| Case ID |
f58d661f-095d-4f05-8274-74dcc676ae83 |
| Body |
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| Case Number |
Civil Revision No. 329 of 1984 |
| Decision Date |
Mar 20, 1984 |
| Hearing Date |
Mar 20, 1984 |
| Decision |
The Lahore High Court ruled that the document in question, initially presented as a receipt by the petitioner, was correctly characterized as a sale-deed by the trial court due to its content and signatures. The court found that the document was unstamped and thus, under Section 33 of the Stamp Act, 1899, it was rightly impounded. The court also determined that the trial court overstepped its jurisdiction by imposing a duty and penalty without giving the petitioner the option to tender the document for admission in evidence. Consequently, the court set aside the imposition of duty and penalty, directing the trial court to send the document to the Collector for action under Section 40 of the Stamp Act. |
| Summary |
This case revolves around the interpretation of the Stamp Act (II of 1899) concerning the impounding of a document presented as a receipt but contested as a sale-deed. The Lahore High Court emphasized the importance of proper documentation and adherence to legal procedures in civil cases. The decision highlighted the rights of litigants regarding the tendering of documents in evidence and the responsibilities of courts in enforcing statutory requirements. This case underscores the significance of legal compliance in property transactions and the need for clear evidence to substantiate claims of ownership. The ruling serves as a precedent in cases involving unstamped documents, establishing the necessity for due process in judicial proceedings. Keywords include 'Stamp Act', 'impounding of documents', 'sale-deed', 'civil revision', and 'Lahore High Court'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL LONE, J
|
| Lawyers |
Mahmoodul Haq Thanvi,
Mian Bashir Ahmad
|
| Petitioners |
ABDUR REHMAN
|
| Respondents |
7 others,
RAABIA B.IBI
|
| Citations |
1984 SLD 334,
1984 PLD 407
|
| Other Citations |
Muhammad Ashraf v. Shah-ud-Din P L D 1967 Lab. 564
|
| Laws Involved |
Stamp Act (II of 1899)
|
| Sections |
33,
35,
38,
39,
40
|