stamp act
rajendra
(Querist) 25 June 2011
This query is : Resolved
At what stage of a proceeding one can excercise power under sec 33 and 34 of Karnataka Stamp Act and impound an insufficiently stamped document ? Whether such power can be excercised even while hearing an interim application or only when such document is sought to be marked during evidence ?
prabhakar singh
(Expert) 25 June 2011
even while hearing an interim application,Whenever inefficiency comes to light
'
33Examination and impounding of instruments.-..............................................before whom
any instrument, chargeable in his opinion, with duty, is produced or comes
in the performance of his functions, shall, if it appears to him that such
instrument is not duly stamped, impound the same.
Dayananda Gowda
(Expert) 25 June 2011
The court may at any stage of proceedings raise question of stamp duty and penalty. The court may raise at the earlier stage of suit i.e., hearing on I.A while passing exparte interim order or hearing of I.A and direct to pay Duty and Penalty on the same. If failed to comply the order court may impound the same.
R.Ramachandran
(Expert) 26 June 2011
An interim order cannot be passed without weighing the veracity of the document produced. If the document is found to be insufficiently stamped naturally at that stage itself the same can be impounded.
