Ins. by Bihar Finance Act 11 of 2002. — THE INDIAN STAMP ACT, 1899 (2 of 1899)

2. Ins. by Bihar Finance Act 11 of 2002. may be added, deleted, or amended by the State Government by issuing a notification. may be add notification. '[ 3-A. The amount of stamp duties chargeable under the Act on all instruments, bills of exchange, cheques, promissory '[ 3-A. The amount of stamp duties chargeable under the Act on all instruments, except bills of exchange, cheques, promissory notes, bills of lading, letter of credit, policies of insurance, proxies and receipts, shall be increased in each case by an bills of exchange, cheques, promissory notes, bills of lading, letter of credit, policies of insurance, proxies and receipts, shall be increased in each case by an additional surcharge at the rate of ten percentum of the amount of the policies of insurance, proxies and receipts, shall be increased in each case by an additional surcharge at the rate of ten percentum of the amount of the stamp duties] Comments & Case-law [Recovery of dues of the State Bank Bank of India can be made under this he State Bank is an instrumenta of t can be made under this Act. The State Bank is an instrumentality of the State. Authorisation by Central Statute to State is n risation by Central Statute to State is not necessary. Entry 43 of List | of the constitution of India pertains both to recoveries of Taxes and Public D sary. Entry 43 of List | of the constitution of India pertains both to recoveries of Taxes and Public Demands within and without the respective States. Matters in the State List and Concurrent List some times overlap each other, but that does not go beyond the plenary power of the State Legislat ective tes. ters te t d ncurrent t ome imes verlap each other, but that does not go beyond the plenary power of the State Legislature. Sawar Mal Chaudhary vs. State Bank, 1986 PLJR 660: 1986 BBCJ 446. Remedies provided in statute must first be exhausted before writ jurisdiction is invoked. ibid. Where the instrument of release relates to five distinct items of property acquired at different points of time the matter comes under the purview of section 5 of the Indian Stamp Act and the instrument is chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to ane of such matters, would be chargeable under the Act, as amended by Bihar Acts of. 1937 and 1948. Suraj Narain choudhary vs. Collector of Darbhanga, 1958 BLJR 674.) Several instruments used in single transaction of sale, mortgage or settlement—(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shal.be chargeable with the duty prescribed in Schedule I, *[ or in Schedule 1A, as the case may be] for the conveyance, mortgage or settlement, and each of the other instrument shall be chargeable with a duty of §[ two rupees] *[ if the principal instrument be chargeable with the duly prescribed in Schedule 1, or with a duty of one rupee and fifty paise if the principal instrument be chargeable with the duty prescribed in Schedule 1-A, instead of the duty (if any) for such other document in Schedule 1 or Schedule 1-A, as the case may be] The parties may determine for themselves which of the instrument so Provided that the duty chargeable on the instrument so determined shall be of any of the said instrument Provided that the the highest duty which would be chargeable in respect of any of the said instrument employed. Instruments relating to several distinct matters— Any instrument Comments & Case-law impounding of Bond.— The fact that the Executant" had not produced in the

Section 2