| SooperKanoon Citation | sooperkanoon.com/330900 |
| Subject | Civil |
| Court | Mumbai |
| Decided On | Feb-13-1906 |
| Case Number | Civil References Nos. 10-13 |
| Judge | Lawrence Jenkins, ;K.C.I.E., C.J., ;Russell and ;Aston, JJ. |
| Reported in | (1906)8BOMLR234 |
| Appellant | In Re: Ralli Bros. |
Excerpt:
stamp act (ii of 1899), section 2(5)(c) - bond-agreement of sale between two merchants-attestation.; an ordinary agreement for a sale of cotton between two merchants, when attested by a witness, becomes a bond within the meaning of the indian stamp act 1899. - lawrence jenkins, k.c.i.e., c.j.1. the point submitted for our decision is covered by authority binding on us, (see rupchand chittarshet v. barhuvalad sukaa (1884) p.j. 257 and in conformity with the determination in that case we must hold that the document should be stamped as a bond. it may perhaps be doubted whether this consequence was contemplated when the act was passed; but we must construe the act as it stands; if amendment be needed, it must be by the legislature.
Judgment:Lawrence Jenkins, K.C.I.E., C.J.
1. The point submitted for our decision is covered by authority binding on us, (see Rupchand Chittarshet v. Barhuvalad Sukaa (1884) P.J. 257 and in conformity with the determination in that case we must hold that the document should be stamped as a bond. It may perhaps be doubted whether this consequence was contemplated when the Act was passed; but we must construe the Act as it stands; if amendment be needed, it must be by the Legislature.