absence of revenue stamp on one promissory note

sanjay kumar patibandla (Querist) 03 September 2008 This query is : Resolved
Hai this is sanjay kumar advocate, One illiterate client who belong to S T community came to my office and showed one promissory note and requested me to file suit for recovery of money. But there is no revenue stamp on that promissory note. What to do now. That man is sooo innocent. Is their any remedy for this.

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GOPI KRISHNA (Expert) 03 September 2008
you may checkout the position regarding use of revenue stamp in your state whether is it mandatory or not

in karnataka use of reveue stamp, court fee stamp is discontinued and hence stamp is not required

sanjay kumar patibandla (Querist) 03 September 2008
In andhra pradesh it is essential sir mr.Gopi Krishna is their any another remedy

SANJAY DIXIT (Expert) 03 September 2008
Dear Sanjay,
Pls check your state rules regarding the impounding of documents for want of proper duty. See whether is it possible to pay penality from the date of execution of such document. If yes , do so.

K.C.Suresh (Expert) 04 September 2008
Impound the document and check up whether there is any concession to ST people. There is no illegality. You can impound it even otherwise.

Jithendra.H.J (Expert) 16 April 2009
promissory note without stamp duty/sufficient stmap duty is not valid, it is not admissible in evidence(Read section 35 of Evidence Act).

O.K dont loose heart plz refer the following citations
1) AIR 1980 Ori 10
2)AIR 1971 Madras 290
3)AIR 1964 AP 188

Y V Vishweshwar Rao (Expert) 26 April 2009
I agree with Mr Jithendra Views

From the Contents of the document , can we make out any other nature of document - to be considered

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