turn, to the Collector, Kolkata for being stamped in
compliance of Section 35 of the Indian Stamp Act.
6. Even from the communication ... Collector has authority to
assess stamp duty only under Sections 31 , 38 and 40 of the Stamp
Act. It is well-settled that
enforceable, if the
underlying contract was not stamped as per the relevant Stamp Act ; and,
whether allegations of fraudulent invocation of the bank guarantee furnished ... stamped, or inadequately stamped, it is mandated by law to impound
the instrument, and deal with it in accordance with provisions of the
Stamp Act
chargeable to payment of Stamp Duty under Item No.
63 of the First Schedule to the Maharashtra Stamp Act, 1958 .
6.2 In our view ... acted upon as if it has been duly stamped.
7. The Stamp Act is a fiscal measure enacted to
secure revenue for the State
registration or to pay the stamp
duty under the provisions of stamp act and kept silent for more than ... that such instrument is not duly stamped, impound
the same. As per Section 40 of Stamp Act, Collector is empowered to
impound the instrument
lease deed is neither registered
nor sufficiently stamped as per the provisions of the Indian Stamp
Act .
18. It may be noted that in Natraj ... directed to have the substantive contract
stamped in accordance with the provisions of the relevant
Stamp Act , so that the rights and obligations emanating from
passed by Collector of Stamp in exercise of power
under Section 40 and 48 B of Stamp Act by which they have been directed ... conveyance and liable to be
stamped and registered under section 2(14) of the Stamps Act. The
Collector has not committed any error while demanding
document is found to be not duly stamped, Section 35 of
the Stamp Act bars the said document being acted upon.
Consequently, even the arbitration ... received in court, the respondents paid the
requisite stamp duty under Section 35 of the Stamp Act and had it
validated. Now the contention
Shivpuri for calculation of the correct stamp duty and for
impounding of document. The relevant provisions of Stamps Act,
1899 are required to be seen ... returned until and unless proper stamp
duty is being paid in terms of Indian Stamp Act, 1899 .
(13) Accordingly, finding no illegality in the order
Bombay Stamps
Act, 1958 (for short "the Act, 1958"). The order passed by
the Collector & Addl. Superintendent of Stamps, State of
Gujarat ... copy
of order was presented before the stamp authority for
payment of stamp duty. The stamp authorities took the
view that the same was presented
required to be registered with the stamp duty as per
Article 55-D(ii) of the Indian Stamp Act and that therefore, the
respondent ... Schedule
I relating to stamp duty on instruments under the Indian Stamp Act,
1899 , explaining the terms of Release Deed between partners, who
are family
