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Adv.Shine Thomas (Advocate)     11 September 2008

Can the document be admitted

A document,which is apparently an agreement granting a franchise,is produced in the Court,but is not stamped.Can the document be admited,on payment of penalty?


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 6 Replies

anonymus (confidential)     11 September 2008

yes can be marked only after paying the stamp duty penalty see sec 33 and 34 of indian stamps act.

Murali Krishna (Govt..Employee)     11 September 2008

 Even otherwise also, the document can be used as a secondary evidence, if not as a primary evidence.

Adv.Shine Thomas (Advocate)     11 September 2008

Thanks

ca.bhupendrashah (FCADISA)     11 September 2008

i agree

prof s c pratihar ( urologist &legal studies)     12 September 2008

The words "lawful agreement" in OXXIII,R 3 CPCmeans exactly the same thing as the words" an agreement enforceable by law"  ins 2(h)of the Contract Act.it should stamped.(S2of stamp Act1899)

anonymus (confidential)     12 September 2008

dear mr.pratihar,


u r correct but the context in or23 r3 is an agreement arrived between the parties before court so as to pass a compromise decree. this agreement does not necessarily be stamped. but it can be by way of a petition containing terms of compromise. but the terms should be 'enforceable by law ie., lawful agreement and not be illegal.


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