In a civil suit governed by section 35 of the Indian Stamp Act, 1899, the original promissory note is…
Section 35 bars admission while the stamp deficiency remains. Proviso (a) allows admission on payment of the deficit duty and the prescribed penalty. The Finance Act, 2006…
Choose your answer
In a civil suit governed by section 35 of the Indian Stamp Act, 1899, the original promissory note is insufficiently stamped. There is no objection other than the stamp deficiency. What allows the court to admit the note in evidence under proviso (a)?
Answer and explanation
Correct answer B
Section 35 bars admission while the stamp deficiency remains. Proviso (a) allows admission on payment of the deficit duty and the prescribed penalty. The Finance Act, 2006 removed the former exclusion for promissory notes from this proviso.
Option feedback
Option A
Proviso (a) requires payment of the penalty as well as the deficiency.
Option B
This satisfies the stamp-related conditions in proviso (a).
Option C
The deficit duty is still payable.
Option D
The former exclusion for promissory notes was removed from proviso (a) in 2006.
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Karnataka Higher Judicial Service