In Brief
A General Power of Attorney (GPA) was admitted as evidence and marked as an exhibit without the trial court applying judicial mind to examine whether it bore sufficient stamp duty. The appellant later sought to impound the insufficiently stamped document and obtain an order for payment of deficit stamp duty and penalty. The High Court set aside this order, holding that once a document is admitted in evidence, its admissibility cannot be questioned. The Supreme Court held that section 35 of the Karnataka Stamp Act bars reconsideration of admissibility only after proper judicial determination. Where the court fails to judicially determine admissibility before marking a document, section 35 does not apply. The trial court may exercise inherent powers under section 151 of CPC to impound the document and direct payment of dues, ensuring compliance with statutory stamp duty obligations.
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