Indian_Real_Estate_Law (2)
Indian Real Estate Laws 196goods in their possession see the Madras PortTrust Act, 1905 (Madras Act 2 of 1905)." 47.As to Railway contracts, see the Indian RailwaysAct, 1890 (9 of 1890), section 72 [Ed.The Indian Railways Act, 1890 (9 of 1980) hasbeen repealed by the Railways Act, 1989 (24of 1989), sec. 200.] tc" 2. As to Railway contracts,see the Indian Railways Act, 1890 (9of 1890), section 72 [Ed. The Indian RailwaysAct, 1890 (9 of 1980) has been repealed by theRailways Act, 1989 (24 of 1989), sec. 200.]"48. See the Indian Evidence Act, 1872 (1 of1872), section 117. 49. As to lien of an agent,see section 221, infra. As to lien of a RailwayAdministration, see the Indian Railways Act,1890 (9 of 1890), section 55. [Ed. The IndianRailways Act, 1890 (9 of 1890) has been repealedby the Railways Act, 1989 (24 of 1989)See. 200. Now see the Railways Act 1989 (24of 1989, section 83.] 50. For limitation, seethe Limitation Act, 1963 (36 of 1963), Schedule1. tc" 1. For limitation, see the LimitationAct, 1963 (36 of 1963), Schedule 1." 51. Forlimitation, see the Limitation Act, 1963 (36 of1963), Schedule 1. tc" 1. For limitation, seethe Limitation Act, 1963 (36 of 1963), Schedule1." 52. Sections 178 subs. by Act 4 of1930, sec. 2, for original section 178. 53. Sections178A subs. by Act 4 of 1930, sec. 2,for original section 178. 54. See, however, theRegistration Act, 1908 (16 of 1908), section33; See also the Code of Civil Procedure, 1908(5 of 1908), Schedule I, Order III, rule 4. 55.See, however, the Registration Act, 1908 (16of 1908), section 33; See also the Code of CivilProcedure, 1908 (5 of 1908), Schedule I, OrderIII, rule 4. 56. See section 24, supra. tc"1. See section 24, supra." 57. Cf. the IndianFatal Accidents Act, 1855 (13 of 1855). tc" 1.Cf. the Indian Fatal Accidents Act, 1855 (13of 1855)." 58. Cf. the Indian Fatal AccidentsAct, 1855 (13 of 1855). tc" 1. Cf. the IndianFatal Accidents Act, 1855 (13 of 1855)."6.6 6. THE INDIAN CONTRACT ACT, 1872
7The Indian Stamp Act, 1899THE INDIAN STAMP ACT, 18991. Short title, extent and commencement.—(1) This Act may be called the IndianStamp Act, 1899. 1 [(2) It extends tothe whole of India except the State of Jammuand Kashmir: Provided that it shall not applyto 2 [the territories which, immediatelybefore the 1st November, 1956, were comprisedin Part B States] (excluding the Stateof Jammu and Kashmir) except to the extentto which the provisions of this Act relate torates of stamp-duty in respect of the documentsspecified in entry 91 of List I in theSeventh Schedule to the Constitution.] (3) Itshall come into force on the first day of July,1899. 2 Definitions. —In this Act, unlessthere is something repugnant in the subjector context,— (1) “Banker” includes a bankand any person acting as a banker; (2) “Billof exchange” means a bill of exchange as definedby the Negotiable Instruments Act, 1881(26 of 1881), and includes also a hundi, andany other document entitling or purporting toentitle any person, whether named therein ornot, to payment by any other person of, orto draw upon any other person for, any sumof money; (3) “Bill of exchange payable on demand”includes— (a) an order for the paymentof any sum of money by a bill of exchange orpromissory note, or for the delivery of any billof exchange or promissory note in satisfactionof any sum of money, or for the payment ofany sum of money out of any particular fundwhich may or may not be available, or uponany condition or contingency which may ormay not be performed or happen; (b) an orderfor the payment of any sum of money weekly,monthly, or at any other stated period; and(c) a letter of credit, that is to say, any instrumentby which one person authorizes anotherto give credit to the person in whosefavour it is drawn; (4) “Bill of lading” includesa “through bill lading”, but does not includea mate’s receipt; (5) “Bond” includes— (a)any instrument whereby a person obliges himselfto pay money to another, on conditionthat the obligation shall be void if a specifiedact is performed, or is not performed, as thecase may be; (b) any instrument attested bya witness and not payable to order or bearer,whereby a person obliges himself to pay moneyto another; and (c) any instrument so attested,whereby a person obliges himself to delivergrain or other agricultural produce to another;(6) “Chargeable” means, as applied to an instrumentexecuted or first executed after thecommencement of this Act, chargeable underthis Act, and, as applied to any other instrument,chargeable under the law in forcein 3 [India] when such instrument was executedor, where several persons executed theinstrument at different times, first executed;(7) “Cheque” means a bill of exchange drawnon a specified banker and not expressed to bepayable otherwise than on demand; 4 [***] (9)“Collector”— (a) means, within the limits ofthe towns of Calcutta, Madras and Bombay,the Collector of Calcutta, Madras and Bombay,respectively, and, without those limits,the Collector of a district, and (b) includesa Deputy Commissioner and any officer whom5 [the 6 [State Government]] may, by notificationin the Official Gazette, appoint in this behalf;(10) “Conveyance” includes a conveyance197
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7
The Indian Stamp Act, 1899
THE INDIAN STAMP ACT, 1899
1. Short title, extent and commencement.—
(1) This Act may be called the Indian
Stamp Act, 1899. 1 [(2) It extends to
the whole of India except the State of Jammu
and Kashmir: Provided that it shall not apply
to 2 [the territories which, immediately
before the 1st November, 1956, were comprised
in Part B States] (excluding the State
of Jammu and Kashmir) except to the extent
to which the provisions of this Act relate to
rates of stamp-duty in respect of the documents
specified in entry 91 of List I in the
Seventh Schedule to the Constitution.] (3) It
shall come into force on the first day of July,
1899. 2 Definitions. —In this Act, unless
there is something repugnant in the subject
or context,— (1) “Banker” includes a bank
and any person acting as a banker; (2) “Bill
of exchange” means a bill of exchange as defined
by the Negotiable Instruments Act, 1881
(26 of 1881), and includes also a hundi, and
any other document entitling or purporting to
entitle any person, whether named therein or
not, to payment by any other person of, or
to draw upon any other person for, any sum
of money; (3) “Bill of exchange payable on demand”
includes— (a) an order for the payment
of any sum of money by a bill of exchange or
promissory note, or for the delivery of any bill
of exchange or promissory note in satisfaction
of any sum of money, or for the payment of
any sum of money out of any particular fund
which may or may not be available, or upon
any condition or contingency which may or
may not be performed or happen; (b) an order
for the payment of any sum of money weekly,
monthly, or at any other stated period; and
(c) a letter of credit, that is to say, any instrument
by which one person authorizes another
to give credit to the person in whose
favour it is drawn; (4) “Bill of lading” includes
a “through bill lading”, but does not include
a mate’s receipt; (5) “Bond” includes— (a)
any instrument whereby a person obliges himself
to pay money to another, on condition
that the obligation shall be void if a specified
act is performed, or is not performed, as the
case may be; (b) any instrument attested by
a witness and not payable to order or bearer,
whereby a person obliges himself to pay money
to another; and (c) any instrument so attested,
whereby a person obliges himself to deliver
grain or other agricultural produce to another;
(6) “Chargeable” means, as applied to an instrument
executed or first executed after the
commencement of this Act, chargeable under
this Act, and, as applied to any other instrument,
chargeable under the law in force
in 3 [India] when such instrument was executed
or, where several persons executed the
instrument at different times, first executed;
(7) “Cheque” means a bill of exchange drawn
on a specified banker and not expressed to be
payable otherwise than on demand; 4 [***] (9)
“Collector”— (a) means, within the limits of
the towns of Calcutta, Madras and Bombay,
the Collector of Calcutta, Madras and Bombay,
respectively, and, without those limits,
the Collector of a district, and (b) includes
a Deputy Commissioner and any officer whom
5 [the 6 [State Government]] may, by notification
in the Official Gazette, appoint in this behalf;
(10) “Conveyance” includes a conveyance
197