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july 2024

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.

G.M.Shahul Hameed vs Jayanthi R.Hegde · Niyam