SHAKIR ALI versus UPPER D.J. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shakir Ali v. Upper D.J. & Others - WRIT - C No. 165 of 2005 [2007] RD-AH 2098 (8 February 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Tarun  Agarwala,J.

Heard learned counsel for the petitioner.

The Arbitrator gave an award which was filed in the court below. The said award was found to be unstamped. Consequently, the defendant filed an application to deposit  the deficit stamp duty together with penalty. This application was opposed by the plaintiff. The trial court, after hearing the parties, impounded the document under the provisions of Section 33 of the Indian Stamp Act. The revision filed was also dismissed. Consequently, the writ petition.

In my view, once the document is found to be unstamped, the Court has the power to impound the document. There is no jurisdictional error on the part of the trial court in impounding the document. Consequently, I do not find any merit in the writ petition and is  dismissed.

Dated:8.2.2007

AKJ(WP 165/05)

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