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Agreement without Stamp can be an Evidence in Court?

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asked on Aug 13, 2010 at 17:40
by   Dandan
edited on Jan 23, 2017 at 08:08
 
An agreement without stamp by lawyer (the agreement is not done by lawyer too), but all parties have signed, CAN THIS BE AN EVIDENCE in court? I have read Malaysian Law through the internet, the revised Stamp Act 1949, Page 49 No. 52. from (www.scribd.com/.../stamp-act-1949-revised-1-January-2006).

Few days ago, my lawyer told me: even without stamp is still make no difference. May anyone advise me? Thank you.

Appreciate..
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5 Answers

answered on Aug 16, 2010 at 11:59
by   LoyerBrook
You did not mention what sort of Agreement... But,

You still can get it stamped under Section 47 of Stamp Ordinance, i.e. Stamping of Instruments after execution.

Under Section 43 sub(5a & b) and 47 sub(iii) stated: in all other cases, there shall be payable in addition to the stamp duty, a penalty of twenty-five ringgit or four times the amount of the deficient duty, whichever sum be the greater.
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answered on Sep 2, 2010 at 13:07
by   Boring
edited Jan 23, 2017 at 09:08
 
It doesn't matter what agreement/contract it is, as long as it is clearly consist item as below:-

1) Offer
2) Acceptance
3) Time
4) Intention to create legal relations
4) Consideration
5) Certainty
6) Capacity

Evidence in court even though not stamping during creation of the agreement. So just pay with penalty on stamping before go to court.
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answered on Jan 18, 2017 at 14:42
by   Vivi
How much is the penalty on stamping?
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answered on Jan 18, 2017 at 19:41
by   Anonmyous
How much is the penalty on stamping?
How thick is your bundle of documents?
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answered on Jan 19, 2017 at 05:18
by   jeff005
edited Jan 19, 2017 at 06:34
by   jeff005
CAN THIS BE AN EVIDENCE in court?
Personal opinion
Based on my personal experience on my own High Court Case (am defendant).
Under the Evidence Act (for Written Agreements), anyone can tender written private agreements (be it financial loans or even WILLS) without the need of stamping BUT the other side lawyer can always apply to court to set it aside (Bantahan). Any stamping MUST be made before the case is filed in court because the stamping is on current date and not the date where the parties have reached a written agreement years ago.

For critical and important written agreements, do send it for stamping immediately in the event of serious disputes down the winding road a few years later.
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