CWP-14974 IN THE HIGH COURT OF PUNJAB AND HARYANA (138) Kashmir Chand State of Punjab and another CORAM: Present: KULDEEP TIWARI 1. the Constitution of India directing the respondents, to emboss the Special Power of Attorney dated 01.05.2025 (Annexure P petitioner, after relaxing the requirement of furnishing a duly attested and updated copy of executant’s passport memo dated 14.09.2001 (Annexure P 2. Special Power of Attorney, is the real brother of the petitioner, and the Special Power of Attorney, was duly co which clearly ready to submit the copy of the passport of the executants, but the passport, in fact, has been expired, and he has an apprehension that the passport, the Special Power of Attorney authorities conc 14974-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Kashmir Chand Versus Punjab and another HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Kanwar Abhay Singh, Advocate for the petitioners. Mr. Pardeep Bajaj, DAG, Punjab. **** KULDEEP TIWARI, J.(ORAL) Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a directing the respondents, to emboss the Special Power of Attorney dated 01.05.2025 (Annexure P-1), executed in Doha, petitioner, after relaxing the requirement of furnishing a duly attested and updated copy of executant’s passport, as stipulated in respondent No.1’s memo dated 14.09.2001 (Annexure P-2). Learned counsel for the petitioner subm Special Power of Attorney, is the real brother of the petitioner, and the Special Power of Attorney, was duly counter-signed by the Indian Embassy, at Doha, which clearly ruled out the element of fraud ready to submit the copy of the passport of the executants, but the passport, in fact, has been expired, and he has an apprehension that the passport, the Special Power of Attorney authorities concerned. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14974-2025 Date of Decision : 22.05.2025 …Petitioner Versus ...Respondents KULDEEP TIWARI Advocate Pardeep Bajaj, DAG, Punjab. Through the instant writ petition, cast under Articles 226/227 of , a prayer is made for issuance of a mandamus, directing the respondents, to emboss the Special Power of Attorney dated , executed in Doha, Qatar, in favour of the petitioner, after relaxing the requirement of furnishing a duly attested and , as stipulated in respondent No.1’s counsel for the petitioner submits that the executants of Special Power of Attorney, is the real brother of the petitioner, and the Special signed by the Indian Embassy, at Doha, ruled out the element of fraud. He further submits that they are ready to submit the copy of the passport of the executants, but the passport, in fact, has been expired, and he has an apprehension that on account of expiry of the passport, the Special Power of Attorney, may not be embossed by the Through the instant writ petition, cast under Articles 226/227 of mandamus, directing the respondents, to emboss the Special Power of Attorney dated Qatar, in favour of the petitioner, after relaxing the requirement of furnishing a duly attested and , as stipulated in respondent No.1’s the executants of Special Power of Attorney, is the real brother of the petitioner, and the Special signed by the Indian Embassy, at Doha, ey are ready to submit the copy of the passport of the executants, but the passport, in on account of expiry of , may not be embossed by the MANPREET SINGH 2025.05.30 15:00 I attest to the accuracy and authenticity of this order/judgment CWP-14974 3. counsel for the petitioner. 4. of the provision 1899, which reads as under : 5. instrument, which is executed out of India, is required to be stamped, within a period of three months, after surfaced from the perusal of the instant petition, is that, the State of Punjab, has issued a circular of all the documents, extracted conditions : 14974-2025 This Court has heard the submissions, as made by the learned counsel for the petitioner. The necessity of requirement of embossment arises, on account of the provisions, as encapsulated under Section 18 which reads as under :- “18. Instruments other than bills and notes executed out of [India] - (1) Every instrument chargeable with duty executed only out of India, and not being a bill of exchange or promissory note, may be stamped within three months afte it has been first received in [India] (2) Where any such instrument cannot, with reference to the description of stamp prescribed therefore, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, stamp the same, in such manner as the [State Government] may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.” The study survey of the provisions ment, which is executed out of India, is required to be stamped, within a period of three months, after it has been first received in India. surfaced from the perusal of the instant petition, is that, the State of Punjab, has issued a circular dated 14.09.2001 (Annexure P all the documents, which requires the fulfillment of the hereinafter extracted conditions :- “These are again summarized as under : i) Full Address of the Executant. ii) Full Address of the person documents are to be executed. 2 This Court has heard the submissions, as made by the learned The necessity of requirement of embossment arises, on account encapsulated under Section 18 of the Indian Stamps Act, “18. Instruments other than bills and notes executed out (1) Every instrument chargeable with duty executed only out of India, and not being a bill of exchange or promissory note, may be stamped within three months afte it has been first received in [India] (2) Where any such instrument cannot, with reference to the description of stamp prescribed therefore, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the [State Government] may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay The study survey of the provisions, clearly reflects that the ment, which is executed out of India, is required to be stamped, within a first received in India. What further surfaced from the perusal of the instant petition, is that, the State of Punjab, (Annexure P-2), regarding embossment which requires the fulfillment of the hereinafter These are again summarized as under :- i) Full Address of the Executant. ii) Full Address of the person in whose favour the documents are to be executed. This Court has heard the submissions, as made by the learned The necessity of requirement of embossment arises, on account of the Indian Stamps Act, “18. Instruments other than bills and notes executed out (1) Every instrument chargeable with duty executed only out of India, and not being a bill of exchange or promissory note, may be stamped within three months after (2) Where any such instrument cannot, with reference to the description of stamp prescribed therefore, be duly stamped by a private person, it may be taken within the who shall stamp the same, in such manner as the [State Government] may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay clearly reflects that the ment, which is executed out of India, is required to be stamped, within a What further surfaced from the perusal of the instant petition, is that, the State of Punjab, embossment which requires the fulfillment of the hereinafter in whose favour the MANPREET SINGH 2025.05.30 15:00 I attest to the accuracy and authenticity of this order/judgment CWP-14974 6. outside India fulfill the following and the same 14974-2025 iii) The place of property or the place where the powers to be delegated through that document, are be exercised. iv) Clear date should be mentioned in the document at the time of the execution. v) The document should be duly signed by the executant and witnessed by two persons giving their full addresses. This should also be attested by the Notary Public with seal. vi) The paper on which the document is executed should be of the same country in which it is vii) The document to be embossed would be original and not its photo copy. viii) The document should be got embossed within three months of the date of execution at the headquarters or from Commissioners of Divisions the office of Commissioners o Divisions.” Furthermore, in order to prevent frauds on the persons residing outside India, it has now been decided that the executant fulfill the following three requirements, in addition to those mentioned and the same are extracted hereinafter :- “i) The executant must mentioned his passport number in the document and affix his photograph on the relevant document duly attested by the Authority from whom the document is got attested. ii) The document should be accompanie passport of the executant up to date duly attested. iii) In addition to (i) and (ii) above the Special Power of Attorney and General Power of Attorney must be got counter-signed from the office of the Indian High Commission or the Emba it was executed with proper identification and verification by authorized officer before it is presented for embossing to prevent forgery.” 3 iii) The place of property or the place where the powers to be delegated through that document, are be exercised. iv) Clear date should be mentioned in the document at the ment should be duly signed by the executant and witnessed by two persons giving their full addresses. This should also be attested by the Notary Public with seal. vi) The paper on which the document is executed should be of the same country in which it is executed. vii) The document to be embossed would be original and viii) The document should be got embossed within three months of the date of execution at the headquarters or from Commissioners of Divisions the office of Commissioners o n order to prevent frauds on the persons residing it has now been decided that the executant is also required to requirements, in addition to those mentioned above, i) The executant must mentioned his passport number in the document and affix his photograph on the relevant document duly attested by the Authority from whom the document is got attested. ii) The document should be accompanied with a copy of the passport of the executant up to date duly attested. iii) In addition to (i) and (ii) above the Special Power of Attorney and General Power of Attorney must be got signed from the office of the Indian High Commission or the Embassy of India in that Country where it was executed with proper identification and verification by authorized officer before it is presented for embossing iii) The place of property or the place where the powers to iv) Clear date should be mentioned in the document at the ment should be duly signed by the executant and witnessed by two persons giving their full addresses. This should also be attested by the Notary Public with seal. vi) The paper on which the document is executed should be vii) The document to be embossed would be original and viii) The document should be got embossed within three months of the date of execution at the headquarters or from Commissioners of Divisions the office of Commissioners of n order to prevent frauds on the persons residing also required to above, i) The executant must mentioned his passport number in the document and affix his photograph on the relevant document duly attested by the Authority from whom the d with a copy of the iii) In addition to (i) and (ii) above the Special Power of Attorney and General Power of Attorney must be got signed from the office of the Indian High ssy of India in that Country where it was executed with proper identification and verification by authorized officer before it is presented for embossing MANPREET SINGH 2025.05.30 15:00 I attest to the accuracy and authenticity of this order/judgment CWP-14974 7. grievance to the pet photographs, but upto date passport of the 8. material on record which is included in the cir intent to eradicate 9. Power of Attorney counter-signed by the Indian Embassy, at Doha, where the executants is residing. Even, the petitioner is ready to submit the photographs, along with photocopy of the passport Court finds the merit in the instant petition, to issue a authorities concerned, able to satisfy submission of duly 10. 11. days, from the date of receipt of certified copy of this order. May 22, 2025 Manpreet 14974-2025 The newly added aforesaid grievance to the petitioner, which requires the submission of not only the photographs, but upto date passport of the executant This Court has gone through on record, and is of the considered view that included in the circular (Annexure P intent to eradicate the element of fraud. In the instant case, the petitioner has duly executed the Special Attorney, in his favour, which accordin signed by the Indian Embassy, at Doha, where the executants is Even, the petitioner is ready to submit the photographs, along with photocopy of the passport, though it may have urt finds the merit in the instant petition, to issue a authorities concerned, to consider the case of the petitioner able to satisfy, that there is no element of fraud, he may not be insisted for submission of duly updated copy of the passport of the executant. Consequently, the instant writ petition is The aforesaid exercise, shall be days, from the date of receipt of certified copy of this order. , 2025 Whether speaking/reasoned Whether reportable 4 foresaid condition No.(ii), has caused itioner, which requires the submission of not only the executant. the entire case file, and available and is of the considered view that the condition No.(ii), cular (Annexure P-2), is inserted only with an the petitioner has duly executed the Special , in his favour, which according to the petitioner, is duly signed by the Indian Embassy, at Doha, where the executants is Even, the petitioner is ready to submit the photographs, along with , though it may have been expired, therefore, this urt finds the merit in the instant petition, to issue a mandamus, upon the to consider the case of the petitioner, and in case, he is that there is no element of fraud, he may not be insisted for copy of the passport of the executant. Consequently, the instant writ petition is disposed of. shall be concluded, within a period of 15 days, from the date of receipt of certified copy of this order. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No condition No.(ii), has caused itioner, which requires the submission of not only the the entire case file, and available condition No.(ii), is inserted only with an the petitioner has duly executed the Special the petitioner, is duly signed by the Indian Embassy, at Doha, where the executants is Even, the petitioner is ready to submit the photographs, along with this , upon the , and in case, he is that there is no element of fraud, he may not be insisted for , within a period of 15 MANPREET SINGH 2025.05.30 15:00 I attest to the accuracy and authenticity of this order/judgment