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In Re: Reference Under Stamp Act, Section 46

Type Court Judgment Court Chennai Decided Dec 07, 1894
~1 min read
https://sooperkanoon.com/case/788534

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Citation
Court
Chennai
Judge
Decided On
Subject
Civil

Case Summary

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

Stamp Act - Act I of 1379, Section 51--Spoiled stamp--Accidental injury to stamp. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: Reference Under Stamp Act, Section 46

Legal References

Reported In
(1895)ILR18Mad235

Excerpt

stamp act - act i of 1379, section 51--spoiled stamp--accidental injury to stamp. - 1. the reason for making an allowance for a spoiled stamp under section 51 is that the stamp has become unfit for use, but in this case the stamp was not rendered unfit for use by punching, for the court itself engrossed upon the paper the deed for which the stamped paper was presented. we are of opinion that the deputy collector was in error in treating the document as unstamped.

Full Judgment

1. The reason for making an allowance for a spoiled stamp under Section 51 is that the stamp has become unfit for use, but in this case the stamp was not rendered unfit for use by punching, for the Court itself engrossed upon the paper the deed for which the stamped paper was presented. We are of opinion that the Deputy Collector was in error in treating the document as unstamped.

Continue Your Research

Same Parties In Re: Reference Under Stamp Act, Section 46 vs Same Subject Civil Same Judge Arthur J.H. Collins, Kt. C.J.,; Muttusami Ayyar and ;Parker, JJ.
Civil

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