Mumbai Court July 1889 Judgments
Hassanbhoy Visram and ors. Vs. the British India Steam Navigation Comp ...
Court: Mumbai
Decided on: Jul-26-1889
Reported in: (1889)ILR13Bom571
Bayley, J.1. The Chief Judge found that the sugar, had been imported by the plaintiffs into Rangoon about a year before, was shipped on the 11th and 12th November, 1887, for Bombay on board the Byculla: that no mate's receipt was given for it to the shippers at the time of shipment, owing to a dispute as to the exact number of bags put on board--the shippers declining to accept a receipt for 1,302 bags, the number tallied by the ship's officers, while the mate refused to sign one for 1,306 bags, the number tallied by the shippers: that owing to the non-production by the shippers of the mate's receipt, no bill of lading was granted for the plaintiff's sugar before the steamer left Rangoon on the 15th November: that on the 28th November, 1887, a bill of lading was signed by the defendants' branch office at Calcutta: that the floor of the hold on which the plaintiffs' sugar (which had been put on board in good condition) was stowed had been wetted, before the receipt of the sugar, with wa...
Tag this Judgment!Jethibai Window Vs. Ramchandra Narottam
Court: Mumbai
Decided on: Jul-01-1889
Reported in: (1889)ILR13Bom484
Parsons, J.1. Both of the cases cited are decisions under the Stamp Act of 1869. That Act (XVII of 1869) by Section 18 provided only that the instrument should bear a stamp of a value not less than the amount of the proper duty, in order to be admissible. The present Act goes much further than this. It provides, by Section 34, that an instrument shall not be admitted in evidence 'unless such instrument is duly stamped.' Such a provision clearly imposes upon the Court the duty of seeing in every case whether an instrument presented to it is 'duly stamped' or not. 'Duly stamped' is defined in the Act to be 'stamped in accordance with the law in force when such instrument was executed, or first executed.' When this instrument was executed, Act I of 1879 was in force. That Act, in Section 16, lays down that 'all instruments chargeable with duty and executed by any person in British India shall be stamped before or at the time of execution.' If an instrument is not so stamped, clearly it is...
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