Bare Act Search Results

Indian Stamp Act, 1899 Chapter V

Title: Allowances for Stamps in Certain Cases

State: Central

Year: 1899

.....papers has been duly paid. _____________________ 1. Inserted by Act 4 of 1914, Section 2 and Schedule, Part. I. 2. Inserted by Act 5 of 1906, Section 6. Section 52 - Allowance for misused stamps (a) When any person has inadvertently used for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty; or (b) when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of the provisions of section 13; the Collector may, on application made within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused or rendered useless. Section 53 - Allowance for spoiled or misused stamps how to be made In any case in which.....

Indian Stamp Act, 1899 Section 56

Title: Control Of, and Statement of Case To, Chief Controlling Revenue-authority

State: Central

Year: 1899

(1) The powers exercisable by a Collector under Chapter IV and Chapter V1[and under clause (a) of the first proviso to section 26] shall in all cases be subject to the control of the Chief Controlling Revenue-authority. (2) If any Collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Controlling Revenue-authority. (3) Such authority shall consider the case and send a copy of its decision to the Collector, who shall proceed to asses and charge the duty (if any) in conformity with such decision. __________________________ 1. Inserted by Act 5 of 1904, Section 7.

Indian Stamp Act, 1899 Section 57

Title: Statement of Case by Chief Controlling Revenue-authority to High Court

State: Central

Year: 1899

.....High Court of Bombay;] (2) Every such case shall be decided by not less than three Judges ofthe High Court 8 *** to which it is referred, and in case ofdifference the opinion of the majority shall prevail. ____________________ 1.Substituted by the A.O. (No. 2), 1956, for the former clauses (a) to (g). 2. Substituted by G.S.R. 1944, Gaz. Ex., Part II, Section 3(ii), Page578, dated 30-10-68. 3. Substituted by G.S.R. 7(E), Pt. II, Section 3(i), dated 2-1-74. 4. Omitted by regulation 6 of 1963, Section 2 and Schedule 5. Substituted by G.S.R. 432, Gaz. Ex., Part II, Section 31, dt.21-10-1974, for "Laccadive, Minicoy and Admindivi Islands". 6. Inserted by G.S.R. 1944, Gaz Ex., Part. II, Section 3(ii), Page 548,dated 30-10-68. 7. Inserted by Regulation 6 of 1963, Section 2 and Schedule 8. The words "Chief court or Judicial Commissioner's Court"omitted by the A.O. 1950.

Indian Stamp Act, 1899 Section 59

Title: Procedure in Disposing of Case Stated

State: Central

Year: 1899

(1) The High Court,1*** upon the hearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded. (2) The Court shall send to the Revenue-authority by which the case was stated, a copy of such judgment under the seal of the Court and the signature of the Register; and the Revenue-authority shall, on receiving such copy, dispose of the case conformably to such judgment. _____________________________ 1. The words "Chief Court or Judicial Commissioner's Court" omitted by the A.O. 1948.

Indian Stamp Act, 1899 Section 60

Title: Statement of Case by Other Courts to High Court

State: Central

Year: 1899

(1) If anyCourt, other than a Court mentioned in section 57, feels doubt as to the amountof duty to be paid in respect of any instrument under proviso (a) to section 35,the Judge may draw up a statement of the case and refer it, with his own opinionthereon, for the decision of the High Court 1 *** to which, if he were the Chief ControllingRevenue-authority, he would, under section 57, refer the same. (2) Such Court shall deal with the case as if it had been referred undersection 57, and send a copy of its judgment under the seal of the Court and thesignature of the Registrar to the Chief Controlling Revenue-authority andanother like copy to the Judge making the reference, who shall, on receivingsuch copy, dispose of the case conformably to such judgment. (3) Reference made under sub-section (1), when made by a Courtsubordinate to a District Court, shall be made through the District Court, and,when made by any subordinate Revenue Court, shall be made through the Courtimmediately superior. _____________________ 1. The words "Chief Court or Judicial Commissioner's Court"omitted by the A.O. 1948.

Indian Stamp Act, 1899 Section 58

Title: Power of High Court to Call for Further Particulars as to Case Stated

State: Central

Year: 1899

If the High Court1*** is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf. ____________________________ 1. The words "Chief Court or Judicial Commissioner's Court" omitted by the A.O. 1948.

Central Provinces Court of Wards Act, 1899 Section 5

Title: Land Holders to Be Demed Disqualified in Certain Cases

State: Central

Year: 1899

.....a detailed statement of the grounds on which it is proposed to disqualify him and has had an oppor­tunity of showing cause why such declaration should not be made. (3) No appeal shall lie against any declaration made by the District Judge under clause (c) of sub-section (i). (4) No suit shall be brought in any Civil Court in respect of any decla-ration made by the 2 [4 [State] Government] under clause (d) or clause (e) of sub-section (i).] _________________________ 1. Substituted by the Central Provinces Court of Wards (Amdt.) Act, 1929 (C. P. 5 of 1929), section 2, for the original section. 2. Substituted by the A. O. 1937 for "L.G." 3. Substituted for "provincial" by the A.D. 1950. 4. Substituted for "provincial" by the A.O. 1950.

Indian Stamp Act, 1899 Section 25

Title: Valuation in Case of Annuity, Etc.

State: Central

Year: 1899

Where an instrument is executed to secure the payment of an annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be (a) where the sum is payable for a definite period so that the total amount to be paid can be previously ascertainedsuch total amount; (b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyancethe total amount which, according to the terms of such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due; and (c) where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance the maximum amount which will or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment becomes due.

Indian Stamp Act, 1899 Section 28

Title: Direction as to Duty in Case of Certain Conveyances

State: Central

Year: 1899

.....shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified. (3) Where a person, having contracted for the purchase of an property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser the conveyance shall be chargeable with ad valorem duty in respect of the consideration for the sale by the original purchaser to the sub-purchaser. (4) Where a person, having contracted for the purchase of an property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect only of the consideration paid by such sub-purchaser, without regard to the amount or value of the original consideration; and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the.....

Indian Stamp Act, 1899 Complete Act

State: Central

Year: 1899

.....the purposes of this section, the expression "securities" shall have the meaning assigned to it in clause (h) of Section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956). SECTION 09: POWER TO REDUCE, REMIT OR COMPOUND DUTIES (1) The Government may, by rule or order published in the Official Gazette- (a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of the territories under its administration, the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, by or in favour of any members of such class, are chargeable; and (b) provide for the composition or consolidation of duties in the case of issues by any incorporate company or other body corporate4[or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bonds or other marketable securities. (2) In this section the expression "the Government" means- (a) in relation to stamp -duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies.....