Commercial agreements and stamp duty

Sandesh kasabe (Querist) 17 October 2012 This query is : Resolved
Dear Sir,

1) In case of Business agreements with suppliers or retailers are not made on stampaper and instead made on Company's letter head, are they valid as evidence in the court of law in case of disputes ?

2) Is it possible to pay stamp duty at later point for the agreements made on letter head to regularise the document and to be used as evidence.

3) What are the other consequences of not making such agreements on stamp papers?

Your advise is highly appreciated!!!

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ajay sethi (Expert) 17 October 2012
what are facts of your case?

Sandesh kasabe (Querist) 17 October 2012
we have entered into agreement with various Clearing and forwarding agents on the letter head of the company to sell our company's products. so I wanted to understand in case of disputes on any terms of the agreement or breach, will such agreement on the letter head hold good in the court of law as evidence. There is no stamp duty specified under sch 1 of the Bombay stamp Act for such agreements. Do we need to still get these agreements on a stamp paper?

Appreciate your views...

Sri Vijayan.A (Expert) 18 October 2012
Normally, an agreement or a contract is formed by an offer and an acceptance.
In your case, both the offer and acceptance are in the form of letters. This is also an enforceable agreement.
However, I suggest you to have all the terms of your business in a single document (Agreement) format. This can be in a Rs.20 stamp paper.
You can pay the ten times of stamp duty as penalty, then the document is admissible. Ref.s.35a of Stamp Act

Anuj Anand (Expert) 18 October 2012
I have a small query and may be some you have the answer to it, about a month back while I was travelling late night and happened to halt my car, two persons on a motor cycle came and snatched my mobile along with some other valuable articles. I have lodged complaint with Police but they have no clue of my mobile even after putting it on surveillance (on basis of IEMI no).
When I inquired from the concerned police department I came to know that they have got Nil report from two telecom companies i.e. Idea & Aircel. When I inquired why did haven’t contacted other companies I was informed by them that its not so easy .
But there have instances where some influential people who are know to me also had lost their mobile and they say that they paid some money to police got their lost mobile traced.
can you tell me exactly how they mobiles are traced through IEMI No, please give some knowledge so that I can argue with police.
Its not that my mobile was costly but its that I want to get the culprits punished and I also want that the police should help all and not just there acquainted or influential persons.