CourtMesh

Section 40: M oRTOAOJo

The Assam Stamp (Amendment) Act, 1950State Act of Assam · Act 7 of 1950

DEEO, not b eing an agreement xclaling to Deposit of Title­ deeds, Pawn or P ledge (No.6), Bottomry Bond (No.16), Mortgage of a Crop (No.41), Respondentia Bond (No.56), or Security Bond (No.57)-

(a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given ;

(b) when possession is not given or agreed to be given as aforesaid;

Explanation.-A mortgagor who gives to the mortgagee a power-of-attorney to collect rents or a lease of the property mortgaged or part thereof is deemed to give possession within the meaning of this article ;

Proper stamp-duty

(2) Thirty rupees.

Eighty rupees.

One hundred and thirty ·lupees.

The same duly as a conveyance (No.23) for a consideration equal to the amount secured by such deed.

The same duty as a Bond (No.l5) for the amount secured by such deed.

a11 (Schedule f) ll~cription ofinsltum(·nt PtopC'r stnml -dllly ( 1) (~)

(c) when a collateral or auxiliary or ndditional or substituted •;rcurity, or IJy way of fur­ ther as>uraltcr lor the ahovr mc·nt ionrcl purpose where the prim ip:>l or· primary ser111 it) ·~ duly st:~mp~:cl-f(ll c·vc·ry s ttm secured not rxcc<·clin~ Rs.l ,000 ;

and liu· e\<:ry R s. l,OOO or p;trl thercoC ~ccun:d in c·xce•;•; o l Rs.l,OUO.

ExemjJ/ ior1s ( I) Instruments CXL'<'utcd by p<.:rsuns taking advantes under the Land J mpto\'cnwn L Loans J\ct , l Wl3 (Act X l X of WH3), <•l th<' Agriculturi ,ts Lo:1ns J\ct, lUll-! (t\ct XII of IBHIJ· ), or by tht'ir surctie~ ns sc·curity ftlr the n~pa~·mcrl L of such ndvances.

(2) Letter of' ;I( C<Htl!Joll1)'iHg c h.mgc·.

hypothcca li(m a bill qf ex· 41 . .!\fonTOA()I1 or A CROP induct­ ing any instrunwn t c·videnring an ''~~n-e­ mcnt to sccnrc the trpa) nH:nt of a lu.an mnclt: upcm i1l l) mortgaw· or .l (' fop, wheth •r till' crnp is 01 i!> not in C"-isktH't> at tlw tinu. ul the mortgage-

(a) when lhc loan is r epa)'ahlc not mnrc I han 1 h rcc· rnolltlts from the dntc of tlw imtrtJ· rncntlC1r evf'ry s11m ~f'r11red not PXrr<'d­ in!{ Rs. 200 ; and (;,,. t'Vt'ry .Rs-.2(J() OJ' p :t rl t ll (' J'I!of ~CI ' lll'<'cl i 11 excr~~ nl Rs.2011 , Twelve ann:as.

Our.: n tp<'e.

'l\1<J anna.s.

Do.

318 (Schedule I) Description of instrument Proper stamp-duty

(1) (2)

(b) when the loan is repayable more than three months, but not more than eighteen months from the date of instrumentfor every sum secured not exceed- Four annas.

ing Rs.l 00 ; and for every Rs.l 00 or part thereof secured Do.

in excess of Rs.lOO.

42. NoTARIAL AcT, that is to say, Two rupees.

any instrument, endorsement, note, attestation, certificate, or entry not being a PROTEST (No.50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public.

See also Protest of Bill or Note (No.50).

43. NOTE OR MEMORANDUM, sent by a Broker or Agent to his principal intimating the purchase or sale on account of such principal-

(a) of any goods exceeding in value twenty rupees ;

(b) of any stock or marketable security exceeding in value twenty rupees but not being a Government security ;

(c) of a Government security.

44. NOTE OF PROTEST BY THE MASTER oF A smP-See also Protest by the Master of a ship (No.5 I).

ORDER FOR THE PAYMENT OF Momv-See Bill of Exchange (No. l3) .

Four annas~ Two annas for every Rs.5,000 or part thereof of the value of the stock or security.

Subject to a maximum of twenty rupees, two annas for ever Rs.IO,OOO or part thereof of the value of the security.

One rupee.

319 (Schedule T) Description of instrument

(1)

45. PARTITION-Instrument of (as defined by section 2( 15)].

Where this provision sits

ActThe Assam Stamp (Amendment) Act, 1950
Section40
Marginal noteM oRTOAOJo
JurisdictionState of Assam
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Assam Stamp (Amendment) Act, 1950 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.