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THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

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Government or where it bears the certificate of the Collector as provided by section 32 orany other provision of this Act;l [(e) noth<strong>in</strong>g here<strong>in</strong> conta<strong>in</strong>ed shall prevent the admission of a copy of any <strong>in</strong>strument orof an oral admission of the contents of any <strong>in</strong>strument, if the stamp duty or a deficientportion of the stamp duty and penalty as specified <strong>in</strong> clause (a) is paid.]Merely because the award has been made on the sheet of paper with impressedstamp of Rs. 100 issued <strong>in</strong> the name of the firm of the respondent, a party to thereference, the said Award is made neither <strong>in</strong> contravention of the section 34 of theBombay Stamp Act as amended [by Maharashtra Tax Laws (Levy and Amendment) Act,1994] nor is <strong>in</strong>admissible <strong>in</strong> evidence nor <strong>in</strong>valid nor bad <strong>in</strong> law. By and large it is alwaysan obligation of either of the parties to the reference to arbitration and preferably of theparty <strong>in</strong> whose favour the award is to be made to furnish the stamp paper or requisitevalue to: the arbitrators or umpire, as the case may be, for mak<strong>in</strong>g the award thereon.This hav<strong>in</strong>g been done, there is no <strong>in</strong>firmity <strong>in</strong> the procedure followed by the Arbitrator<strong>in</strong> mak<strong>in</strong>g the said award. In any event, this cannot be a ground for sett<strong>in</strong>g aside the saidAward under the provision of section 30 of the Act. (Municipal Colporation of GreaterBombay v. Girijashankar R. S<strong>in</strong>gh AIR 1996 Born 36/).________________________________1. Clause (e) was added, by Mah. 27 of 1985, S 22 (c), (w.e.f 10-12-1985).

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