Supreme Court of India · 2008-09-01
Gopi Krishna Trivedi vs Sudama Prasad Ojha
- Citation / case number
- AIR 2009 SUPREME COURT 355
- Court
- Supreme Court of India
- Petitioner
- Gopi Krishna Trivedi
- Respondent
- Sudama Prasad Ojha
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Mukundakam Sharma
Judgment text excerpt
The Supreme Court upheld the Calcutta High Court's decision regarding the necessity of stamp duty on documents related to an oral agreement for the sale of immovable property. The Court referenced Section 2(14) of the Indian Stamp Act, emphasizing that documents incorporating terms of an oral agreement must be properly stamped to be considered valid instruments. The ruling clarified that since rights and liabilities were purportedly created through the agreement, the documents in question were deemed instruments under the Act, necessitating stamp duty payment.