Supreme Court of India
Vijay v. Union of India & Ors.
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
We are of the opinion that in the instant case, the Plaintiff ’s prayer for leading the secondary evidence ought to be allowed in so far as the documents sought to be introduced as secondary evidence be taken by the concerned Court and exhibited, with its admissibility being decided independently, in accordance with la w under the Evidence Act.
Judgment, page 19
From the headnote
Issue for consideration: Whether the bar of admissibility created by s.35, Stamp Act 1899 applies to the agreement(s) to sell dtd. 04.02.1 988 executed by the parties; can a copy of a document be adduced as secondary evidence when the original instrument is not in possession of the party; and whether, in the facts of the present case, would the decision of this Court in Jupadi Kesava Rao v. Pulavarthi Venkata Subha Rao be binding as held by both the Courts below? Stamp Act, 1899 – s.35 – Applicability – Article 23 of Schedule 1A of the Stamp Act – “conveyance” – Stamp (Madhya Pradesh
Authorities it was built on
- 2014 Commissioner of Income Tax (central)-1, New Delhi v. Vatika Township Private Limited
- 2011 Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana & Anr.
- 2011 H. Siddiqui (dead) by Lrs. v. A. Ramalingam
- 2010 M. Chandra v. M. Thangamuthu & Anr.
- 2007 Smt. J. Yashoda v. Smt. K. Shobha Rani
- 1975 Govinddas & Ors. Etc. Etc. v. Income Tax Officer & Another
- 2007 Hariom Agrawal v. Prakash Chand Mal Viya
- 1971 Jupudi Kesava Rao v. Pulavarthi Venkata Subbarao and Others.
- 2019 Munishamappa & Ors. v. State of Karnataka
Where later benches applied it
Of those, 1 referred to
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