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

Subjective satisfaction to be on objective factors -It is important to note that subjective satisfaction of authorities to reach a decision toreach a reasonable belief has to be on objective factors. Forming of opinion by merefollowing of guidelines by Government is not enough as Government Guidelines cannotcontrol quasi judicial decision –1996 15 CC 609 State of Punjab v. Mahabir Singh. Thecase has arisen under Punjab Stamp Act, 1987 under section 47A as amended.40. Instruments unduly stamped by accident.If any instrument chargeable with duty and not duly stamped, not being an instrumentchargeable with a duty of twenty naye paise or less is produced by any person of his ownmotion before the Collector within one year from the date of its execution or firstexecution, and such person brings to the notice of the Collector the fact that suchinstrument is not duly stamped and offers to pay to the Collector the amount of the properduty, or the amount required to make up the same, and the Collector is satisfied that theomission to duly stamp such instrument has been occasioned by accident, mistake orurgent necessity he may instead of proceeding under sections 33 and 39, receive suchamount and proceed as next hereinafter prescribed.41. Endorsement of instruments on which duty has been paid under section 34, 39or 40.(1) When the duty and penalty (if any) leviable in respect of any instrument 1[(not beingany instrument referred to in sub-section (1) of section 32-A)], have been paid undersection 34, section 39 or section 40, the person admitting such instrument in evidence, orthe_______________________1. These brackets, words, figures and letter were inserted by Mah. 16 of 1979, s. 10,(w.e.f 4-7-1980).