Family settlement -- Not required to be stamped. (Stamp Act, 1899, Ss.2(15), 2(24))...........
Stamp Act, Section 35, 2 -- Photostat copy of unstamped receipt - Cannot be validated by payment of penalty as it is only the original which if unstamped or insufficiently stamped can be validated by payment of stamp duty and penalty and if original is lost penalty cannot be levied...........
Pronote -- Additional stamp of `Refugee Relief' not affixed - Held, promote not to bear `Refugee Stamp' - If a pronote was otherwise valid, the same could not be thrown out of the ground of not bearing `Refugee Stamp'...........
Pronote -- If not duly stamped is inadmissible in evidence. (Stamp Act 1899, S. 35)...........
Stamp -- Determination of the month & year - Held, to determine the real controversy between the parties, the document should be sent to Government Press, Nasik for determination of the month and year of the revenue stamps affixed thereon...........
Stamp Act, Section 36 -- Agreement to sell - Suit for specific performance - Plea that agreement is not properly stamped - Cannot be raised for the first time in appeal...........
Specific Relief Act, 1963, Section 16 -- Readiness & willingness - plaintiff on the stipulated date came to the office of Sub Registrar with the balance sale consideration amount - regarding money for purchase of stamp paper no question put to plaintiff-Held, plaintiff having not been questioned whether he has funds for purchase of stamp paper, it was unnecessary for him..........
Stamp Act, Section 2(22), 11, 10, 35; -- Schedule I, Art.49, Stamp Rules, 1925, Rr.5 and 13 - promissory note - stamps - impressed and adhesive stamps - promissory note written on impressed paper in the eye of law is to be taken as duly stamped - there is nothing in law which requires that promissory note should be executed only by using adhesive stamps...........
Specific Relief Act, 1963, Section 16(c) -- Words "readiness" and 'willingness" - Have different connotations in law-Readiness includes financial ability to pay remaining purchase price and cost of stamp duty - Merely because plaintiff averred in plaint and stated during evidence that he was ready and willing to perform contract-Does not establish financial capability to..........
Document - - Signatures, affixation of - Last sheet of agreement of sale not signed - Of no consequence in law - A signature is writing or otherwise affixing a person's name or a mark to represent his name, by himself or by his authority with intention of authenticating a document as being that of or as binding on person whose name or mark is so written or affixed -..........
