Supreme Court of India · 1983-07-25
BHAGWAN DASS ARORA vs FIRST ADDL. DISTT. JUDGE, RAMPUR
- Citation / case number
- SC 1983/66032
- Court
- Supreme Court of India
- Petitioner
- BHAGWAN DASS ARORA
- Respondent
- FIRST ADDL. DISTT. JUDGE, RAMPUR
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court addressed the issue of whether a surety bond under the Provincial Small Cause Courts Act, 1887, must comply with the stamping requirements of the Indian Stamp Act. The Court held that a litigant should not be penalized for procedural discrepancies, particularly in light of conflicting opinions between the Madras and Calcutta High Courts. The Court allowed the appeal, emphasizing that justice should not be denied due to technicalities, and the appellant's bond, although initially inadequately stamped, was ultimately deemed acceptable after supplying the requisite stamps.