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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1 [(4) Without prejudice to the provisions of section 58, no Court shall take action underthis section, -(a) where the <strong>in</strong>strument has already been impounded or a penalty is levied <strong>in</strong> respectthereof under clause (a) of the proviso to section 34; or(b) <strong>in</strong> the case to which section 35 applies.]58. Revision of certa<strong>in</strong> decisions of Courts regard<strong>in</strong>g the sufficiency of stamps.(1) When any Court <strong>in</strong> the exercise of its civil or revenue jurisdiction or any Crim<strong>in</strong>alCourt <strong>in</strong> any proceed<strong>in</strong>g 2[ under Chapter IX or Part D of Chapter X of the Code ofCrim<strong>in</strong>al Procedure 1973,] makes any order admitt<strong>in</strong>g any <strong>in</strong>strument <strong>in</strong> evidence as dulystamped or as not requir<strong>in</strong>g a stamp, or upon payment of duty and a penalty under section34, the Court to which appeals lie from, or references are made by, such first-mentionedCourt may, of its own motion or on the application of the Collector, take such order <strong>in</strong>toconsideration.(2) If such Court, after such consideration is of op<strong>in</strong>ion that such <strong>in</strong>strument should nothave been admitted <strong>in</strong> evidence without the payment of duty and penalty under section34, or without the payment of a higher duty and penalty than those paid, it may record adeclaration to that effect, and determ<strong>in</strong>e the' amount of duty with which such <strong>in</strong>strumentis chargeable, 3 [and may require,-(i) the party or person concerned to make the payment of the proper duty or the amountrequired to make up the same, together with a penalty under section 34, or payment of ahigher duty and penalty than those paid, to itself or to the Collector; and(ii) any person is whose possession or power such <strong>in</strong>strument then is, to produce thesame, and may impound the same when produced.](3) When any declaration has been recorded under sub-section (2), the Court record<strong>in</strong>gthe same shall send a copy thereof to the Collector, and, where the <strong>in</strong>strument to which itrelates has been impounded or is otherwise <strong>in</strong> the possession of such Court, shall alsosend him such <strong>in</strong>strument.4 [(3A) When the duty and penalty leviable <strong>in</strong> respect of any <strong>in</strong>strument <strong>in</strong> accordancewith the declaration made under sub-section (3) and required to be paid thereunder arepaid to the Court or to the Collector, then the Court or, as the case may be, the Collectorshall certify by endorsement thereon that the proper duty and penalty, stat<strong>in</strong>g the amountof each, have been le-vied <strong>in</strong> respect of such <strong>in</strong>strument, and the name and residence ofthe person pay<strong>in</strong>g the same._______________________________________1. Sub-section (4) was added by Mah. 27 of 1985, s. 38, (w.e.f 10-12-1985).2. These words, figures and letter were substituted for the words and figures "underChapter XII or Chapter XXXVI of the, Code of Crim<strong>in</strong>al Procedure, 1898", by Mah. 27of 1985, s. 39(a), (w.e.f 10-12-1985).3. This portion was substituted for the portion beg<strong>in</strong>n<strong>in</strong>g with the words "and mayrequire" and end<strong>in</strong>g with the words "the same who produced". by Mah. 27 of 1985, s.39(b), (w.e.f 10-12-1985).4. Sub-section (3A) and (38) were <strong>in</strong>serted, by Mah. 27 of 1985, s. 39 (c), (w.e.f 10-12-1985).