K Krishna Shety v. Sri K Raghavendra Nayak
Case brief
What is this about?
Karnataka Stamp Act 1957 Section 34 — who pays duty and penalty on insufficiently stamped document; person tendering instrument for admission in evidence liable, not a defendant who did not tender it; impounding of GPAs Exs.D1 to D3 in O.S.No.517/2014 Mangalore; application under Section 151 CPC read with Section 33 of the Act; recovery of duty/penalty from another person per Section 43 of the Act; writ petition under Article 227 quashing trial Court order dated 03.07.2021 on IA No.XV imposing Rs.9,52,675/- deficit stamp duty and penalty on defendant No.2; reliance on Co-ordinate Bench decision Madireddy v. Chowdareddy and Others, ILR 2017 KAR 2407; defendant No.1 directed to pay duty and penalty on Ex.D3; no order as to costs.
What did the court decide?
Writ petition allowed; impugned order dated 03.07.2021 set aside insofar as it directs petitioner/defendant No.2 to pay deficit stamp duty and penalty of Rs.9,52,675/- on Ex.D3; defendant No.1 to pay the duty and penalty on Ex.D3 as calculated by the trial Court; no order as to costs.