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

More documents

Recommendations

Info

35. Admission of instrument where not to be questioned.Where an instrument has been admitted in evidence, such admission shall not, except asprovided in section 58, be called in question at any stage of the same suit or proceeding.on the ground that the instrument has not been duly stamped.Section 35 & Section 58The First Appellate Court held that the document was a bond the Second Appellate Courthad to confirm the lower court's order. [Jaikumar Shah v. Motilal 1972 Mah. LJ. 405.AIR 197 Bom. 27]36. Admission of improperly stamped instrumentsThe state Government may make rules providing that, where an instrument bearsa stamp of sufficient amount but of improper description, it may, on payment of the dutywith which the same is chargeable, be certified to be duly stamped, and any instrument socertified shall then be deemed to have been duly stamped as from the date of itsexecution.
37. Instruments impounded how dealt with. .(1) When the person impounding an instrument under section 33 has by law or consent ofparties authority to receive evidence and admits such instrument in evidence uponpayment of a penalty as provided by section 34 or of duty as provided by section 36, heshall send to the Collector an authenticated copy of such instrument, together with acertificate in writing stating the amount of duty and penalty levied in respect thereof, andshall send such amount to the Collector, or to such person as he may appoint in thisbehalf.1 [(2) In every other case, a person so impounding the original instrument shall prepare anauthentic copy of such instrument and where it is a true copy or an abstract referred to insection 31 or true copy referred to in section 33A, he shall send such authentic copy or,true copy or, as the case may be, an abstract to the Collector, for the purpose of takingaction on the authentic copy or a true copy or, as the case may be, an abstract as if it werethe original instrument and endorsing thereon a certificate with reference to theinstrument under clause (a) of sub-section (1) of section 39 or under sub-section (1) ofsection 41, as the case may be. On receipt of the authentic copy, the true copy or, as thecase may be, an abstract with the certificate as aforesaid endorsed thereon, the personwho had impounded the original instrument shall copy on the original instrument thecertificate endorsed on the authentic copy and shall authenticate such certificate; andwhere it is a true copy or an abstract on which the certificate as aforesaid is endorsed, theregistering officer who had forwarded the true copy or an abstract shall make appropriateentries in respect of the instrument of which it was a true copy or an abstract, in therelevant register maintained by him and on an application made in this behalf issue underhis signature a certificate to the effect that the proper duty or, as the case may be, theproper duty and penalty (stating the amount of each) have been levied in respect of thatinstrument, and the name and residence of the person paying such duty and penalty.]______________________________1. Sub-Section (2) was substitute for the original by Mah. 27 of 1985, s,23 (w.e.f. 10-12-1985)
Page 2 and 3: Constitutional Position -Law relate
Page 4 and 5: to values of property especially in
Page 6 and 7: If the documents creates an obligat
Page 8: Notification - Addition Officers fo
Page 11 and 12: Agreements entered into before 10 t
Page 13 and 14: 3. The Court was constructed severa
Page 15 and 16: and the value of in question may be
Page 17 and 18: considering the correspondence that
Page 19 and 20: eferred to in Section 47A and Rules
Page 21 and 22: includes an instrument by which a p
Page 23 and 24: 5. Instrument relating to several d
Page 26 and 27: (d)with Securities and Exchange Boa
Page 28 and 29: 2. These words were substituted for
Page 30 and 31: 3 [Provided that the clearance list
Page 32 and 33: 1 [25. How transfer in consideratio
Page 34 and 35: Provided also that, where proceedin
Page 36 and 37: (E) -Duty by whom payable30 . Dutie
Page 39 and 40: Subjective satisfaction to be on ob
Page 41 and 42: 1 [(2) (a) If any officer registeri
Page 43 and 44: 1 [Provided further that, in respec
Page 45 and 46: NotesThe section applies to eight t
Page 47 and 48: he thinks just and proper; and the
Page 49 and 50: instrument from the party and, afte
Page 51: Government or where it bears the ce
Page 55 and 56: Subjective satisfaction to be on ob
Page 57 and 58: executed, some other person was bou
Page 59 and 60: (a) the stamp on any paper inadvert
Page 61 and 62: 50. Allowance for misused stamps.(1
Page 63 and 64: (2) The Chief Controlling Revenue A
Page 65 and 66: Under sub-section (2) if the Collec
Page 67 and 68: 1 [(4) Without prejudice to the pro
Page 69: 1 [59A. No prosecution und~ section

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?