Law: Stamp Act, of 1899

Section:

(a) Stamp Act (II of 1899)----   ---- S. 36 read with S. 35-Instru ment once admitted cannot be questioned at subsequent stage.   Section 35 of the Stamp Act, 1899, no doubt, prohibits a Court from admitting in evidence an instrument which is its view is not duly stamped and also prohibits the Court from acting on such document, yet if the Court wrongly admits such docu ment, the appellate Court is prevented by section 36 of the Act from calling into question the admission in evidence of such an instrument, though it may have been wrongly admitted. In other words, the appellate Court is bound to hold that admission was proper.   Nirode Basini v. Sital Chandra A I R 1930 Cal. 577 and V. E. A. Annamalai Chettiar and another v. S. V. V. S. Veerappa Chettiar and others A I R 1556 S C 12 rel.   Hurdwary Mull v. Ahmed Musayi Saleji and others 13 C W N 63 ; Kali Charan Banik v. Mani Mohan Saha Banik 28 C W N 871 ; Krishna Kumar v. Mt. Jagpati Kuer A I R 1937 Pat. 73 ; Sm. Khemi Mahatani v. Charan Napit A I R 1953 Pat. 365 and Noor Ahmed v. Irshad Ghaus A I R 1933 All. 821 ref.   (b) Arbitration----   ---Arbitrators deciding disputed question of fact- Must go into evidence when nature of dispute requires it-Decision without material or evidence-Not mere irregularity but illegality which vitiates award.   The Arbitrators must remember that they determine the matter referred to them judicially. They should, therefore, go into evidence when the nature of dispute requires it. If they decide such disputed questions without going into evidence they might be guilty of legal misconduct, because it may be said that they had decided such questions blindly without any materials before them. Of course, if the parties fail to adduce evidence, they will be justified to decide the case on materials before them. Deciding disputed questions of fact without material or evidence are not questions of technicality or mere irregularity but amounts illegality which may vitiate the award.   JUDGMENT   AKBAR, J.-These three appeals which are between the same parties, and which involve common question of law have been heard together at the request of…