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Home Bare Acts Phrase: section 38 of the stamp actKARNATAKA STAMP ACT, 1957 Section 38
Title: Deputy Commissioner's power to refund penalty paid under sub-section (1) of Section 37
State: Karnataka
Year: 1957
38.1[Deputy Commissioner]'s power to refund penalty paid under sub-section (1) of Section 37 (1) When a copy of an instrument is sent to the1[Deputy Commissioner] under sub-section (1) of Section 37, he may, if he thinks fit, refund any portion of the penalty in excess of five rupees which 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, the1[Deputy Commissioner] may refund the whole penalty so paid. ________________________ 1. Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the expression "Collector"
View Complete Act List Judgments citing this sectionIndian Stamp Act, 1899 Section 38
Title: Instruments Impounded, How Dealt with
State: Central
Year: 1899
(1) When the person impounding an instrument under section 33 has by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by section 37, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf. (2) In every other case, the person so impounding an instrument shall send it in original to the Collector.
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 72
Title: Application of the Indian Stamp Act, 1899
State: Karnataka
Year: 1957
.....in respect of documents specified in entry 91 of List I of the said Schedule. (2) Save as provided in sub-section (1), the Indian Stamp Act, 1899 (Central Act II of 1899), as in force in the Bombay area, Coorg District and the Madras area, in so far as it relates to the matter specified In entry 44 of List III of the Seventh Schedule to the Constitution in respect of documents, falling under entry 63 of List II of the said Schedule, is hereby repealed: Provided that such repeal shall not affect,- (a) the previous operation of the said enactments or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. .....
View Complete Act List Judgments citing this sectionTamil Nadu Stamp Act, 2013 Complete Act
State: Tamil Nadu
Year: 2013
.....times, first executed; (5) "Chief Controlling Revenue Authority"means the officer appointed under sub-section (1) of Section 3 of the Registration Act, 1908 (Central Act XVI of 1908) to be the Inspector General of Registration or any person authorised by the Government to exercise all or any of the power of the Chief Controlling Revenue Authority under that Act; (6) "clearance list"means a list of transactions relating to contracts required to be submitted to the Clearing House of an association in accordance with the rules or bye-laws of the association; (7) "Collector"means the Collector of a district and includes any officer specifically appointed by the Government to perform the functions of the Collector under this Act; (8) "conveyance" includes" (a) a conveyance on sale; (b) every instrument; (c) every order made by the High Court under Section 394 of the Companies Act, 1956 (Central Act 1 of 1956) in respect of amalgamation or reconstruction of companies; and (d) every order made by the Reserve Bank of India under Section 44A of the Banking Regulation Act, 1949; by which property, whether movable or immovable or any interest in any property is transferred inter vivos and.....
List Judgments citing this sectionRepresentation of the People Act, 1951 Section 38
Title: Publication of List of Contesting Candidates
State: Central
Year: 1951
.....(1), the candidates shall be classified as follows, namely:-- (i) candidates of recognised political parties; (ii) candidates of registered political parties other than those mentioned in clause (i); (iii) other candidates. (3) The categories mentioned in sub-section (2) shall be arranged in the order specified therein and the names of candidates in each category shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed].] ______________________ 1. Substituted by Act 27 of 1956, Section 21, for section 38. 2. Substituted by Act 21 of 1966, Section 8, for sub-section (2) w.e.f. 1-8-1996.
View Complete Act List Judgments citing this sectionIndian 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 sectionIndian Stamp Act, 1899 Complete Act
Title: Indian Stamp Act, 1899
State: Central
Year: 1899
.....payment, etc. to be charged Section25 - Valuation in case of annuity, etc. Section26 - Stamp where value of subject-matter is indeterminate Section27 - Facts affecting duty to be set forth in instrument Section28 - Direction as to duty in case of certain conveyances Section29 - Duties by whom payable Section30 - Obligation to give receipt in certain cases Chapter III Section31 - Adjudication as to proper stamp Section32 - Certificate by Collector Chapter IV Section33 - Examination and impounding of instruments Section34 - Special provision as to unstamped receipts Section35 - Instruments not duly stamped inadmissible in evidence, etc. Section36 - Admission of instrument where not to be questioned Section37 - Admission of improperly stamped instruments Section38 - Instruments impounded, how dealt with Section39 - Collectors power to refund penalty paid under section 38, sub-section (1) Section40 - Collectors power to stamp instruments impounded Section41 - Instruments unduly stamped by accident Section42 - Endorsement of instruments on which duty has been paid under section 35, 40 or 41 Section43 - Prosecution for offence against Stamp-law Section44 -.....
List Judgments citing this sectionPromissory Notes (Stamp) Act, 1926 [Repealed] Complete Act
Title: Promissory Notes (Stamp) Act, 1926 [Repealed]
State: Central
Year: 1926
Preamble1 - PROMISSORY NOTES (STAMP) ACT, 1926 Section1 - Short title and extent Section2 - Validation of certain promissory notes Repealing Act1 - FINANCE ACT, 2006
List Judgments citing this sectionKarnataka Stamp Act, 1957 Complete Act
Title: Karnataka Stamp Act, 1957
State: Karnataka
Year: 1957
.....payment, etc., to be charged Section 26 - Valuation in case of annuity, etc. Section 27 - Stamp where value of subject-matter is indeterminate Section 28 - Facts affecting duty to be set forth in instrument Section 28A - [Omitted] Section 28B - [Omitted] Section 29 - Direction as to duty in case of certain conveyances Section 30 - Duties by whom payable Chapter III Section 31 - Adjudication as to proper stamps Section 32 - Certificate by Deputy Commissioner Chapter IV Section 33 - Examination and impounding of instruments Section 34 - Instruments not duly stamped inadmissible in evidence, etc Section 35 - Admission of instrument where not to be questioned Section 36 - Admission of improperly stamped instruments Section 37 - Instruments impounded how dealt with Section 38 - Deputy Commissioner's power to refund penalty paid under sub-section (1) of Section 37 Section 39 - Deputy Commissioner's power to stamp instruments impounded Section 40 - Instruments unduly stamped by accident Section 41 - Endorsement of instruments on which duty has been paid under Section 34, 39 or 40 Section 42 - Prosecution for offence against stamp law Section 43 - Persons paying.....
List Judgments citing this sectionIndian Stamp Act, 1899 Section 39
Title: Collectors Power to Refund Penalty Paid Under Section 38, Sub-section (1)
State: Central
Year: 1899
(1) When a copy of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit1*** refund any portion of the penalty in excess of five rupees which 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.
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