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Section 29 of the Court Fees Act 1870 - Amended Document

Section 29 of the Court-Fees Act, 1870 deals with a document that is amended only to correct a mistake and bring the document into conformity with the original intention of the parties. In that limited situation, the section provides that a fresh stamp is not necessary.

Text of Section 29 - Amended document

Section 29. Amended document. Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.

Meaning and scope of Section 29

The provision prevents a fresh court-fee stamp from being required where the amendment is merely corrective. The statutory conditions are important: the amendment must be made only to correct a mistake and must make the document conform to what the parties originally intended.

Accordingly, Section 29 is directed at a corrective amendment rather than a substantive alteration creating a materially different document or transaction. Whether a particular amendment falls within Section 29 depends on the nature and purpose of the amendment and the applicable court-fee law.

Key requirements

For the central provision in Section 29 to apply, the document must be one contemplated by the preceding provisions, the change must merely correct a mistake, and the correction must bring the document into conformity with the original intention of the parties. When those statutory requirements are satisfied, the section states that a fresh stamp need not be imposed.

Relationship with Sections 28 and 30

Section 28 concerns documents that have been inadvertently received, filed or used without being properly stamped. Section 29 then addresses a corrective amendment to such a document. Section 30 deals with cancellation of stamps on documents requiring a stamp under the Act.

Current legal reference

The official central text of the Court-Fees Act, 1870 published on India Code continues to reproduce Section 29 in this form. Court fees are also affected by State amendments and State court-fee legislation, so the law applicable in the relevant State or Union Territory should be checked before relying on the central text alone.

Official Court-Fees Act, 1870 - India Code

Legal note: This page explains the central provision. State amendments, local court-fee statutes, rules and notifications may alter the position in a particular jurisdiction.