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Where Instrument was not required to be stamped u/s 35, no bar could be imposed due to it being not duly stamped
Case Law Details
- Case Name
- Vijay Vs Union of India & Ors. (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Vijay Vs Union of India & Ors. (Supreme Court of India)
Conclusion: When the Instrument was not chargeable with stamp duty as it was not required to be stamped, section 35 had no application and no bar could be imposed due to it being not duly stamped.
Held: Plaintiff and Defendant entered into an agreement to sell on 04.02.1998, and pursuant to that, Plaintiff was allegedly put in possession by Defendant. When Defendant denied the existence of such an agreement, Plaintiff filed a suit for specific performance of contract. In the said suit, Plaintiff moved an application...
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