impounding of document
vaishali
(Querist) 22 November 2008
This query is : Resolved
hello, r/sir.my que.is what is impounding of a document means? onec any document is impound,can it is readable in the evidens?n any citetion on tht point.
anonymus
(Expert) 22 November 2008
hello vaishali, a document which is insufficiently stamped will be impounded by the court and it cannot be admitted in evidence unless the stamp duty penalty is paid. ie., the deficit stamp duty and penalty upto 10 times the deficit must be paid. If the penalty is paid then the document can be admitted in evidence, but if the document is compelsurily registrable then it can be looked into for collateral purpose alone.
pls refer bipin shantal panchal's case in 2001(3)scc 1
hariom agrawal vs prakash chand malviya 2008 (3)ctc 457(sc)
smilingadvocate
(Expert) 22 November 2008
Hi,
Vaishali As my learned friend said is correct but one thing more is that so as to save the stamp duty and penalty to an extent u can ask the court to send the document for impounding tothecollector/registrar of stamps and registration for collection of the stamp duty and penalty, where in the law enjoins him thepower to reduce the percentage of penalty ie.from 10 times to 3 or 5 times, where as the court has not power to reduce and it has to collect 10 times penalty
J K Agrawal
(Expert) 23 November 2008
Sir
Only collector is empowered to inpound a document and not a Court. However a Court it self can inpound a document if the instrument is chargable with 10 paise stamp only or it is Bill of ecchange or pro note or a receipt of a payment only.
vaishali
(Querist) 24 November 2008
i like to thnx to all experts for there reply its really help full to me.
