Case List: Unstamped Instrument

CASE LIST

Section 35 of the Stamp Act operates as a bar to an unstamped instrument being admitted in evidence or being acted upon.

• Hindustan Steel Ltd. v. M/s. Dilip Construction Co., AIR 1969 SC 1238

Unless the stamp duty and penalty due in respect of the instrument is paid, the court cannot act upon the instrument.

• SMS Tea Estates Pvt. Ltd. v. Chandmari Tea Company Pvt. Ltd., (2011) 3 Comp. LJ 666 (SC) [Summary]
• Avinash Kumar Chauhan v. Vijay Krishna Mishra, (2009) 2 SCC 532.

A photostat copy of a document would not fall within the meaning of “instrument”, and cannot be received as evidence even on condition of payment of stamp duty and penalty.

• Sunkara Surya Prakash Rao v. Madireddi Narasimha Rao 2009 (3) ALD 388.