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In Re: Reference Under Stamp Act, Section 46

Type Court Judgment Court Chennai Decided Aug 09, 1892
~1 min read
https://sooperkanoon.com/case/775763

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Citation
Court
Chennai
Decided On
Subject
Civil

Case Summary

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

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Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: Reference Under Stamp Act, Section 46

Legal References

Reported In
(1892)2MLJ178

Excerpt

- 1. as the persons are unconnected and have no common interest in joint property, we are of opinion that separate powers of attorney must be executed. in ref. case no. 21 of 1891, (the judgment of the full bench in ref. case no. 21 of 1891 is as follows .--' we are of opinion that the document is a power of attorney and must be stamped with a five rupees stamp.') the subject matter of the agency was one in which the executants had a joint interest.2. it follows that separate documents should be executed by each of the individuals referred to in para 7 of the reference.

Full Judgment

1. As the persons are unconnected and have no common interest in joint property, we are of opinion that separate powers of attorney must be executed. In Ref. Case No. 21 of 1891, (The judgment of the Full Bench in Ref. Case No. 21 of 1891 is as follows .--' We are of opinion that the document is a power of attorney and must be stamped with a five Rupees stamp.') the subject matter of the agency was one in which the executants had a joint interest.

2. It follows that separate documents should be executed by each of the individuals referred to in para 7 of the Reference.

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