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september 2008

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.

Gopi Krishna Trivedi vs Sudama Prasad Ojha · Niyam