The
provisions of The Karnataka Stamp Act, 1957 concerning judgment on stamps are
as below;
Adjudication on proper stamps
Section
31(1) once any instrument, whether or not executed or not and whether or not
previously sealed or not is dropped at the Deputy Commissioner, and also the
person transfer it applies to possess the opinion of that officer on the duty
(if any) with that it's indictable, and pays a fee of (one hundred rupees) the
Deputy commissioner shall confirm the duty (if any) with that, in his judgement,
the instrument is indictable.
(2) For this
purpose the Deputy commissioner might need to be supplied with an abstract of
the instrument, and additionally with such instrument or different proof as he
might hold necessary to prove that everyone the facts and circumstances moving
the chargeability of the instrument with duty or the quantity of the duty with
that it's indictable are totally and actually set forth in this, and will
refuse to proceed upon any such application, till such abstract and proof are
furnished accordingly:
Provided
that –
a)No proof
furnished with in pursuance of this section shall be used against a person in
any civil continuing except in any enquiry on the duty with that the instrument
to that it relates is chargeable; and
b)Every
person by whom any such proof is furnished with, shall on payment of the
complete duty with that the instrument to that it relates, is chargeable, be
eased from any penalty that he might have incurred below this Act by reason of
the omission to state actually in such instrument any of the facts or
circumstances aforesaid.
Certificate by Deputy Commissioner:
Section32(1) once an instrument brought to the Deputy Commissioner below section
thirty one, is in his opinion, one among an outline indictable with duty, and
a) The
Deputy Commissioner determines that it's already totally sealed.
b)The duty
determined by the Deputy Commissioner below section thirty one, or such a add
as, with the duty already paid in respect of the instrument, is adequate the
duty therefore determined, has been paid, the Deputy Commissioner shall certify
by endorsement on such instrument that the complete duty (stating the amount)
with that it's indictable has been paid.
(2)When such
instrument is, in his opinion, not indictable with duty, the Deputy
Commissioner shall certify in manner aforementioned that such instrument isn't
therefore indictable.
(3) Subject
to any orders created below Chapter VI, any instrument upon that an endorsement
has been created below this section shall be deemed to be punctually sealed or not indictable with duty, because the case might be; and, if indictable with duty,
shall be owed conspicuous or otherwise, and will be acted upon and registered
as if it had been originally stamped:
Provided
that nothing during this section shall authorize the Deputy Commissioner to
endorse-
a)Any
instrument executed or initial executed in India and dropped at him once the expiration
of 1 month from the date of its execution, or initial execution, because the
case might be;
b)Any
instrument executed or initial executed out of India and dropped at him once the
expiration of 3 months once it's been initial received within the State of Karnataka; or
c)Any
instrument indictable with a requirement not surpassing fifteen paise or a
mortgage of crop (Article thirty five (a) of the Schedule) indictable below
clause (a) or (b) of section three with a requirement of twenty-five paise,
once dropped at him, once the execution thence, on paper not punctually sealed.
d)Any
instrument indictable with a requirement not exceeding fifteen paisa or a
mortgage of crop indictable below clause of section three with a requirement of
twenty 5 paise,when dropped at him, once the execution thence on paper not
punctually sealed.
More,
No comments:
Post a Comment