Supreme Court of India · 2023-11-29
VIJAY vs UNION OF INDIA
- Citation / case number
- SC 2010/6985
- Court
- Supreme Court of India
- Petitioner
- VIJAY
- Respondent
- UNION OF INDIA
- Author
- HON'BLE MR. JUSTICE SANJAY KAROL
- Bench
- HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE HRISHIKESH ROY
Judgment text excerpt
The Supreme Court examined whether Section 35 of the Indian Stamp Act 1899, which restricts the admissibility of unstamped or insufficiently stamped documents, applies to agreements to sell. The Court also considered whether copies of documents can be used as secondary evidence when the original is unavailable, and whether the precedent set in Jupadi Kesava Rao v. Pulavarthi Venkata Subha Rao remains binding. The Court held that Section 35 does apply to agreements to sell and that secondary evidence is permissible if the original is not in possession, provided legal requirements are met. The decision in Jupadi Kesava Rao was reaffirmed as binding.