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In Re: Reference Under Act No. I of 1879 (Indian Stamp Act), Section 49

Type Court Judgment Court Allahabad Decided Dec 31, 1969
~1 min read
https://sooperkanoon.com/case/447280

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Citation
Court
Allahabad High Court
Judge
Decided On
Subject
Banking

Case Summary

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

Act No. I of 1879, (Indian Stamp Act), Section 8, Sub-section (4), Clause (b)--Stamp-Bond--Promissory note. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. CJ, P.V. Hardas, Naresh H. Patil, R.M. Borde & R.M. Savant, JJ] Jurisdiction of S...

Key legal issue
Banking

Parties & Advocates

Appellant / Petitioner

In Re: Reference Under Act No. I of 1879 (Indian Stamp Act), Section 49

Legal References

Reported In
(1895)ILR17All211

Excerpt

act no. i of 1879, (indian stamp act), section 8, sub-section (4), clause (b)--stamp-bond--promissory note. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board. teacher employed in the school run by cantonment board being covered under rule 2 (f) of the cantonment fund servants rules, 1937 can file appeal under rules 13, 14 and 15 to authorities provided therein against any order imposing any penalties etc. [deolali cantonment board v usha devidas dongre, 1993 mah. lj 74; 1993 lab ic 1858 overruled]. -- maharashtra employees of private schools (conditions of service) regulations act, 1978 [act no. 3/1978]. sections 9 & 2(21): jurisdiction of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or state board. thus as far as the first part of the definition of being.....orderjohn edge, kt., c.j. and mahmood and knox, jj.1. the case reported in i.l.r. 10 mad. 158, does not apply to the facts of this case. the document in this case is not in our opinion 'attested by a witness' within the meaning of clause (b) of sub-section (4) of section 3 of act no. i of 1879. what is said to be an attestation is merely a statement in writing by the scribe of the document that the document was correct and was written by his pen. we therefore answer the question referred to us by saying that the document in question cannot be treated as a bond as denned in clause (b) of sub-section (4) of section 3 of act no. i of 1879.

Full Judgment

ORDER

John Edge, Kt., C.J. and Mahmood and Knox, JJ.

1. The case reported in I.L.R. 10 Mad. 158, does not apply to the facts of this case. The document in this case is not in our opinion 'attested by a witness' within the meaning of Clause (b) of Sub-section (4) of Section 3 of Act No. I of 1879. What is said to be an attestation is merely a statement in writing by the scribe of the document that the document was correct and was written by his pen. We therefore answer the question referred to us by saying that the document in question cannot be treated as a bond as denned in Clause (b) of Sub-section (4) of Section 3 of Act No. I of 1879.

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