Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

In Re: the Application of Sheshamma

Type Court Judgment Court Mumbai Decided Dec 20, 1887
~2 min read
https://sooperkanoon.com/case/332311
CiteSignal

Log in to get a daily email when new judgments cite this order.

Citation
Court
Mumbai
Judge
Decided On
Subject
Civil

Parties & Advocates

Appellant / Petitioner

In Re: the Application of Sheshamma

Legal References

Reported In
(1888)ILR12Bom276
Bonus Feature

AI Brief & Ask

Part of AI Studio: get a comprehensive 18-section AI Brief and case-scoped chat on this judgment, plus Verdict Lens, Devil's Bench, and DocMind from the AI Studio hub.

Log in to unlock AI Studio

Subscribers get structured AI Briefs and case-scoped chat. Learn more.

Excerpt

stamp act i of 1879, schedule ii, 1(b) - construction. - .....of act i of 1879, schedule ii, 1(b) 'for the immediate purpose of being used or filed in any court, or before the officer of any court.' the mere fact that it suited the convenience of the party making the affidavit to make it at sirsi, instead of going for that purpose to the court at karwar, where she purposed to file it, does not, we think, take the instance out of the words or the intention which may reasonably be imputed to the legislature.2. 'when a statute requires that something shall be done 'forthwith,' or 'immediately,' or even 'instantly,' it would probably be understood as allowing a reasonable time for doing it'-maxwell on statutes, p. 423, (2nd ed.) see toms v. wilson 32 l.j., q.b.,. 33 massey v. sladen l.r., 4 ex. 13 and forsdike v. stone l.r., 3 c.p. 607 . the last case shows that the test is whether, under the circumstances, there was such unreasonable delay as would be inconsistent with what is meant by 'immediate '. from examination of the dates we think we may infer that the purpose existed at the time the affidavit was made of filing it in the court at karwar, and that this purpose was carried out promptly., we are, therefore, of opinion that the.....

Full Judgment

1. The question depends on the construction of the words of Act I of 1879, Schedule II, 1(b) 'for the immediate purpose of being used Or filed in any Court, or before the officer of any Court.' The mere fact that it suited the convenience of the party making the affidavit to make it at Sirsi, instead of going for that purpose to the Court at Karwar, where she purposed to file it, does not, we think, take the instance out of the words or the intention which may reasonably be imputed to the Legislature.

2. 'When a statute requires that something shall be done 'forthwith,' or 'immediately,' or even 'instantly,' it would probably be understood as allowing a reasonable time for doing it'-Maxwell on Statutes, p. 423, (2nd ed.) See Toms v. Wilson 32 L.J., Q.B.,. 33 Massey v. Sladen L.R., 4 Ex. 13 and Forsdike v. Stone L.R., 3 C.P. 607 . The last case shows that the test is whether, under the circumstances, there was such unreasonable delay as would be inconsistent with what is meant by 'immediate '. From examination of the dates we think we may infer that the purpose existed at the time the affidavit was made of filing it in the Court at Karwar, and that this purpose was carried out promptly., We are, therefore, of opinion that the affidavit is exempt.


Save Judgments · Add Notes · Store Search Results · Organize Client Files

Start your Free Trial