Discuss the impounding of instruments u/s 33 and 35?

1- Concept of impounding:
Section 33 and 35 of stamp act 1899 gives procedure in which unstamped
or in-sufficient stamp instruments are to be dealt by the court.
Court can impose stamp duty and penalty instead of admitting evidence.
2- Applicable law:
Section 33 and 35 of stamp act 1899
3- Meaning of impounding:
Impound means to take formal possession or to place suspected document
in custody of law.
4- Impounding of instruments u/s 33:
Every public officer accepts an office of police shall impound the instrument
before which it is produced or comes when it is not dually stamped.
5- Object of section 33:
a- To secure proper scrutinizing of instruments
b- To help criminal penalty clauses
c- Authority competent to impound
d- Public officer are authorized to impound the instrument.
6- Conditions for impounding:

- Instrument not stamped

b- Produced before competent person
c- In the performance of his functions
7- Time for impounding:
An instrument must be impounded before it can be admitted in evidence
upon payment of penalty.
8- Procedure for impounding:
Following is the procedure for impounding
i- Examination of instrument:
Instrument shall be examined to ascertain whether it is dually stamped or
not.
ii- Satisfaction of authority:
Authority to impound must be of the opinion and satisfied, that instrument
is not dually stamped.
iii- Endorsement by presiding officer:
Instrument shall be impounded when presiding officer writes in his writing
the word impounded and endorse with his signatures.
9- Instruments not dually stamped u/s 35:
i- General rule:
An instrument which not dually stamped cannot be admitted in evidence or
acted upon by a court.
10- Exceptions to general rule:
Unstamped instrument may be admissible in evidence in following cases
a- Admission of instrument on payment of penalty
b- Unstamped receipts
c- Contract affected by correspondence
d- Admission of instruments by criminal courts
e- Instrument executed by government
11- Difference between section 33 and 35:
Following are the differences between section 33 and 35
12- Difference as to specification of offices:
i- Section 33 specifies the offices which can impound the instrument
ii- Section 35 only renders such instrument inadmissible generally
13- Difference as to penalty:
i- Section 33 does not impose any penalty
ii- Section 35 imposes penalty
14- Difference as to compulsion:
i- Section 33 makes it compulsory to the court to examine the instrument
ii- Section 35 does not provide any compulsion
15- Conclusion:

Discuss the competency of a civil suit during the arbitration agreement?

1- Suit during arbitration agreement:
A party to an arbitration agreement starts a legal proceeding with respect
to subject matter of such agreement. The other party has right to get such
proceedings stayed so as to enable arbitration to proceed in terms of
agreement.
2- Applicable law:
Section 34 of arbitration act 1940
3- Arbitration agreement – connotation of:
Section 2(a)
Following are the important essential ingredients of arbitration agreements.
i- There must be an agreement
ii- Agreement must be written
iii- That must be certain
iv- Agreement must relate to differences
v- There must be a provision regarding arbitration
vi- Name of arbitrator is not necessary
4- Content of arbitration agreement:
Parties may provide contents of arbitration agreement but if not provided,
the 1st schedule shall apply.
5- Stamp duty on arbitration agreement:
An arbitration agreement is required to stamp u/s 3 of stamp act 1899.
6- Registration of arbitration agreement:
It is not register-able but if it relates to immoveable property, it is required
to be registered.
7- Stay of proceeding during arbitration agreement:
Proceeding shall be stayed by the court on,
i- The application of other party, and
ii- After satisfaction of court
8- Application for stay of proceedings:
Proceedings cannot be stayed Suo Motu, only by the application of the
other party and after the satisfaction of court.
9- Satisfaction of court:
Following are the conditions must be satisfied by court for the stay of
proceedings.
i- Valid arbitration agreement:
There has been a valid arbitration agreement between the parties
ii- Proceedings in the court:
Legal proceedings in the court must have been commenced.
iii- Proceeding by the party:
The proceeding must have been commencing by any of the party to
agreement.
iv- Proceeding in respect of matter refers to arbitration:
Proceeding in the court must be in respect of a matter which was decided
to refer to arbitration.
v- Application by party:
An application for stay of proceeding must be given by the party.
vi- Before written statement:
The application for stay of proceedings must be filed before filing written
statement.
10- Effect of stay of proceedings:
When proceedings are stayed, the court is bound to exercise its control
over arbitration proceedings.
11- Application of section 34:
Section 34 applies where proceedings have been instituted in respect of
matter agreed to refer.
12- Appeal against stay of proceedings:
An order to stay the proceedings u/s 34 of arbitration act 1940 is an
appealable order.
13- Conclusion: