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In Re: Ralli Bros.

Type Court Judgment Court Mumbai Decided Feb 13, 1906
~1 min read
https://sooperkanoon.com/case/330900

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Citation
Court
Mumbai
Judge
Decided On
Case Number
Civil References Nos. 10-13
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Stamp Act (II of 1899), Section 2(5)(c) - Bond-Agreement of sale between two merchants-Attestation.; An ordinary agreement for a sale of cotton between two merchants, when attested by a witness, becomes a bond within the meaning of the Indian Stamp Act 1899. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: Ralli Bros.

Legal References

Reported In
(1906)8BOMLR234

Excerpt

stamp act (ii of 1899), section 2(5)(c) - bond-agreement of sale between two merchants-attestation.; an ordinary agreement for a sale of cotton between two merchants, when attested by a witness, becomes a bond within the meaning of the indian stamp act 1899. - lawrence jenkins, k.c.i.e., c.j.1. the point submitted for our decision is covered by authority binding on us, (see rupchand chittarshet v. barhuvalad sukaa (1884) p.j. 257 and in conformity with the determination in that case we must hold that the document should be stamped as a bond. it may perhaps be doubted whether this consequence was contemplated when the act was passed; but we must construe the act as it stands; if amendment be needed, it must be by the legislature.

Full Judgment

Lawrence Jenkins, K.C.I.E., C.J.

1. The point submitted for our decision is covered by authority binding on us, (see Rupchand Chittarshet v. Barhuvalad Sukaa (1884) P.J. 257 and in conformity with the determination in that case we must hold that the document should be stamped as a bond. It may perhaps be doubted whether this consequence was contemplated when the Act was passed; but we must construe the Act as it stands; if amendment be needed, it must be by the Legislature.

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