Supreme Court of India · 2024-07-09
G.M.Shahul Hameed vs Jayanthi R.Hegde
- Citation / case number
- 2024 INSC 493
- Court
- Supreme Court of India
- Petitioner
- G.M.Shahul Hameed
- Respondent
- Jayanthi R.Hegde
- Author
- Dipankar Datta
- Bench
- Pankaj Mithal, Dipankar Datta
Judgment text excerpt
The Supreme Court addressed the issue of whether a court can recall an instrument marked as an exhibit due to insufficient stamping under the Karnataka Stamp Act, 1957. The Court held that the inherent powers under Section 151 of the Code of Civil Procedure can be exercised to prevent abuse of the process of the court, allowing for the impounding of insufficiently stamped documents as per Section 34 of the Karnataka Stamp Act. The judgment of the High Court was set aside, affirming the trial court's authority to address the stamping issue.