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Section 2(11) of the Indian Stamp Act, 1899 defines **"duly stamped"** as applied to an instrument. According to the definition:
A{'text': 'The instrument has been printed on stamp paper of any nominal value irrespective of the duty payable under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'A'}
B{'text': 'The instrument bears an adhesive or impressed stamp of not less than the proper amount and such stamp has been affixed or used in accordance with law for the time being in force in India', 'label': 'B'}
C{'text': 'The instrument has been signed by a notary public irrespective of the duty payable under any provision of any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'C'}
D{'text': 'The instrument has been registered under the Registration Act 1908 irrespective of the duty payable under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'D'}
Answer & Solution
Correct answer: B. {'text': 'The instrument bears an adhesive or impressed stamp of not less than the proper amount and such stamp has been affixed or used in accordance with law for the time being in force in India', 'label': 'B'}
1. Section 2(11) of the Indian Stamp Act, 1899 defines "duly stamped".
2. "Duly stamped" as applied to an instrument, means that the instrument bears an **adhesive or impressed stamp of not less than the proper amount** and that such stamp has been **affixed or used in accordance with law** for the time being in force in India.
3. The lesson (per *Mt. Mewa Kunwari v. Bourey*, AIR 1934 All. 388) clarifies: the instrument is duly stamped if duly stamped at the time of execution and admissible in evidence, even if the stamp is subsequently removed or lost.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 14 (Indian Stamp Act, 1899), pp. 337-353._
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