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Start Free TrialIndian Stamp Act, 1899 Section 46
Title: Non-liability for Loss of Instruments Sent Under Section 38
State: Central
Year: 1899
(1) If any instrument sent to the Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage. (2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first-mentioned person and authenticated by the person impounding such instrument.
View Complete Act List Judgments citing this sectionThe Indian Stamp Act, 1899 Complete Act
State: Assam
Year: 1899
THE INDIAN STAMP ACT, 1899 THE INDIAN STAMP ACT, 1899 [Act, No. 2 of 1899] [27th January, 1899] PREAMBLE An Act to consolidate and amend the law relating to Stamps, WHEREAS it is expedient to consolidate and amend the law relating to Stamps. It is hereby enacted as follows: - Chapter - 1 PRELIMINARY 1. Short title, extent and commencement :- (1) This Act may be called the Indian Stamp Act, 1899. (Substituted by Act 43 of 1955, Section3, for the former sub-section w.e.f. 1-4-1956) (2) It extends to the whole of India except the State of Jammu and Kashmir: Provided that it shall not apply to (Substituted by the A.O. (No.2) 1956, for "Part B States") [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, -- .....
List Judgments citing this sectionThe Indian Stamp Act, 1899 Complete Act
State: Punjab
Year: 1899
.....CERTAIN STAMPS. 91 ACT TO BE TRANSLATED AND SOLD CHEAPLY. 92 REPEAL. 93 STAMP-DUTY ON INSTRUMENTS 94 ENACTMENTS REPEALED THE INDIAN STAMP ACT, 1899 Act No. of Year: ACT NO. 2 OF 1899 Enactment Date: [27th January, 1899.] Act Objective: An Act to consolidate and amend the law relating to Stamps. 1. Short title, extent and commencement - (1) This Act may be called the Indian Stamp Act, 1899. 2*[(2) It extends to the whole of India except the State of Jammu and Kashmir: Provided that it shall not apply to 3*[the territories which, immediately before the 1st November, 1956, were comprised in Part B Amended in U.P. by U. P. Act 10 of 1971. Amended in Haryana by Haryana Act 49 of 1971. Amended in Tamil Nadu by T. N. Act 3 of 1972. Amended in Andhra Pradesh by A. P. Act 10 of 1967. Amended in Goa, Daman and Diu by Goa, Daman and Diu Act 8 of 1969. 1*Amended in its application to the Andaman & Nicobar is kinds by Reg. 1 of 1961. (w.e.f. 21.1.1961). Amended in Rajasthan by Raj Act 14 of 1961. Amended in Madras by Mad. Act 24 of 1967. Amended in U. P. by U. P. Act 11 of 1969. Amended in Haryana by Haryana Act 16 of 1969. 2. Definitions.....
List Judgments citing this sectionIndian 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.....
List Judgments citing this sectionIndian Stamp Act, 1899 Complete Act
State: West Bengal
Year: 1899
.....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 33. Words "the Provinces" first subs, for the words "British India" by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948, then the word "States" subs, for the word "Provinces" by the Adaptation of Laws Order, 1950, and finally the word "India" subs, for the words "the States" by Act 43 of 1955, w.e.f. 1.4.1956. [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: (8)44. Clause (8) om. by the Government of India (Adaptation of Indian Laws) Order, 1937. * * * (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.....
List Judgments citing this sectionIndian Stamp Act, 1899 Chapter I
Title: Preliminary
State: Central
Year: 1899
.....before the 1st November, 1956, were comprised in Part B States] (excluding the State of Jammu and Kashmir)3[and the territories specified in sub-section (1) of Section 3 of the States Reorganisation Act, 1956] except to the extent to whic 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. ______________________ 1. Substituted by Act 43 of 1955, Section 3, for the former sub-section w.e.f. 1-4-1956. 2. Substituted by the A.O. (No.2) 1956, for "Part B States". 3. Added by A.P. Act XIX of 1959. Section 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, and includes also a hundi, and any other document entitling or purporting to entitle 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.....
View Complete Act List Judgments citing this sectionIndian Stamp Act, 1899 Section 2
Title: Definitions
State: Central
Year: 1899
.....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 authorises 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.....
View Complete Act List Judgments citing this sectionIndian Stamp Act, 1899 Chapter IV
Title: Instruments Not Duly Stamped
State: Central
Year: 1899
.....has been paid in respect of such instrument. (2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid. _______________________ 1. The words "upon application made to him in this behalf or, if no application is made, with the consent of the Chief Controlling Revenue authority" omitted by Act 4 of 1914, Section 2 and Schedule, Pt. I. Section 40 - Collectors power to stamp instruments impounded (1) When the Collector impounds any instrument under section 33, or receives any instrument sent to him under section 38; sub- section (2), not being an instrument chargeable1[with a duty not exceeding ten naye paise] only or a bill of exchange or promissory note, he shall adopt the following procedure:- (a) if he is of opinion that such instrument is duly stampeded or is not chargeable with duty, he shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be; (b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or.....
View Complete Act List Judgments citing this sectionIndian Stamp Act, 1899 Schedule I
Title: First Schedule
State: Central
Year: 1899
.....ANY HIGH COURT 27[under the Indian Bar Councils Act, 1926, or] in exercise of powers conferred on such court by Letters Patent or by the Legal Practitioners Act, 1884-- (a) in the case of an Advocate or vakil Five hundred rupees. (b) in the case of an Attorney Two hundred and fifty rupees. Exemption Entry of an advocate, vakil or attorney on the roll of any High Court when he has previously been enrolled in a High Court. 28[***] 31. EXCHANGE OF PROPERTY--Instrument of The same duty as a Conveyance (No.23) for a consideration equal to the value of the property of greatest value as set forth in such instrument. EXTRACT. See COPY (No. 24). 32. FURTHER CHARGE-- Instrument of, that is to say, any instrument imposing a further charge on mortgaged property-- (a) when the original mortgage is one of the description referred to in clause (a) of Article No. 40 (that is, with possession). The same duty as a conveyance (No.23) for a consideration equal to the amount of the further charge secured by such instrument. .....
View Complete Act List Judgments citing this sectionCentral Provinces Court of Wards Act, 1899 Part I
Title: Preliminary
State: Central
Year: 1899
.....or to enter into any contract which may involve him in pecuniary liability1[nor shall his property be liable under section 68 of the Indian Contract Act, 1872 IX of 1972] ; and no suit shall be brought in any Civil Court whereby to charge any person upon any promise made after he has ceased to be a Government ward to pay any debt contracted [or discharge any liability arising under section 68 of the Indian Contract Act, 1872, X of 1972] during the period when he was a Government ward, or upon any ratification made after he has ceased to be a Government ward of any promise or contract made during the period aforesaid, whether there is or is not any new consideration for such promise or ratification. 2[Nothing in this section shall preclude the Court of Wards from satisfying, in whole or in part as it may deem fit, any claim under section 68 of the Indian Contract Act, 1872. X of 1972] (2) Nothing in this section shall be deemed to affect the capacity of a Government ward to enter into a contract of marriage: Provided that a Government ward shall not incur, in connection with such a contract, any pecuniary liability, except such as, having regard to the personal law to.....
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