or any other provision of this Act. — THE INDIAN STAMP ACT, 1899 (2 of 1899)

32 or any other provision of this Act. stamped; (d) nothing herein contained shall prevent the admission of any instrument in nce in any proceeding in a Criminal Court, other than a proceed ned shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Chapter XIl or Chapter XXXVI of the Code of Criminal Procedure, 1898 ny proceeding in a Criminal Court, other than a proceeding under C XIl or Chapter XXXVI of the Code of Criminal Procedure, 1898 (5 of 1898)'; (e) nothing herein contained Comments and Case-law nd Case-law [Unless a document is properly stamped as is provided under section 35, it t be permitted to be used even for collateral purpose. A collateral purpose is roperly stamped as is provided under section 35, it cannot be permitted to be used even for collateral purpose. A collateral purpose is included in the expansion "any purpose" as contemplated used even for collateral purpose. A collateral purpose is included in the expansion "any purpose" as contemplated under section 35. Mahendra Narayan Choudhary vs. Sukhdev Choudhary, 1970 ansion "any purpose" as contemplated under section Narayan Choudhary vs. Sukhdev Choudhary, 1970 PLJR (N.O.C.) iii. A promissory note which is not duly stamped is inadmissible in evidence but editor who has advanced the loan is not preclude f stamped is inadmissible in evidence but the creditor who has advanced the loan is not precluded from pursuing his ordinary legal remedy of enforcing repayment by a suit based on a original cause s advanced the loan is not precluded from pursuing his ordinary legal remedy of enforcing repayment by a suit based on a original cause of action. P.C. Gopinathan Nair vs. epayment by a suit based on a P.C. Gopinathan Nair vs. P. P. A. Pillai, AIR 1991 Ker 16. This section operates as a bar to an unstamped document, instrument being ted or be instrument being admitted or being acted upon. M/s Wilson & Co. (Pvt.) Lid. vs. Kslokavinayagam, AIR 1992 Madras 100. or being acted AIR 1992 Madras 100. In an arbitration case the defect in the award can be cured by impounding the document and after the defect is removed, it can be brought on record and made a rule of the Court as it is not a permanent bar of the power of the Couri to make such an award rule of the court even if the defect regarding the stamp is cured by the procedure under the stamp Act. ibid. Limitation Act, 1963-Article 136-Legislative mandate as sanctioned u/r 136 can not be kept in abeyance unless the self same legislation makes a provision therefor by the passing of a final decree (Order XX, Rule 18, CPC), the right stand crystalized and it is only thereafter its enforceability can be had though not otherwiseundoubtedly section 2(15) includes a decree of partition and section 35 lays down a bar in the matter of unstamped or insufficient stamp being admitted in evidence or being acted upon but that does not mean that the prescribed period of limitation shall remain suspended until the stamp paper is furnished and the partition decree is drawn thereon and subsequently cigned by the judge enforceability of the decree can not be the subject matter of section 35 neither the limitation can be said to be under suspension-time (limitation) does not stop running at the instance of any individual unless it has some statutory sanction. Hameed Joharan vs. Abdul Salam. 2002(1) PLUR (SC) 5. Document required to be stamped but not stamped cannot be used even for ral purpose. Mahendra Narayan Choudhary vs. Sukhdev Choudhary, 1970 Document required to be stamped but not stamped cannot be used even for collateral purpose. Mahendra Narayan Choudhary vs. Sukhdev Choudhary, 1970 PLJR (NOC) iii. Court not debarred from making an avard a rule of the court after defect in the award, as regards stamps, is removed. Pradip Tracing Co. vs. State of Bihar, 1974 PLJR 235. award, as PLJR 235. Even though there is no prohibition u/s 49 of Registration Act to receive an istered document in evidence for collateral purpose. Bul the document so Even though there unregistered document in evidence for collateral purpose. Bul the document so ments ction 35. unreg docu in evide for collat purpo Bul the docum so tendered should be duly stamped or should comply with requirements of Section 35. y rishna Mishra, 2009(1) Supreme 58.) tendered should be duly stamped or shoul com Avinash Kumar Chauhan vs. Vijay Krishna Mishra, 2009(1) Supreme 58.)

Section 32