Stamp Duties Act 1929 · 2021 Revised Edition · Part 6 · Time of Stamping Instruments
50. Suit for recovery of duty, etc., by Commissioner
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Despite the provisions of any other written law, all duty and penalty required to be paid under this Act may be sued for by way of a specially endorsed originating claim.
duty
“duty” means any stamp duty for the time being chargeable under this Act or any other Act;
The Commissioner may, in his or her own name, sue for any such duty or penalty and is entitled to all costs allowed by law against the person liable thereto.
Commissioner
“Commissioner” means the Commissioner of Stamp Duties appointed under this Act;
The Commissioner may appear personally or by counsel in any suit instituted under this section.
In any suit under this section, the production of a certificate signed by the Commissioner giving the name and address of the defendant and the amount of duty or penalty due by the defendant is sufficient evidence of the amount so due and sufficient authority for the court to give judgment for that amount.
Any penalty required to be paid under this Act is recoverable as if it were duty due and payable under this Act and accordingly, section 6(4) of the Limitation Act 1959 does not apply to such penalty.