Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

P.Elamaran (Law Officer in a CPSU)     19 September 2008

Stamp paper bought in other States

Dear brainy friends,

Can a non-judicial stamp paper bought in one state be used in another state for execution of some legal documents.

I am looking forward to see all your esteemed opinion on the above query.



 7 Replies

N.K.Assumi (Advocate)     20 September 2008






Dear P.Elamaran,


                There is a clear distinction between Court fees and Non Judicial stamp paper. Under the stamp act, there are different rates of fees varying from one state to another state, but there is no provisions that Non judicial stamp paper purchased in one state can not be used in another state, nor I have come across any cases where the court gave a ruling to this effect. But there is one old case decided by the Delhi High Court. In that case the Delhi high court was seized with a matter under the Court fees act, and the Court held “unless there is a specific bar in the court fees act or any statutory rules lawfully framed against the use of the court fee stamps purchased by a citizen in the union of India, I do not find any legal justification for depriving a citizen from using those stamps in a State other than that of the purchased State. Thus I do not find any reasons why the same should not be applied with the Stamp Act. More over, instrument partially executed in India intended to be effective in England is liable to Indian stamp, if so, I am of the view that Non Judicial stamp paper purchased in one state can be used in another state, unless there is a specific bar to such use by any statutory rules of the State.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 September 2008

The Indian Stamps Act, 1899 section 17 reveals Instruments executed in India:- All instruments chargeable with dutyand executed by any person in India shall be stamped before or at the time of execution.

SHEKHAR MISHRA (public servant)     21 September 2008

Dear  p. Elamaran,


As    per   the    Indian    stamp   act  1899,  there   is    no    bar    in   using    a  non-judicial     stamp    paper    purchased   in    other    state.

ca.bhupendrashah (FCADISA)     26 September 2008

yes

prof s c pratihar (medical practitioner &legal studies)     27 September 2008

stamped means stamp  has been affixed or used in accordance with law for the time being in force in india(s 2,stmp act 2 of 1899).non judicial does not come within this perview and no bar to be used in other states.

sumedh   16 July 2018

Sir, could you please name the abovementioned Delhi High Court judgment?

Ritu (Company Secretary)     22 July 2021

Does this apply for Commercial Leave and License agreement as well? Property is in Mumbai, while Co has a registered office in Delhi. Can we purchase stamp paper in Delhi for execution of leave and license agreement for the property in Mumbai?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query