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Jaikumar Shivlal Shah and ors. Vs. Motilal Hirachand Gandhi and anr.
Mumbai
Apr-28-1971
Civil
Negotiable Instruments Act, 1881 - Sections 4 and 13; Stamp Act, 1899 - Sections 2(5), 2(22) and 36; Bombay Stamp Act, 1958 Sections 35 and 58
AIR1973Bom27; (1972)74BOMLR174; ILR1972Bom816; 1972MhLJ405
it is payable to a certain person, and thus satisfies all the requirements of Section 4 of the Negotiable Instruments Act, 1881.5. Before I proceed to discuss these rival contentions, it is necessary to refer to one fact and it … being admitted in evidence by the lower appellate Court rightly or wrongly, in view of the provisions of Section 35 of the Bombay Stamp Act, 1958, this Court will have no alternative but to confirm the decree and
Tag this Judgment! AI Brief & Askthenappa Chettiar Vs. Andiyappa Chettiar
Chennai
Nov-09-1970
Commercial
Stamp Act - Sections 2(22) and 35 - Schedule - Article 49; Negotiable Instruments Act, 1881 - Sections 4, 5 and 19; Evidence Act - Sections 91
AIR1971Mad290
note in Section 2(22) of the Stamp Act is:"Promissory note' means a promissory note as defined by the Negotiable Instruments Act, 1881.It also includes a note promising the payment of any sum of money out of any particular fund which … that of a Bill of Exchange for Rs. 15000 and the promissory note would be insufficiently stamped. Under Section 35 of the Stamp Act, it cannot be validated by payment of the deficit duty or penalty, in view
Tag this Judgment! AI Brief & AskSankaran Sankaran Namboori Vs. Mathai Abraham
Kerala
Jun-23-1972
Commercial
Negotiable Instruments Act, 1881 - Sections 4; Code of Civil Procedure (CPC) , 1908 - Sections 115; Kerala Stamp Act - Sections 35
AIR1973Ker22
case, I direct the parties to bear their respective costs. Commercial - promissory note - Section 4 of Negotiable Instruments Act, 1881, Section 115 of Code of Civil Procedure, 1908 and Section 35 of Kerala Stamp Act - undertaking in document
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M/S Wolstenholme International Ltd. Vs. TwIn Stars Industrial Corporat ...
Mumbai
Mar-05-2001
Civil
Indian Stamp Act, 1899 - Sections 2(2), 2(3), 33, 35, 37, 38, 38(1), 38(2), 40, 42 and 61- Schedule - Article 13; Code of Civil Procedure (CPC), 1908 - Order 8, Rule 5 - Order 12, Rule 6 - Order 37; Negotiable Instruments Act, 1881 - Sections 19 and 80
AIR2001Bom409; 2002(1)ALLMR171; 2001(4)BomCR114; (2001)3BOMLR777
Act, 1899 in a manner which is different from the definition of the expression for the purposes of Negotiable Instruments Act, 1881. Section 19 of the Negotiable Instruments Act, 1881 provides as follows :'19. Instrument payable on demand.- A Promissory Note … any instrument, chargeable, in his opinion, with duty is produced or comes in the performance of his functions. Section 35 provides that no instrument chargeable with duty shall be admitted in evidence for any purpose by any person
Tag this Judgment! AI Brief & AskChhabiladas Mangaldas Vs. Luhar Kohan Arja
Gujarat
Aug-03-1965
Commercial
Code of Civil Procedure (CPC), 1908 - Sections 100 and 102; Stamp Act, 1899 - Sections 2(22) and 35 - Schedule - Article 49; Negotiable Instrument Act, 1881 - Sections 13
AIR1967Guj7; (1965)GLR893
fact, the terms thereof satisfy the definition of a negotiable instrument as given in S. 13 of the Negotiable Instruments Act, 1881. If, having regard to the Explanation attached to that section, the document is found to be a promissory … is not in dispute. It is also not disputed that the document does not bear any stamp whatsoever. Section 35 of the Act enacts that no instrument chargeable with duty shall be admitted in evidence for any purpose
Tag this Judgment! AI Brief & AskKrishna Devi Vs. Firm Tikayaram Lekhraj Batra and anr.
Madhya Pradesh
Jun-29-2001
Commercial
Negotiable Instruments Act, 1881 - Sections 4, 5, 13(1), 17 and 80; Stamp Act - Sections 35 and 49-B; Indian Contract Act, 1949 - Sections 25(3)
AIR2002MP47; 2002(1)MPHT74; 2001(3)MPLJ153
of Komalsingh Ju Deo (Raja) v. Rambharosa and ors., reported in 1943 NLJ 76, has held that the Negotiable Instruments Act, 1881, Sections 13(1) and 80 does not apply to 'Shah Jog Hundis'. Full Bench has held that a Shah … is insufficient. The document is in the nature of promissory note and this document cannot be impounded under Section 35 of the Stamp Act, and refused to exhibit the document.4. Before entering into the controversy, it will be
Tag this Judgment! AI Brief & AskKundan Mal Vs. Nand Kishore and Etc.
Rajasthan
Aug-16-1993
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 115; Negotiable Instruments Act, 1881 - Sections 4; Stamp Act, 1899 - Sections 2(22) and 35; Evidence Act, 1872 - Sections 62 and 63
AIR1994Raj1
to a specific person, it amounts to a promissory note within the meaning of Section 4 of the Negotiable Instruments Act, and under Section 13 of the Act, there being no condition to the contrary in the document, it … note' means a promissory note as defined by the Negotiable Instruments Act, 1881;it also includes a note promising the payment of any sum of money … constituted makes it as promissory note and that being insufficiently stamped is not admissible in the evidence under Section 35 of the Stamp Act and further held that since primary evidence itself was inadmissible, no secondary evidence in
Tag this Judgment! AI Brief & AskKotla Sudheer Kumar Vs. Mallavarapu Jojayya @ Jojaiah Chowdary
Andhra Pradesh
Dec-05-2001
Civil
Negotiable Instruments Act, 1881 - Sections 4
2002(2)ALD715
It is contended by the learned Counsel that the document-'promissory note' was defined under Section 4 of the Negotiable Instruments Act, 1881. The same was also referred under Section 2(22) of the Indian Stamp Act, 1899 (for short the 'Stamp … promissory note, liable to be stamped as such and as the same was not stamped in terms of Section 35 of the Indian Stamp Act, the document is not admissible in evidence.4. The learned Counsel for the respondent/defendant,
Tag this Judgment! AI Brief & AskK.K.C. Textile Mills and Another Vs. Maize Products
Chennai
Dec-09-1997
Company
Negotiable Instruments Act, 1881 - Sections 138 and 142; General Clauses Act, 1897 - Sections 3(35)
1998(2)ALT(Cri)122; [1998]93CompCas919(Mad)
the cause of action arises under clause (c) of the proviso to section 138.' Section 138(c) of the Negotiable Instruments Act, 1881, states that the cause of action arises once the drawer of the cheque fails to make payment of … February as the case may be, and in that case, 'the month' means 31/32, 30/31 and 29/30 days. 35. Therefore, the meaning of 'one month' given as '30 days' as interpreted by counsel for the petitioners, is
Tag this Judgment! AI Brief & AskR. Ravindran Vs. M. Rajamanickam
Chennai
Feb-20-2006
Banking
Stamp Act, 1899 - Sections 2(22) and 35 - Schedule - Article 49; Negotiable Instruments Act, 1881 - Sections 4 and 5
AIR2006Mad203; I(2008)BC71; (2006)2MLJ379
Stamp Act. 'Promissory note' is defined under Section 2(22) of the Stamp Act as one defined by the Negotiable Instruments Act, 1881. Section 4 of the Negotiable Instruments Act defines 'Promissory note' thus:A 'promissory note' is an instrument in writing (not … notes payable otherwise than on demand and as the documents were insufficiently stamped, they are inadmissible as per Section 35 of the Stamp Act and cannot be marked as exhibits. Challenging that order, the present revision is preferred.4.
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