[Landmark Judgement] Shyamal Kumar Roy v/s Sushil Kumar Agarwal (2006)

Landmark Judgment Law Insider (1)

Published on: 23 November 2022 at 10:21 IST

Court – Supreme Court of India

Citation – Shyamal Kumar Roy v/s Sushil Kumar Agarwal (2006) 11 SCC 331

Hon’ble Supreme Court of India has held that the objection to the admissibility of a document is required to be determined judicially. It is necessary that the document should have been marked in presence of the parties and they had an opportunity to object to the marking of the document.

The question of judicial determination of the matter would arise provided an objection is taken as to what document is tendered in evidence and before it is marked as an exhibit in the case. In that case there was nothing on record to show that the document was marked as an exhibit after an objection had been raised.

Para – 19

When there had been no determination as regards sufficiency of the stamp duty paid on an instrument and in the event the document is taken in evidence with an endorsement, that “objected, allowed subject to objection”, this Court in Ram Rattan held that the objection was not judicially determined and the document was merely tentatively marked and in such a situation Section 36 would not be attracted.

Ram Rattan also, therefore, is an authority for the proposition that the party objecting to the admissibility of the document must raise an objection so as to enable the trial Judge to determine the issue upon application of his judicial mind at the appropriate stage.

Para – 20

If no objection had been made by the appellant herein in regard to the admissibility of the said document, he, at a later stage, cannot be permitted to turn round and contend that the said document is inadmissible in evidence.

Drafted By Abhijit Mishra

Key Words – Stamp Duty, Admissibility, Objection.

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