Amolia Vs. in Re: Ibrahim Ishak

Amolia vs In Re: Ibrahim Ishak

Type Court Judgment Court Kolkata Decided Feb 04, 1919

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Citation: sooperkanoon.com/852102
Court: Kolkata
Judge: Sanderson, C.J. and ;Woodroffe, J.
Decided On: Feb 04, 1919
Subject: Tenancy;Civil

Case Summary

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

Stamp Duty - Lease--Monthly tenancy--Stamp Act (II of 1899), Section 61(1) and Schedule I, Articles 15, 35(a)(1). -

Key legal issue: Tenancy;Civil

Parties & Advocates

Appellant / Petitioner

Amolia

Respondent

In Re: Ibrahim Ishak

Legal References

Reported In: (1919)ILR46Cal804

Excerpt

stamp duty - lease--monthly tenancy--stamp act (ii of 1899), section 61(1) and schedule i, articles 15, 35(a)(1). - sanderson, c.j.1. in this case learned counsel has conceded--and i think rightly--that the tenancy was a monthly tenancy and, consequently, it comes within article 35, clause (a), sub-clause (1) of the first schedule of the indian stamp act: that is to say, 'the lease purports to be for a term of less than one year' therefore, the proper stamp-duty is the same duty as for a bond which is referred to in article 15; and, inasmuch as the amount is above rs. 50 and does not exceed is. 100, the proper stamp-duty is eight annas, as the learned judge has decided.woodroffe, j.2. i agree.

Full Judgment

Sanderson, C.J.

1. In this case learned Counsel has conceded--and I think rightly--that the tenancy was a monthly tenancy and, consequently, it comes within Article 35, Clause (a), Sub-clause (1) of the first Schedule of the Indian Stamp Act: that is to say, 'the lease purports to be for a term of less than one year' Therefore, the proper stamp-duty is the same duty as for a bond which is referred to in Article 15; and, inasmuch as the amount is above Rs. 50 and does not exceed is. 100, the proper stamp-duty is eight annas, as the learned Judge has decided.

Woodroffe, J.

2. I agree.

Same Parties Amolia vs In Re: Ibrahim Ishak Same Subject Tenancy;Civil Same Judge Sanderson, C.J. and ;Woodroffe, J.

Tenancy;Civil