Section 1
Ins.by Bihar Act € cf 1937 (from 1.1.1938)
1. Ins.by Bihar Act € cf 1937 (from 1.1.1938)
'{(d) any instrument chargeable with duly under clause (bb) of the first proviso to section 3and brought to him after the expiration of three months from the date on which it is first received in Bihar.]
Comments & Case-law
oe Agreement — An "Agreement is document merely evidencing pre-existing
y. State of Kerala vs. MCdowell and Co. Ltd., AIR 1995 SC 1445. oe Agreement — An "Agreement is doc
liability. State of Kerala vs. MCdowell and Co. Ltd., AIR 1995 SC 1445.
Court in
y. State of Keral
The Supreme Court overruled the judgment of Patna High Court in the case of
(AIR 1983 Pat 105) and laid down that The Supreme Court overruled the judgm
Maksudan Prasad vs. Smt. Lakshmi Devi (AIR 1983 Pat 105) and laid down that
limitation does not begin to run from the date on which direction is given to pass Maksudan Prasad
limitation does not begin to run from the date on which direction is given to pass
stamped paper for passing final limitation does not begin to run from the date on which direction is given to pass
final decree. Mere giving of direction to supply stamped paper for passing final
e. Until the final decree is drawn up final decree. Mere giving of direction
decree does not amount to passing a final decree. Until the final decree is drawn up
tamped paper (s) supplied by the Parties, there is no executable decree does not amount to passing a final decree. Until
and engrossed on stamped paper (s) supplied by the Parties, there is no executable
Lokhande, AIR 1995 SC 1211.] and engrossed on stamped paper
decree. Shanker Balwant Lokhande vs. C.S.Lokhande, AIR 1995 SC 1211.]
CHAPTER IV INSTRUMENTS NOT DULY STAMPED
Examination and impounding of instruments.—(1) Every person having,
ame
(2) For that purpose every such person shall examine every instrument so
ing before him, in order to ascertain whether itis (2) For that purpose every such person shall
chargeable and so produced or coming before him, in order to ascertain whether itis
of the value and descriptidn required by the law in force in chargeable and so produced or coming before him, in order to as
stamped with a stamp of the value and descriptidn required by the law in force in
s was executed or first executed: stamped with a stamp of the valu
India, when such instruments was executed or first executed:
Provided that —
(V of 1898);
(b) in the case of a Judge of a High Court, the duty of the examining and
ment under this section may be delegated to such officer as (b) in the case of a Judge of a High Court, the duty of the
impounding any instrument under this section may be delegated to such officer as
oints in this behalf. impounding any instru
the Court appoints in this behalf.
Provided that —
(a) nothing herein contained shall be deemed to require any Magistrate or
urt to examine or impound, if he does not think fit so to do, (a) nothing herein contained shall be deemed to require any
Judge of a Criminal Court to examine or impound, if he does not think fit so to do,
nt coming before him in the course of any proceeding other than a Judge of a Criminal Court to examine or impound, if he does not
any instrument coming before him in the course of any proceeding other than a
er XII or Chapter XXXVI of the Code of Criminal Procedure, any instrument coming before him in the course of any proc
proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure,
); pro