Legal Question in Wills and Trusts in India

Re: Stamp Act

Generally judicial stamp paper is used for court cases and non judicial for other documentation like affidavits, Poa, agreements etc.

Re: Stamp Act

Judicial Stamp Paper is meant only for judicial purposes such as filing of suit. It is also termed as court fee whereas non-judicial stamp paper means paper for conveyancing such as sale deed, power of attorney etc.

Re: Stamp Act

This is an academic question. You may better state your problem for an appropriate answer.

Re: Stamp Act

Court fee is either paid through judicial stamps (like postal stamps) or through papers printed with judicial stamps for the purpose of filing petitions etc. in courts.

However, stamp duty to be paid on execution of any document is paid through non-judicial stamp papers, which are also papers printed with stamps.

So it is the purpose which distinquishes them.

Re: Stamp Act

Judicial and non-judicial stamp papers both are issued by court with a certain validity period & purpose mentioned at the back of stamp paper.

If a person or a community gives a guarantee, say for a certain performance of work on judicial stamp to the 2nd party and if he didn't perform that work. Then to forfeit the guarantee amount given by 1st party, the 2nd party has to request to Court and the court will actually forfeit the amount and provide it to the 2nd party. It will not be the case if the guarantee will be on non-judicial stamp paper. In the second case the sufferer (2nd party) simply forfeits the guarantee amount from the 1st party's bank without concerning court or even 1st party itself and it will be a legal action.