Bidyut Sarkar vs Kanchilal Pal (D) 2024 INSC 704- Indian Stamp Act – Insufficiently Stamped Document

Indian Stamp Act, 1899; Section 35-42- An insufficiently stamped document can only be admitted into evidence after the deficiency in stamp duty and any applicable penalty has been duly paid and cleared. (Para 17) -Plaintiff’s contention that he would be entitled to get benefit of section 36 of the Stamp Act as the document had been exhibited and admitted in evidence, holds no ground in as much as the document was found to be insufficiently stamped and was marked as exhibit with objection and that objection having not been removed or cured, no benefit of section 36 of the Stamp Act- The plaintiff cannot claim relief on the basis of a document that has not satisfied the legal requirements for admissibility. (Para 27-30)