Niyam v2 is live — start for just ₹100 — 200 credits to try

october 2013

Supreme Court of India · 2013-10-07

OMPRAKASH vs LAXMINARAYAN .

Citation / case number
SC 2008/18730
Court
Supreme Court of India
Petitioner
OMPRAKASH
Respondent
LAXMINARAYAN .
Author
CHANDRAMAULI KR. PRASAD
Bench
KURIAN JOSEPH CHANDRAMAULI KR. PRASAD

Judgment text excerpt

The Supreme Court ruled that an agreement to sell, which includes a recital of possession being handed over, must be stamped as a conveyance under the Indian Stamp Act, 1899, specifically referring to Section 35. The Court held that the trial court's decision to deem the agreement inadmissible due to insufficient stamping was correct, emphasizing that proper stamp duty must be paid for the document to be admissible in evidence. Consequently, the appeal was dismissed, affirming the lower court's ruling.

OMPRAKASH vs LAXMINARAYAN . · Niyam