B N GUNTA Vs. PULL GOPAL REDDY

JUDGEMENT

(1.) At Admission stage The question involved in this revision is whether the Exs. B-13, B-15 and B-16 dated 8-10-1957, 17-1-1959 and 18-1-1959 for Rs.695-80 Rs.2,920/- and Rs.3,000/- bearing anna stamp 2, anna stamps 4 and anna stamps 4 of Government of Hyderabad respectively are admissible in evidence.

(2.) The learned Judge held that these documents are not admissible in evidence as they are not duly stamped. In support of his finding, the learned Judge held that under Article 49 (a) (iii) of the Schedule I of the Stamp Act, the duty payable on pronotesabove Rs.1000/- was 25 paise and since the duty paid on Exs. B-l5 and B-16 was 4 annas and the duty paid on Ex.B-13 was 1 anna (sic. 2 annas), they were insufficiently stamped against which the present revision is filed.

(3.) Under similar circumstances, a Division Bench of this Court in CRP No.613/64, dated 8-11-1968 held that the pronotes which were executed after the amendment of Indian Stamp Act by Indian Stamp (Amendment) Act 19 of 1958, dated 1-10-1958/ were required to be stamped by 25 paise or by a stamp in denomination of 4 annas. It was further held that "Section 77-A prescribes the use of stamps in denomination of 4 annas in cases of promissory notes where 25 paise stamp is required under Article 49 (a) (iii) because it is not possible to break a stamp in denomination of 4 annas into 4 (paise) of 1 anna each as total value of each would not be 25 paise, but as noted earlier is declared as equivalent to a stamp in denomination of 4 annas." It is also observed that "it is possible to use stamps of more value than what is required. For example, instead of 4 1 anna stamps, one can affix 5 1 anna stamps or 4 1 anna stamps and one anna stamp or can affix more stamps in decimal series than 25 paise. In all such cases, the surplus would be treated as superfluous and since proper stamp duty would be deemed to have been paid, the documents do not suffer from infirmity of being not duly stamped. In no case, however, an instrument can be stamped with lesser value of stamps than what is required under law." The learned Judge also held: