Merchant Shipping
Act, 1894, or under Act, 19 of 1838, or the India Registration
of Ships Act, 1841, as amended by subsequent Acts ... inadmissible and not void. Non-stamping or improper stamping
does not result in the instrument becoming invalid. The Stamp Act does not
render such
Stamp Act. Merely because time-limit
of stamping under Section 17 of the Stamp Act is not
adhered to, the same cannot be made ... ground that the same has not
been stamped as per Section 17 of the Stamp Act.
C. Whether Section 32(3) of the Stamp Act
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 ... 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
Act,
which attracts stamp duty and which is not stamped or insufficiently stamped,
cannot be acted upon, in view of Section 35 of the Stamp ... Act, applicable to instruments chargeable to stamp
duty under Section 3 read with the Schedule to the Stamp Act , would render the
arbitration agreement contained
stamp duty. Undisputedly, the work order is chargeable to payment of stamp
duty under Item 63 of the First Schedule to the Maharashtra Stamp Act ... fiscal enactment for payment of stamp duty to the State on
certain classes of instruments specified in the Stamp Act . Section 40 of the Stamp
exhibit. Learned counsel
further submit that Section 40 of Rajasthan Stamp Act, 1998
restricts the defendant-respondent from questioning a document
after its admission ... duly
stamped receipt to be substituted therefore.
39. Instruments not duly stamped inadmissible
in evidence, etc -No instrument chargeable with
duty under this Act shall
difference between collection of stamp duty and
creating charge over the property under Section 47-A of the Stamp Act,
since, under Section ... these two enactments—the Stamp
Act and the Registration Act—are cognate enactments,
complementing each other. Under both acts, the same set of
officers function
4279/2022 (u/S 33, 38 & 40 of Indian Stamp Act r/w Section 151 of
CPC)
1. The present Application under Sections ... document which is not stamped with the requisite Stamp Duty, is bound to
be impounded under Section 3 of the Act, 1899 as the expression
Act 1989 ( herein after called as
act of 1899) was filed by defendant no. 1 to 6 praying to impound said
unregistered and insufficiently stamped ... times penalty by the collector of stamps under section 40
of the Stamp Act 1899 was validly imposed or not which is not the issue
referred Schedule IA, Article 32(b)(ii) of the Indian Stamp
Act, 1899 on Instruments in West Bengal and submitted that the
instruments imposing ... properly
stamped, it should be impounded and dealt with, in
the manner specified in Section 38 of the Stamp Act,
1899. It has also been
