Stamp Paper has Validity...Yes...!!!
Meetesh Shiroya
As per Section 52 B(a) of The Bombay Stamp Act 1958, prescribed the period of six months from the date of purchase of Stamp Paper or delivery of Stamp Paper after which the Stamps become invalid and it can’t be used after that.
This time period of six months is also quantified under the, The Bombay Stamp (Gujarat Amendment Act) 200, under Section 52C which is applicable in Gujarat also.
None of the other State Stamp Acts has such provision to limit the validity of Stamps and Stamp Papers.
In the case of Thiruvengada Pillai vs Navaneethammal & Anr
passed on 19 February, 2008 by the bench Bench: R V Raveendran, P.
Sathasivam (2008 (4) SCC 530). The Hon’ble Supreme Court said that, *“The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a Stamp paper.*
However, in *Bombay and Gujarat State, since there is conflict
between Central Act and State Act, then vide Article 254, I believe
Central Act will prevail.*
As per Article 254 of Constitution, if there is any conflict between
State law and Union law, the Union law prevails but if we concentrate logically
and practically as we have discussed above things we can say that, the
State Law will prevail over the Union Law.
Since long, people of State of
Gujarat and Maharashtra was used to or think that the Validity of Stamp
Paper is Six Month Period as per the Bombay Stamp Act, 1958 though
legally it is not valid in the Eyes of Law but practically and
logically it is valid in the Eyes of Law. So we can said that as Per
Provisions of Indian Stamp Act, 1839 and as per the Supreme Court
Judgment, there no validity of Stamp Paper on Paper, but in actual the
Validity of Stamp Paper is Six Months Practically off paper especially
in the State of Gujarat and Maharashtra. This trend continue at presently also in the State of Gujarat and Maharashtra.
For more details go through the below link.....
http://taxguru.in/corporate-law/stamp-paper-validityyes.html
santhosh kumar
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meetesh...@gmail.com
As per Section 52 B(a) of The Bombay Stamp Act 1958, prescribed the period of six months from the date of purchase of Stamp Paper or delivery of Stamp Paper after which the Stamps become invalid and it can’t be used after that.
This time period of six months is also quantified under the, The Bombay Stamp (Gujarat Amendment Act) 200, under Section 52C which is applicable in Gujarat also.
It is Clearly mentioned the Validity of Stamp Paper, so you can't said that the Stamp Paper has no Validity and also once go through the Article you understand the logic behind this.