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Discussion > Business Law > Contracts > Contract on Company Letter head or Non Judicial Stamp Paper   Unanswered Threads Post New Topic

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There are 18 Replies to this message


Raj


Owner
[ Scorecard : 24]
Posted On 18 June 2009 at 11:47 Report Abuse

Hi Friends,

We are a placement service provider and while getting into contract with a company for thier recruitment needs, should we execute the contract on non judicial stamp paper or our company letterhead? What is the difference between the two from legal perspective?

If we use company letterhead, and if the other party breaches the contract, can we take legal action against them? Will the validity be more when we have used non judicial stamp paper to execute the contract?

 

Please let me know your views and if you can point to any relevant literature available for the same, that would be very helpful

Thanks

Raj

 

 

 

 



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A V Vishal


Advocate
[ Scorecard : 19903]
Posted On 18 June 2009 at 12:04 Report Abuse

Execution on Letter head does not bar for institution of suit in case of breach by either parties to the contract. You can also execute it on a Rs.100 Stamp paper, there is no bar on it also.



P.Elamaran


Law Officer in a CPSU
[ Scorecard : 158]
Posted On 19 August 2009 at 19:56 Report Abuse

Hi Mr. Raj,

Legally , as per Sec33 of Indian Stamp Act,1899, you have to pay stamp duty on a legal instrument and we cannot and should not evade it specially to be on the safer side of law. The moment you pay stamp duty on a legal instrument, the same immediately gets legal sanctity and weightage in the eye of law and the court of law will treat it a primary evidence whenever a dispute arises between the two parties concerned. Suppose we don't pay sufficent stamp duty, we will be compelled by court to pay a hefty amount as stamp duty including 10 times penalty whenever the document is presented before any court.



N.Ramakrishnan


Advocate/ Senior Partner
[ Scorecard : 271]
Posted On 17 September 2009 at 19:30 Report Abuse

Dear Mr. Raj,

Mr. Elamaran has summed it up beautifully. The issue is only when you need to legally enforce it in the nature of a contract.

Thanks,

Ramakrishnan, ADV



Sanjay Bansal


Partner
[ Scorecard : 34]
Posted On 25 September 2009 at 23:48 Report Abuse

In your case you want to execute a Placement Service contract for which legally there is no need to execute it on a Stamp paper. An agreemenet on a simple piece of paper is equally good. Execution of certain type of contracts is necessary on stamp paper (which is infact 'stamp duty' required to be paid to the government for that perticular transaction).  It is perfectly valid and enforceable contract in law.



Adinath@Avinash Patil


advocate
[ Scorecard : 5150]
Posted On 26 September 2009 at 22:57 Report Abuse

All contracs should on valid stamp duty, Otherwise they are not enforceable by law.

If you you execute contract on companies letter head that is illegal & said in not enforceable by law.



srinivas


Practising Lawyer
[ Scorecard : 30]
Posted On 10 October 2009 at 15:01 Report Abuse

hi

for claiming any relief from the courts the person should come with clean hands and should be law abiding citizen who shall do acts and deeds in accordance with the law of land and coming to subject that dispute in business and contracts are always suspected if you need that law should be helpful to you than you should abide it as per the Indian Stamp act for any transaction the stamp duty is to be paid and i advise you that you shall enter into agreement on non-judicial stamp paper only but not on yours letter head



medappa


legal
[ Scorecard : 77]
Posted On 16 October 2009 at 12:32 Report Abuse

Hi,

Is it necessary to have employment contracts, between the employer and employee, on stamp paper......... or the company letterhead will do?



medappa


legal
[ Scorecard : 77]
Posted On 26 October 2009 at 11:45 Report Abuse

Hi,

In many companies, big and small, employment contracts are not on stamp paper but on company letterheads. Are these contracts unenforceable and invalid?



Theja


Lawyer
[ Scorecard : 386]
Posted On 31 October 2009 at 12:00 Report Abuse

They are valid. Sec. 10 of Contract Act does not say that only a contract exceutd on a stamp paper is valid. However, in the event of any dispute it is better to get it exceuted on a stamp paer. Even, when you excecute a contract on a letter head paper, if u are able to establish the validity of the contract then that is  fine to sign it on that paper.




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