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july 1983

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.

BHAGWAN DASS ARORA vs FIRST ADDL. DISTT. JUDGE, RAMPUR · Niyam