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Discussion > Legal Documents > Agreements > Validity of Non Judicial Stamp Paper   Unanswered Threads Post New Topic

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There are 13 Replies to this message


TVD Rajkumar


Advocate
[ Scorecard : 175]
Posted On 09 December 2008 at 11:01 Report Abuse

Dear Friends,

Quiet often we find that people insisting that stamp papers purchased for executing agreements/contracts, needs to have been purchased not later than 6 months prior to the execution of the same. Stamp Act does not demand this. Could somebody enlighten, as to which rule of law demands this or if there is some logical reason behind it?

Thanks in advance.



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Manish Singh


Advocate
[ Scorecard : 12697]
Posted On 09 December 2008 at 17:08 Report Abuse

stamp acts differ from state to state and some stamp acts clarly says that the validity shall be for 6 months and where the validity is not mentioned there is no bar to use the said stamps even afetre 6 months as held by different courts including the SC.



Murali Krishna


Govt..Employee
[ Scorecard : 2584]
Posted On 09 December 2008 at 18:07 Report Abuse

Manish Singh rightly answered you.


Bombay stamp Act stipulates 6 month validation period. In these columns, there was some discussion about the validity of stamp paper some time and a judgement of SC was also referred. 


However, I am afraid, that the judgement did not refer to those State Stamp Acts where validation period of a stamp paper fixed specifically. It refers only Indian Stamp Act.



Jaydeep Kurup


ACS, LLB
[ Scorecard : 427]
Posted On 10 December 2008 at 11:29 Report Abuse

In a remarkable judgement (Thiruvengada Pillai vs. Navaneethammal and Anr. ), the Supreme Court held that the stamp papers can be used after a period of 6 months from the date of purchase etc. The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper .


Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless) can seek refund of the value thereof by surrendering such stamp paper to the collector provided it was purchased within the priod of 6 months next preceding the date on which it was surrendered.


The stipulation of the period of 6 montsh prescribed in Section 54 is only for the purpose of seekign a refund of the value of the unused stamp paper and not for the use of the stamp paper.


However the above interpretation may have to be checked with the state stamp acts for their applicability.


 


 



Anil Agrawal


Retired
[ Scorecard : 7449]
Posted On 10 December 2008 at 18:08 Report Abuse

 Can a stamp paper bought in A's name be used by B if B is not a party to the transaction?



TVD Rajkumar


Advocate
[ Scorecard : 175]
Posted On 12 December 2008 at 13:37 Report Abuse

Thanx friends,


Could you also state the positon in Punjab.


Mr. Murali could you give me the section or notification of the Bombay Stamp Act.


Mr. Anil pls do not hijack the thread of others. Pls open a new topic if you have some other issue. This would help you in receiving prompt replies from members.


Mods/Admin pls split the post of Mr. Anil under a new topic.


With regards



RAKHI BUDHIRAJA


LAWYER AT BUDHIRAJA & ASSOCIATES, SUPREME COURT OF INDIA
[ Scorecard : 10755]
Posted On 31 December 2008 at 18:09 Report Abuse

Indian stamp act differ from state to state and some stamp acts clarly says that the validity shall be for 6 months and where the validity is not mentioned there is no bar to use the said stamps even afetre 6 months as held by different courts including the SC.



Kusshal Ambbala


Service
[ Scorecard : 22]
Posted On 10 July 2009 at 11:10 Report Abuse

if validity of stamp paper is 6 months, then the count starts from which date, either date of proper officer or from the date on which it is purchased from vendor?

Please guide...



Anil Agrawal


Retired
[ Scorecard : 7449]
Posted On 11 July 2009 at 11:13 Report Abuse

 State Acts can't override the Central Act.



P.Elamaran


Law Officer in a CPSU
[ Scorecard : 158]
Posted On 11 July 2009 at 18:16 Report Abuse

Dear Mr Anil

A non-judicial stamp paper that is bought on a person's name cannot be used by the another person.




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