Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Jayanta Bandyopadhyay   08 February 2022

Non judicial stamp paper for international trade contract

Our co is regd at Mumbai. We are entering into a contract with Germany based company for our Kerala and Silvassa Union Territory plants.

It is a remote service maintenance contract and non disclosure Agreement, as it involves data migration-integration-retrieval in-between India and Germany on site calibration measurement data.

Which type of stamp paper to be used say Rs.100 non judicial stamp paper? But they are in Germany and whether international jurisdiction will accept such stamp paper.

Kindly suggest any other agreement for such trade and services. It involves equipment plus software 

 



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 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 February 2022

Whether in India or in Germany, the agreement is executed? 

Jayanta Bandyopadhyay   09 February 2022

We require your guidance. Actually, we as importer are signing on stamp paper and will send it to Germany for their signature

 Both sides to keep one copy

I am having doubt about whether such action will stand legal scrutiny at London Court,  in case of dispute.

Pl guide

Real Soul.... (LEGAL)     09 February 2022

Originally posted by : Jayanta Bandyopadhyay

We require your guidance. Actually, we as importer are signing on stamp paper and will send it to Germany for their signature Both sides to keep one copyI am having doubt about whether such action will stand legal scrutiny at London Court,  in case of dispute.Pl guide

Dear ,if you are executing a contract or NDA  there is certainly a clsue about  choice of law and jurisdiction of courts or arbitration, However you are drafting it in India , it is advised to draft on Non-Judicail paper of value Rs100/-  The agreement is between parties when they garee upon terms and conditions and sign as acceptance then it is biding whether stamp paper is of India or Europe is just no bar .

SHIRISH PAWAR, 7738990900 (Advocate)     09 February 2022

Hello,

You can exexute the documents in India using Indian stamp according to your contract. Other party can have another copy of agreement. The documents executed will be legal and valid anywhere in the world. 

Jayanta Bandyopadhyay   09 February 2022

Can we ask Germany exporter to make it as per their jurisdictional regulation additionally  and get it notarized.

Adv.Asgher Mahdi (Advocate)     13 February 2022

Yes international jurisdiction is well accepted herein india where the place of business are carrying. Yes, it attracts stamp duty of Rs.200/- or more. Please check up the respective states where the contact is executing.

Jayanta Bandyopadhyay   13 February 2022

Sir

 

Our 2 plants in Kerala and Silvassa to execute contract with Germany's Ascona and its Indian associates in Mumbai. So 3 different states in India and one Germany,,all are Principal parties to this agreement. To protect importer" s interest, should we prepare 4 sets as per respective jurisdiction stamp papers acts and execute among 4 parties.

Thanks in advance


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