Confliciting Documents - A Lawyer's Paradise

evidence general intermediate pyq_discussion

In the 2022 CLAT exam, Q 33 from Evidence Act asked: A and B are partners. A gives a statement to B in good faith that he has sold a truck to C for Rs 1,00,000. Later it is found that A never sold the truck to C. B relies on this statement while purchasing a truck from C's partner. The statement by A can be considered a document under Section 3 of the Indian Stamp Act as it bears a stamp of Rs 10. A certificate issued by the Collector stating that the document is not of a kind required to be stamped is produced. What will happen?

The correct approach here is to first identify that since the document was unstamped, it cannot be considered a primary evidence. Now, the Collector's certificate under Section 21 of the Indian Stamp Act would be admissible as secondary evidence.

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