GURMUKH SINGH versus JASWANT KAUR

GURMUKH SINGH versus JASWANT KAUR

Findings of fact by the courts below indicate that the pronote and receipt were not duly stamped, with stamps removed from another document and affixed to the pronote. Hence, such a pronote cannot be considered and no recovery can be made based on it.

Parties
Appellant: Gurmukh Singh; Respondent: Jaswant Kaur
Jurisdiction
India
Judgment Date
04 April 2011
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Execution of Pronote, Recovery Suit, Stamp Duty
Civil Procedure Execution of Pronote Recovery Suit Stamp Duty

Case Brief

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Parties

Gurmukh Singh

Appellant

Jaswant Kaur

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the pronote and receipt executed by the respondent in favour of the appellant can be relied upon for recovery when alleged to be not duly stamped.
  2. 2 Whether the stamps affixed on the pronote and receipt were removed from another document, rendering the documents inadmissible.

Ratio Decidendi

Findings of fact by the courts below indicate that the pronote and receipt were not duly stamped, with stamps removed from another document and affixed to the pronote. Hence, such a pronote cannot be considered and no recovery can be made based on it.

Court Disposition

appeal dismissed

Orders

  • No costs