It was at this time that the State of Maharashtra introduced the e-SBTR (e-SBTR) system, which provided for “stamping” facilities by authorized banks, which also reduced administrative costs. In this case, it was found that if an application under Sections 11 (4) to 11 (6) of the 1996 Act is pending before a court and appears to be a compromise clause in an unstamped agreement, the court is invited by the provisions of the Indian Stamp Act to refer the agreement first and to see that the stamp tax and penalty (if any) is paid. before the agreement as a whole, can be exchanged, including the compromise clause. It was also decided that the agreement applies to the whole agreement and that the compromise clause cannot be branched out in order to give it an independent existence for limited purposes. Therefore, the introduction of Section 11 6A empty of the 2015 Act would not in any way repeal the SMS Tea Estates services that are still in effect. It`s not true. Maharashtra, Gujrat and Rajasthan have amended the law to clarify that the mark will not be valid if it is not used within 6 months. Pls. Read section 52 B, 52 C – 63 B of this law. SMS Tea Estates had taken into account the mandatory provisions of the Indian Stamp Act and found them applicable to judicial authorities, which would include the Supreme Court and the High Courts acting under Section 11 of the 1996 Act. This means that, if it has been established that the document has not been properly stamped, Section 35 of the Indian Stamp Act prohibits the action document, including the compromise clause it contains.
The document should be seized and then processed in accordance with the provisions of the Stamps Act. In the case of Thiruvengada Pillai vs Navaneethammal – Anr handed over by the bank on 19 February 2008: R V Raveendran, P. Sathasivam (2008 (4) SCC 530). The Hon`ble Supreme Court stated: “The Indian Stamp Act, 1899 does not impose an expiration date for the use of stamp paper. Section 54 simply provides that a person who has a stamp paper for which he or she has no direct use (who is not corrupt or unfit or unusable) can claim a refund of the value by handing it over to the collector, provided it was purchased within six months of the date it was abandoned. In accordance with Sections 2 and 3 to 10 Indian Contract Act, an agreement may be oral or written. There is no need for a written contract. There are no restrictions or conditions imposed by the Indian Contracts Act for the performance of a stamp paper agreement. The complainant challenged the Bombay High Court judgment in the first place on the grounds that sections 33 and 34 of the Maharashtra Stamp Act 1958 (Maharashtra Stamp Act), which were similar to the provisions of the Indian Stamp Act viz Sections 33 and 35, required the judicial authorities to seize instruments that cannot be admitted into evidence and which can be exchanged to the appropriate seal.
Referring to the report of the 246th Justice Commission, the complainant submitted that the introduction of Section 11 (6A) by the 2015 Act was necessary following two previous Supreme Court decisions in SBP – Co/Patel Engineering Ltd (2005) 8 SCC 618 (SBP – Co) and National Insurance Coance Ltd/Boghara Polyfab (P) Ltd. , (2009) 1 CCS 267 (Boghara Polyfab) and not because of SMS Teas Estates which remains intact. You can use it to execute a new agreement or some other purpose for what you bought. If the agreement requires a stamp paper of a higher value, this stamp paper can also be used by adding another (new) stamp paper for the rest of the amount.