Supreme Court of India

Omprakash v. Laxminarayan & Ors.

Neutral citation
Reported as [2013] 9 S.C.R. 923
Bench Chandramauli Kr. Prasad and Kurian Joseph JJ.
Decided 7 October 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In the result, the appeal is allowed, the impugned order of the High Court is set aside and that of the trial court is c restored but without any order as to costs.

Judgment, page 12

From the headnote

STAMP ACT, 1899: s.35 rlw s.2(10), Schedule 1- , Art. 23, as substituted by c s. 6 of Act 22 of 1990 - Instrument not duly stamped, inadmissible in evidence - "Conveyance" - Agreement to sell containing recital that possession had been handed over to purchaser - Held: In the instant case, the agreement to sell 0 with possession is an instrument which requires payment of the stamp duty applicable to a deed of conveyance -- Duty as required, has not been paid and, therefore, trial court rightly held the same to be inadmissible in evidence. EVIDENCE: Agreement to sell - Containing the recital of

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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