Territorial jurisdiction of Stamp Paper
Querist :
Anonymous
(Querist) 09 February 2011
This query is : Resolved
Dear Sir,
This is regarding an arbitration case in which the claim is an actionable one, hence award must be on stamp paper so as to create revenue for the government. My question is , if for example, the arbitration proceedings have taken place in Bombay as per the arbitration clause, yet the award is issued in Calcutta (as it is an established principle that an award is not a part of 'proceedings' and hence even if there is a specific mention of where the arbitration proceedings are to take place in the arbitration clause/agreement, it does not imply that the award must be issued from the same place.), then in such a case, can West Bengal Stamp paper be used as opposed to Maharashtra Stamp paper even though the arbitration proceedings have been conducted within the state of Maharashtra
?
I would be grateful if anyone could give me a clear explanation of the same, and if possible support it with a case law.
Thank you
Ajay Bansal
(Expert) 10 February 2011
Any stamp paper either of Maharashtra or West Bengal is valid in this matter.
Querist :
Anonymous
(Querist) 10 February 2011
Thank you for your feedback Sir. I would be grateful if you could direct me to the provisions of the relevant statute and/or authorities or case laws supporting the same.
Regards,
Amitesh
