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november 2023

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.

VIJAY vs UNION OF INDIA · Niyam