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Anil Agrawal (Retired)     01 January 2009

Bombay Stamps Act 1958

In Bombay, court fee stamps are stamped with a date stamp and all authorities, including courts, hold that the stamp is valid only for a period of s6 months from the date of issue. Is it the legal position or a tradition has been adopted without any valid reason?


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 5 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     01 January 2009

MR. ANIL,


In one of the most recent Decision, our APEX COURT held as follows:



The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in Section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document.



YOU CAN FURTHER SEE THE DETAIL JUDGMENT IN ATTACHED FILE


Attached File : 0 indian stamp act - 1899 - in the supreme court of india.doc downloaded: 737 times

Anil Agrawal (Retired)     01 January 2009

 Thanks for your advice. Why the court fee stamps are stamped with date stamps and courts donot accept them if they are used after 6 months from the date of purchase. There is nothing in the Bombay Stamp Act laying down that the stamps sold by vendors must carry the date stamps.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 January 2009

thanx for very useful judgement.

Anil Agrawal (Retired)     05 January 2009

 Dear Sir


My query still remains. The judgement is about stamp papers. Does it apply to to court fee stamps also.


Anil

DEVENDRA (LAWYER)     02 August 2009

There is no expiry date for court fees stamp.

In Maharashtra, amendment is made in bombay stamp act regarding general stamps.


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