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CHAPTER V MODE OF LEVYING FEES

Section 40: Stamping documents Inadvertently received

The Gujarat Court-fees Act, 2004

How current this text is

Text as published by India Code for the Government of Gujarat (Legislative and Parliamentary Affairs Department print, as modified up to 31 January 2024), with amendments up to Guj. 14 of 2016.

The marginal notes printed beside the clauses of section 6 and beside the second paragraph of section 34 are shown as small headings above the clause they label.

No documents which ought to bear stamp under this Act shall be of any validity, unless and until it is properly stamped.

But, if any such document is through mistake or inadvertence received, filed or used in any Court or office, without being properly stamped, the presiding Judge or the Head of the Office, as the ease may be, or in the case of the High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and, or such document being stamped accordingly, the same and every proceeding relative thereto shall be valid as if it had been properly stamped in the first instance.

Questions on this section

1 question in 2 of our papers cite Section 40. Try these from the free papers:

  1. 1. A document which ought to bear a court-fee stamp is, through mistake, received and filed in a Civil Court without being properly stamped. Under Section 40 of the Gujarat Court-fees Act, 2004:

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