Raman Chetty Vs. Nagappa Chetty

Raman Chetty vs Nagappa Chetty

Type Court Judgment Court Chennai Decided Sep 16, 1915

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Citation: sooperkanoon.com/816005
Court: Chennai
Judge: Sadasiva Aiyar and ;Phillips, JJ.
Decided On: Sep 16, 1915
Subject: Civil

Case Summary

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

Stamp Act (II of 1899), Section 44, scope of - Stamp duty and penalty--Joint-executants--Contribution. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Raman Chetty

Respondent

Nagappa Chetty

Legal References

Reported In: AIR1916Mad672; 31Ind.Cas.285

Excerpt

stamp act (ii of 1899), section 44, scope of - stamp duty and penalty--joint-executants--contribution. - 1. we think that section 44 of the stamp act was intended to give a right to an innocent party, who himself was not guilty of any default in the matter of the proper stamping of a document, to recover the duty or penalty he was obliged to pay, from the person or persons guilty of the default and that it was not intended to enable one of several persons, who were under a common duty to pay the proper stamp in proportionate shares, to claim recovery of the proportionate amount of the duty or penalty the whole of which he was afterwards obliged to pay owing to the common default. in this view, it is unnecessary to consider the question of limitation, and we dismiss the letters patent appeal with costs.

Full Judgment

1. We think that Section 44 of the Stamp Act was intended to give a right to an innocent party, who himself was not guilty of any default in the matter of the proper stamping of a document, to recover the duty or penalty he was obliged to pay, from the person or persons guilty of the default and that it was not intended to enable one of several persons, who were under a common duty to pay the proper stamp in proportionate shares, to claim recovery of the proportionate amount of the duty or penalty the whole of which he was afterwards obliged to pay owing to the common default. In this view, it is unnecessary to consider the question of limitation, and we dismiss the Letters Patent Appeal with costs.

Same Parties Raman Chetty vs Nagappa Chetty Same Subject Civil Same Judge Sadasiva Aiyar and ;Phillips, JJ.

Civil