Supreme Court Sets Aside Impounding of Unstamped Agreement in Specific Performance Suit Pending for 29 Years — Refund of Stamp Duty on Cancelled Conveyance Permitted. The court held that impounding under Section 35 of Indian Stamp Act, 1899 is discretionary and would be unjust where appellant had already paid stamp duty on a conveyance that was cancelled due to setting aside of consent decree....
The case arises from a dispute over a tea estate. The appellant, M/s Terai Tea Company Limited, entered into an agreement to sell dated 15th January 1990 with Dhirendra Nath Bhowmick (since deceased) ...
