2000 (11) TMI 1258 - SC - Indian Laws

Summary

Issues:
Impounding a power of attorney executed outside India and presented in India for use in Supreme Court proceedings.

Analysis:
1. Interpretation of Stamp Act Sections: The case revolves around the interpretation of Sections 3(c), 11, 18, 32, and 42 of the Stamp Act, 1899. The power of attorney executed outside India but presented in India for use in the Supreme Court proceedings triggers the applicability of stamp duty under the Indian Stamp Act, as per Section 3(c.

2. Impounding and Penalty: The court previously impounded the power of attorney and levied a penalty along with stamp duty. The petitioner agreed to pay the required stamp duty and penalty. The maximum fee payable for a power of attorney, as per Article 48 of Schedule I of the Stamp Act, was determined to be &8377; 10. The court directed the petitioner to deposit &8377; 110 in the treasury, and upon payment, the document would be endorsed and admitted in evidence under Section 42(1) of the Stamp Act.

3. Recall of Order: A subsequent application was filed by the respondent to recall the earlier order, arguing that the power of attorney was produced beyond three months from its execution outside India. However, the court rejected this argument, citing precedents from the High Court of Allahabad and the Delhi High Court, which allow impounding and levying stamp duty even after three months from execution if the document is produced as evidence.

4. Endorsement and Return of Document: The stamp duty and penalty were paid as directed by the court, and the Registrar endorsed the payment under Section 42(1) of the Stamp Act. The original power of attorney was produced in court and subsequently returned to the petitioner for daily business use, with a certified copy retained on record for future proceedings.

In conclusion, the judgment clarifies the procedures for impounding and levying stamp duty on a power of attorney executed outside India but presented in India for legal proceedings, emphasizing the importance of adherence to the Stamp Act provisions and timelines for document submission and payment of duties.