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State of Bihar - Section

Section 431 in Civil Court Rules of the High Court of Judicature at Patna

431.

The following rules to regulate use of adhesive and impressed stamps have been framed by Government :-When, in any case, the fee chargeable under the Act is less than Rs. 25 and the amount can be denoted by a single adhesive stamp, it shall be denoted by a single adhesive stamp of the required value. If a single adhesive stamp of the required value is not available or if the amount cannot be denoted by a single adhesive stamp, a stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional adhesive stamps of the next lower values which may be required to make up the exact amount of the fee. [R. 16. P. 61, Stamp Manual, 1924.]When, in any case, the fee chargeable under the Act amounts to or exceeds Rs. 25 and the amount can be denoted by a single impressed stamp, it shall be denoted by a single impressed stamp of the required value. If a single impressed stamp of the required value is not available, or if the amount cannot be denoted by a single impressed stamp, an impressed stamp, of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional impressed stamps of the next lower values available, which may be required to make up the exact amount of the fee in combination with adhesive stamps to make up fractions of less than Rs. 25. Any adhesive stamp so used shall be affixed to the impressed stamp of the highest value employed in denoting the fee, or to the first sheet of the document to be inscribed in such manner as not to conceal the value of the stamp thereon. [R. 17, P. 61, Stamp Manual, 1924.]When the application for the required stamp is made to a licensed vendor of Court-fee stamps, and such vendor is unable to furnish a single stamp of the required value, he shall give a certificate to that effect in the form below, which must be affixed to the document and filed with it [R. 16, pp. 61-62, Stamp Manual, 1924.]-Form of certificateCertified that a single stamp of the value of Rs. .......... required for this document is not available, but that, in lieu thereof, I have furnished a stamp of the next lower value available, and made up
the deficiency by the use of one or more| adhesiveimpressed| stamps of the next lower values available required to make up the exact amount of the fee.
Certificates are not required in similar circumstances from official vendors, but they shall as far as practicable, follow the above instructions.A document stamped otherwise than in accordance with the preceding rules is not properly stamped within the meaning of section 28 of the Court-fees Act, 1870. [R. 19, p. 62, Stamp Manual 1924.]When two or more impressed stamps are used to make up the amount of the fee chargeable under the Court-fees Act, a portion of the subject-matter shall ordinarily be written on each stamped sheet. Where this is impracticable or seriously inconvenient, the document shall be written on one or more sheets bearing impressed stamps of the highest value, and the remaining stamps snail be punched and cancelled by the Court and filed with the record, a certificate being recorded by the Court on the face of the first sheet of the document to the effect that the full Court-fee has been paid in stamps. The writing on each stamped sheet shall be attested by the signature of the person or persons executing the document. [R. 20, p. 62, Stamp Manual, 1924.]When one or more impressed stamps used to denote a fee are found insufficient to admit of the entire document being written on the side of the paper which bears the stamp, so much plain paper may be joined thereto as may be necessary for the complete writing of the document, and the writing on the impressed stamps and on the plain paper shall be attested by the signature of the person or persons executing the document. [R. 21, p. 62, Stamp Manual, 1924.]II - Cancellation of Court-Fee Stamps