(c) If a person agrees to pay grain or other agricultural produce to another person in writing and attested by another witness, such document is also called a bond.
6) 'Chargeable': means 'chargeable' in pursuance of this Act on a document made after the coming into force of this Act or made principally.
Similarly means imposed on a document under any other law in India. In that order, in cases where the same document was written by several people, at different times, the first . ("Chargeable" means as applied to an instrument executed or first executed after the commencement of this Act, and, as applied to any other instrument, chargeable under the law in force in (India) when such instrument was executed or, where several persons executed the instrument at different times, first executed).
Commentary
For the purposes of this clause 'imposed' means a document or documents on which stamp duty has been levied. Because not all documents or papers need to pay stamp duty. For example we all know that no stamp duty is payable on wills. At the same time, stamp duty is payable on certain types of documents and documents under some other statutes. This clause is to be interpreted and construed accordingly.
(7) 'Cheque' A check is a bill of exchange drawn on a particular banker so that payment is made immediately upon demand.
Commentary
Like promissory note, bill of exchange, 'cheque' is also a negotiable instrument. Further explanation on 'cheque' is available in 'Law of Negotiable Instruments' translated by this commentator.
9) 'Collector' (Collector): Those mentioned below are also collectors.
(a) In respect of the cities of Calcutta, Madras, and Bondai, the Collectors of the respective cities. Collectors of respective districts in respect of other areas. (and)
(b) Deputy Commissioners and other officers appointed by the State Government by Gazette notification in this regard,
Commentary
This Act has given powers to the District Collectors to levy penalty, confiscate and take possession of certain types of documents. This clause enables the delegation of such powers to Deputy Collectors, Revenue Divisional Officers, Deputy Commissioners, Registrars etc. under this Act.
10) Conveyance: Conveyance means transfer of rights either by sale, or by any other document, or by a degree or final order of a civil court, or by an order of the High Court in cases of amalgamation of companies under section 394 of the Companies Act. Thus succession of rights may be in respect of immovable property. Or it may be in respect of inheritance, or any estate or inheritance of right in any property. However, Schedule 1 or Schedule 1(a) through 2 . ("Conveyance" includes a conveyance on sale, every instrument and every decree or final order of any Civil Court, (every order made by the High Court under Section 394 of the Companies Act, 1956 in respect of amalgamation or merger of companies), by which property, whether movable or immovable, or any estate or interest
in any property is transferred to, or vested in or declared to be of any other person,
intervivos, and which is not otherwise specifically provided for by Schedule I or Schedule I-
A, as the case may be,
Description
(1) : A co-owner of a property may by document convey his interest in the said property to another co-owner. If the said document is not a deed of partition, for the purposes of this clause, the transfer of the said property shall be deemed to be intestate. (An instrument whereby a co-owner of any property transfers his interest to another co-owner of the property and which is not an instrument of partition, shall, for the purposes of this clause, be deemed to be an instrument by which property is transferred intervivos).
Explanation (2) : A partner transfers his interest (share) in a partnership to another partner or partners.
May have changed. Or the partner, in order to transfer other business investments of his, may have transferred to his co-partner or partners as above. For such cases also 6 . (An instrument whereby a partner transfers his share in the property of the partnership business to another partner or to other partners, whether separately or together with transfer of other business assets on retirement or dissolution or whereby contributes to the capital of the partnership firm by transferring his right and title to, or interest in any property, is for the purpose of this clause an instrument by which property is transferred).
Commentary
This clause is very complex. At the same time stamp duty is highly valued in respect of payment. Also. Only in cases where the property, or the right to the property, is transferred from one person to another in pursuance of this clause, stamp duty shall be payable depending on the nature of the transfer or order concerned (sale, exchange, lease, gift, etc.). Similarly transfer of right, release of right, or registration is different. (Conveyance is different from release or settlement). 1 does not fall below the transfer. Mainly transfer of property or transfer of rights (Conveyance). Intervivos 106 150 1. (Hindustan Lever Vs. State or Maharashtra, AIR 2004 SC 326-2004(9) SCC 438),
State of Uttaranchal Vs. M/s. Khurana Brothers and Others 2010(14) SCC 334 = AIR 2011
SC 224.
(Explanation on the complex subject of Contract of Sale and agreement ot sale is available in this judgment).
11) Duly Stamped: An adhesive or impressed stamp for the amount of stamp duty payable as per the law in force for the time being in respect of a document or document.
12) Written, and written (executed and execution) and written means writing or signing. Written in relation to documents
Commentary
The words executed or execution do not have a specific Telugu translation. Execution under Order 21 of the Code of Civil Procedure means execution of decrees. But this clause shows that the meaning is different under this Act. Stamp duty is payable only when a document is signed by the person concerned. While technically this is true, in practice it may be otherwise. In case of documents requiring registration,
Stamp duty can also be paid at the time of registration. Whether stamp duty has been duly paid or not
At the time of registration the registrar should check. This means that execution is not merely a signature,
It also means the time of registration. The person who wrote the document can also sign it. (State of
Rajasthan and other Vs. M/s Khandaka Jain Jewellers 2007 (14) SCC 339-AIR 2008 SC 509).
12-a) Deleted.
13) Impressed Stamp The following are also considered as Impressed Stamps:
(a) labels affixed and impressed by the concerned officer and
(b) Stamps embossed or engraved on stamp paper.
(c) impression by franking machine or any other as notified in the Official Gazette by the Central Government or the State Government;
machine) (Andhra Pradesh amendment of this clause).
Commentary
There are many types of stamps, some types of stamps are similar to postal stamps. Put them on white papers
Can be attached. Some stamps are printed with their value. Franking mission and other missions have recently become available. This saves paper.
13-a) India: India means the remaining territory of India except Jammu and Kashmir.
14) Instrument creating, curtailing, restricting, extending any right or obligation,
. ("Instrument" includes every document
by which any right or liability is, or purports to be, created, transferred, limited, extended
extinguished or recorded).
Commentary
'Instrument' means a device or tool. But regarding this law
'Instrument' shall mean a paper or document. But by that document or document
Confirmation, waiver, etc. of any right or liability. This clause does not apply to documents which do not relate to such rights and obligations. This is noteworthy. The following judgments are helpful for a comprehensive understanding of the scope of this clause:
State of U.P. Vs. Vam Organic Chemicals Ltd., 2010 (6) SCC 222.
Karnataka Power Transmission Corporation Vs. Ashok Iron works (P) Ltd., 2009 (3) SCC
240-AIR 2009 SC 1905.
Gopikrishna Trivedi Vs. Sudha Prasad Ojha 2008 (9) SCC 401 = AIR 2009 SC 355.
15) Instrument of partition: A document, document or deed written by the co-owners of a property agreeing to partition or partition the property between them. Similarly, final order issued by any revenue authority or civil court in relation to partition, order issued by arbitrator directing partition, memorandum written in relation to partition in the past are also considered as deed, document or document of partition.
16) Lease: Lease means lease of immovable property. In that order the following are also considered rents.
(2) ໖ (flap).
(b) 'Kabuliyat' or any other written document. There should be an agreement in that document to use the immovable property for agriculture, to occupy and pay rent or rent (a kabuliyat or other undertaking in writing not being a counterpart of a lease, to cultivate, occupy or pay or deliver rent for immovable property).
(c) any instrument by which tolls of any description are let.
(d) any writing on an application for a lease intended to signify that the application is granted.
Commentary
Everyone knows what 'Kaulu' means as an agricultural term. We all know that rent is the payment of a certain sum or grain in return for the cultivation of a field belonging to one person and cultivated by another person. The owner of the farm is called the landlord and the tenant is called the 'Kaulu Rythu' or the tenant. But the scope of the word 'clause' in relation to this Act is very wide. A close look at this clause will make this clear. Apart from agriculture, the term rent applies to all kinds of goods, implements and many kinds of services. A kind of lease can also be thought of as rent. In that order, the agreement entered into for the purpose of collecting tax also comes under lease and stamp duty is also payable on that agreement. (State of Uttarakhand Vs. Harpal Singh Rawat 2011 (4) SCC 575 = AIR 2011 SC 1506). Since income and revenue are important for governments, the scope of lease has been widened in that order. In a sense, the government says 'whatever profit or benefit you have, some of it will be mine'. The following judgments are helpful for further understanding of the scope of this clause.
Godrej and Boyce MFG Co. Ltd., Vs. State of Maharastra 2014 (3) SCC 430 = AIR 2014 SC
1946.
Tata Teleservices Ltd., Vs. State of U.P. and other AIR 2009 (NOC) 857.
New Bus Stand Shop Owners Association Vs. Corporation of Kozhikode and other 2009
(10) SCCC 455.
NOIDA Vs Army Welfare Housing Organisation 2010 (9) SCC 354.
(16-a) Marketable Security: A security (by whatever name called) which can be sold on the stock market either in India or in Britain.
17) Mortgage deed A mortgage deed is a document that conveys the right of a person to a specific property in connection with the execution of a certain property in connection with obtaining a loan, or an existing debt, or future debt, or any contract. ("Mortgage-deed" includes every instrument whereby, for the purpose of securing money advanced or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement one person transfers, or created, to or in favor of another, a right over or in respect of specified property).
Commentary
We all know that mortgage is a form of guarantee. A mortgage is when a person takes out a loan, pledging an asset as security for the repayment of the loan. The borrower is the borrower, the lender is the lender, and when the borrower is unable to pay the debt, the lender can collect his debt through the secured property. The contract document for this is the mortgage deed, mortgages are of many types. Further explanation on mortgages, written by this commentator in “Property
found in Transfer Act”.
18) Paper: Vellum, parchment etc. suitable for writing a document
. ("Paper" includes vellum parchment or any other material on which an
instrument may be written).
19) Policy of Insurance: The term policy of insurance applies to the following:
(a) A written document in which the recipient of the premium agrees to bear (pay) an unforeseeable and unforeseeable loss to the payee in return for the payment of the premium.
(b) Life insurance, and insurance against accidents, illnesses, and other forms of personal insurance.
19-a) Policy of group insurance Insurance for 50 or more persons, or such number as may be prescribed by the Central Government, is called a policy of group insurance. Such insurance may be general insurance. Or may be related to a specific topic. Under this insurance the employer, or the employer and the employees jointly, have to pay the premium to the insurance company. In return, the insurance company accepts life insurance for all or a class of employees (excluding the employer). In that order the insurance company may or may not require medical examination of the respective employees. Insurance amount will be paid as per terms of employment and insurance plan. (However, there is no room for personal preference in choosing an insurance plan. ("Policy of group insurance" means any instrument covering not less than fifty or such smaller number as the Central Government may approve, either generally or with reference to any particular case, by which an insurer , in consideration of a premium paid by an employer or by an employer and his employees jointly, engages to cover, with or without medical examination, and for the sole benefit of persons other than the employer, the lives of all the employees or of any class of them, determined by conditions pertaining to the employment, for amounts of insurance based upon a plan which precludes individual selection).
Commentary
Clauses 19 and 19-A deal with insurance. King 19, applies to personal life insurance, general insurances (in respect of vehicles, shops, godowns etc.). Clause 19-A deals with group insurance. This type of insurance is exclusively limited to employees. All insurances are contracts of some kind.
20)
(Policy of Sea Insurance of Sea Policy):
(a) Marine insurance covers ships, boats, machinery, other equipment and goods belonging to such ship or boat. Such insurance is called marine insurance. (means any insurance
made upon any ship or vessel (whether for marine or inland navigation), or upon the
machinery, tackle or furniture of any ship or vessel, or upon any goods, merchandise
or property of any description whatever on board of any ship or vessel, or upon the
freight of, or any other interest which may be lawfully insured in or relating to any
ship or vessel).
(b) Marine insurance extends from the time the carriage commences to the point of destination, not only when the goods on board a ship or vessel are in sea waters. (translation), (includes any insurance of goods, merchandise or property for any transit which includes not only a sea risk within the meaning of clause (a), but also
any other risk incidental to the transit insured from the commencement of the transit
to the ultimate destination covered by the insurance.
Where any person in consideration of any sum of money paid or to be paid, for
additional freight or otherwise, agrees to take upon himself any risk attending goods,
merchandise or property of any description whatever while on board of any ship or
vessel, or engages to indemnify the owner of any such goods, merchandise or property
from any risk, loss or damage, such agreement or engagement shall be deemed to
be a contract for sea-insurance).
commentary
This clause deals with water transport. Notwithstanding the heading of this clause, this clause applies not only to carriage by sea but also to carriage by inland waterways.
21) Power of attorney: A written instrument by a person authorizing another person to act on his behalf (subject to the laws for the time being in force regarding court fees
No fee shall be payable).
Commentary
A power of attorney is a well-known term that needs no further explanation. There are two types of Power of Attorney namely General Power of Attorney and Special Power of Attorney (GPA and SPA), whichever is the Power of Attorney, stamp duty is paid and register is required.
22) Promissory note: Promissory note means a promissory note as defined under the Negotiable Instruments Act. (besides)
A promissory note is also a written document promising to pay some specified amount from a specific fund. (The fund may or may not be available). Similarly a promissory note is a written promise to pay a certain amount upon condition or contingent event. (That ambiguous event may or may not happen). (It also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen).
Commentary
Section 4 of the Negotiable Instruments Act defines promissory note as follows. "A promissory note is a written instrument written by a person agreeing to pay a specified sum unconditionally to a specified person or to the person to whom the person orders or to the holder of the document".
23) Receipt: The following shall be considered as receipt.
(a) accepting as his receipt any money or bill of exchange or check or promissory note. A receipt is called. (or)
(b) any debt under resolution shall be a receipt if he acknowledges in writing that he has received any asset. (or)
(c) Any debt shall be acknowledged in writing as paid in whole or in part. (or)
(d) Acceptance of anything shall also be deemed to be receipt.
24) Settlement or declaration, or determination (Settlement): A written statement (other than a will) by a person regarding a determination or decision whether the statement is in respect of an estate or an estate. Similarly the declaration may be in relation to a trust or any other matter. But the statement should be related to the following points.
(a) May be in relation to marriage. (or)
(b) a person may be in connection with the transmission of his property among the members of his family, or in connection with the bequeathing of such property to his favorite person or dependent (or)
(c) may be for any religious or charitable need,
Moreover, a written agreement regarding the above points is also considered as a settlement. In case there is no written arrangement in respect of the above matters, a declaration made in respect of setting up a trust or any other matter shall also be treated as a settlement within the scope of this clause.
Commentary
This clause is also complex. Settlement means irrevocably, definitively. This is also known as filing. Once a deed has been written and registered in respect of any property, it can be returned to u. not No withdrawal is allowed. Withdrawal is possible only through court. This is also the main difference between Will and Deed. A gift deed is also similar to a registration deed in a way. However, two are not one. Both have some difference. In fact, there is great controversy over whether a document is a deed, a will, or a gift. However, the common point that everyone agrees on is not the title of the document. The contents of that document are critical. For example, even if a document is termed as a will, if it is written in such a way that it cannot be changed or revoked during his lifetime, then the document is not considered as a will. A document is considered a deed. The following judgments will help in further understanding of this issue.
Subbegowda Vs. Thimmegowda 2004(9) SCC 734 = AIR 2004 SC 2428.
S.N. Mathur Vs. Board of Revenue and others 2009 (13) SCC 301.
(25) Soldier: Persons appointed as soldiers under the Indian Army Act. (All those below the rank of Non-Commissioned Officer).
(26) Stamp The emblem, sign or endorsement of an agency or person authorized by the State Government to levy stamp duty under this Act shall also be deemed to be a stamp. In that order, adhesive stamp and impression stamp are also stamps. ("Stamp" means any mark, seal or endorsement by any agency or person duly authorized by the State Government, and includes and adhesive or impressed stamp, for the purposes of the duty chargeable under this Act).
Commentary
As explained earlier, the impact of the advanced technological revolution also affected the Stamp Act. Traditional paper stamps have been replaced by new types of stamps and seals. In this context this clause was inserted by the Seed Act, 2004.
