What is meant by duly stamped ?
1. Instrument bears an adhesive or impressed stamp
2. Stamp is of Proper amount
3. Such stamp has been affixed or used in accordance with law in force in India [section 2(11)].
4. In case of adhesive stamps, the stamps have to be effectively cancelled so that they cannot be used again.
5. Similarly, impressed stamps have to be written in such a way that it cannot be used for other instrument and stamp appears on face of instrument.
6. If stamp is not so used, the instrument is treated as ‘un-stamped’.
7. Similarly, when stamp duty paid is not adequate, the document is treated as ‘not duly stamped’.