Court : Kolkata
Reported in : (1884)ILR10Cal92
..... payable in respect of any such sum or debt, only where the purchaser is personally liable or bound or undertakes or agrees to pay the same, or to indemnify the vendor against the same; and that it was expedient to alter and amend the law in that respect, enacted as follows:where airy lands or other property shall be sold and conveyed subject to any mortgage wadset, or bond or other debt, or to any gross or entire sum of money, such sum of ..... and not that of the amending act 16 and 17 vic, cap. ..... court, although it quotes the english authority, and apparently decides in opposition to it, points out the difficulties and injustice to which section 24 of the stamp act may give rise, and considers apparently that, if the fact of an existing charge upon the property sold appeared upon the proclamation only and not upon the certificate of sale, section 24 would not ..... bombay court decided that where a certificate of sale expressly stated that the sale was made subject to the mortgage right of a third party, the principal sum due upon the mortgage was to be deemed a part of the consideration for the transfer under section 24 of the stamp act.5 ..... we observe, however, that the opinion of the collector of stamps and also of the board of revenue seems influenced, in some measure at least, by a provision in the transfer of property act, which has come into operation since the madras full bench case was ..... ill was afterwards amended by parliament in the year 1853 by section 10 of the statute 16 and 17 .....
Tag this Judgment!Court : Chennai
Reported in : (1911)21MLJ533
..... to lose the fee thus paid or that he should not be allowed to ask without paying a second fee for an adjudication from a court which can really give one,' that it was held by the full bench of the bombay high court that a plaint might be returned at any stage of a suit to enable the plaintiff to present the same plaint without paying over again that fee to the proper court prabhakar bhat v. ..... section 30 of the court-fees act runs thus:no document requiring a stamp under this act shall be filed or acted upon in any proceeding in any court or office until the stamp has been cancelled.such officer, as the court or the head of the office may from-time to time appoint, shall, on receiving such document, forthwith effect such cancellation by punching out the figurehead so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt ..... the provision in section 28 of the court-fees act that no document which ought to bear a stamp under that act shall be of any validity unless it is properly stamped, affords us no assistance on the question whether, on the facts stated, the plaint was properly stamped when presented to the small cause court. ..... the provision in the same section that when a document is amended in order to correct a mistake a fresh stamp is not necessary - no doubt on the 'expressio unius' principle - lends some support to the conclusion that the document in question in the present case was not properly stamped. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom143; 85Ind.Cas.226
..... it is now common ground that the accused is charged and convicted solely under sections 41(g) and 18(2) of the indian factories act, 1911, section 41(g) provides for the case where any order of an inspector (inter alia) under section 18 is not complied ..... , the factories amended rules, bombay, 1923, it will be found that under rule 4 the manager has to ..... all defects or illegalities discovered together with orders for their remedy or removal passed by him under the act or 'these rules shall then be prepared in triplicate' one copy shall be entered in the inspection ..... explained at the outset that this factory is a metal stamping press, and though there is no express evidence on the point, the government pleader has explained to us that the machinery in question consists of a vertical rod going up and down into a cup which is fed by the workman with the object of stamping the article as the rod goes up and down. ..... service of notices, and the main provision is section 46(1): ' a notice under this act may be served on the person therein named either by a prepaid letter addressed to the person and registered under part ill of the indian post office act, 1866, or by the delivery or tender to him of a copy of the notice. ..... that the inspector is to make tip his mind definitely what is the order which he requires to be carried out under this act, and for breach of which he will prosecute the factory owner or manager under the act, and that equally definite notice is to be given to the latter.13. .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR1245
..... , the factories amended rules, bombay, 1923, it will be found that under rule 4 the manager has to maintain ..... have explained at the outset that this factory is a metal stamping press, and though there is no express evidence on the point, the government pleader has explained to us that the machinery in question consists of a vertical rod going up and down into a cup which is fed by the workman with the object of stamping the article as the rod goes up and down. ..... , that the conviction of the petitioner under clause (b) of section 41 of the indian factories act 1911 cannot be sustained, and i concur in the order proposed by my learned brother. ..... as to service of notices, and the main provision is section 46(1): 'a notice under this act may be served on the person therein named either by a prepaid letter addressed to the person and registered under part iii of the indian post office act, 1866, or by the delivery or tender to him of a copy of the notice. ..... 18(2) contemplates that the inspector is to make up his mind definitely what is the order which he requires to be carried out under this act, and for breach of which he will prosecute the factory owner or manager under the act, and that equally definite notice is to be given to the latter.15. ..... turns to form o one finds that it is a formal notice which runs as follows: 'upon a recent inspection of your factory it was found, to the extent indicated below, that certain provisions of the above act and rules were not being carried out. .....
Tag this Judgment!Court : Kolkata
Reported in : 91Ind.Cas.862
..... on behalf of the opposite party, the defendant, who appeared in this rule it is contended that the plaintiff should pay the court-fee under the amended act without any deduction for the cancelled court-fee stamp on the plaint that was originally filed. ..... ' the lower appellate court has held that he should pay court-fees in accordance with the amended court fees act which came into force on the 1st april 1922, after deducting the court-fees already paid.2. ..... we think that the learned subordinate judge is right in holding that the court-fee payable is that payable under the new act after crediting the plaintiff with the court-fee originally paid. ..... the question as to the plaintiff being entitled to be credited with the court-fee paid has been decided by full benches of the madras and bombay high courts. ..... we agree with him in thinking that those cases turn on the question of limitation and merely apply the rule which has since been made in the law by the passing of section 14 of the limitation act of 1877.5. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom527; (1925)27BOMLR1122; 90Ind.Cas.685
..... were the coats of the following issue, which i frame as no issue on the question was raised at the trial: whether two of the suit hundis are admissible in evidence owing to the non-cancellation of the stamps with regard to the rest of the costs, we think that the successful plaintiff in the court below is entitled to them. ..... that name, and that the provisions of order xxx (civil procedure code) would not apply when defendants were members of an undivided hindu family, the title of the plaint was amended by substituting the names of the members of the family for the firm's name ' shivlal kainpraead.'3. ..... there is a series of decisions referred to by the learned judge which show that the court, in determining whether a document is sufficiently stamped for the purpose of deciding upon its admissibility in evidence, will look at the document itself as it standi, and not at any collateral circumstances which may ..... of the hundis an objection was taken at the hearing, although no issue was raised thereon, that they were not admissible owing to the stamp not being properly cancelled the judge decided that point in favour of the defendants. ..... contended that the provisions of section 22 (1) of the indian limitation act applied, and that the suit was barred, as the suit must be deemed to have been instituted against the defendants when the plaint was amended. ..... be due on three hundis drawn by the defendants on one chhotaram javer in bombay payable to shah which were handed over to the plaintiff. .....
Tag this Judgment!Court : Chennai
Reported in : (1927)52MLJ128
..... the review application was put in after that amended act had been passed. ..... , and the review application is thus the first motion of his for any relief, his application would have to be valued not on any sums paid by himself for the relief sought for by him but on the stamp paid by the opposite party for the relief sought for by it, which may obviously have no sort of relation to the relief which the review applicant wants. ..... , in the present case the court-fee leviable will be the court-fee which falls to be levied under the amended court fees act calculated as if the application for review were a plaint or memorandum of appeal for the relief sought for.8. ..... the first question is whether the rate of fee to be levied is under the old act or under the amended act. ..... the judgment in that appeal was passed before the increase in the court-fees under the amended court fees act of 1922 came into force. ..... construction would mean that, even though the review application only related to a small portion of the relief asked for in the plaint or memo of appeal, the applicant for review would have to pay the full stamp paid on the plaint or memorandum of appeal. ..... the fee levied by the office is right.wallace, j.the point for decision in this reference is what is the proper stamp fee to be levied on the review application in c. m p. no. ..... the bombay high court has taken a similar view in in re manohar g. ..... this court's interpretation of the rule seems also to have found acceptance in bombay in re manohar g. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom257; (1927)29BOMLR280; 101Ind.Cas.343
..... under the old civil procedure code whether a plaint should not be returned before it was registered or whether it might be returned at any stage of the suit the bombay high court took the view which is now embodied in order vii, rule 10, that the plaint may be returned at any stage of the suit. ..... desai for the plaintiff contended that the only court which could pass the order dismissing the suit under section 10 of the court fees act was the court having jurisdiction, and that, under order vii, rule 10, of the civil procedure code, it was the imperative duty of the court to return ..... august 8, 1925, on the ground that the district judge had given only a fortnight's time to make good the deficient court fees and as the plaintiff did not amend the plaint and pay the deficient court fees stamp on august 6, 1925, he had no other recourse but to dismiss the suit. ..... it has no jurisdiction to try the suit, then, in my opinion, the case falls under rule 10 and not under rule 11 (b) of order vii, and section 10 of the court fees act, in so far as it requires the same court to collect additional fees, is meant to apply to a case of the nature dealt within clause (b) of rule 11. ..... it has no jurisdiction to try the suit, then, in my opinion, the case falls under rule 10 and not under rule 11 (b) of order vii, and section 10 of the court fees act, in so far as it requires the same court to collect additional fees, is meant to apply to a case of the nature dealt within clause (b) of rule 11. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom511; (1930)32BOMLR1178
..... it so happens, however, that in the present case the plaintiff has com(c) from basra and is actually present in the court, and 1 shall, therefore, in the circumstances of this case, direct that he be allowed to amend his plaint by signing it himself, subject to this that he must pay the costs of the proceedings up to today.4. ..... ' the plaintiff in this case is a resident at basra in iraq, and has given a power of attorney to a person residing in bombay who has signed the plaint, and it is contended that this power of attorney is a special power of attorney and not a general power of attorney. ..... the plaintiff, who is a jewish inhabitant of basra, sues the defendants, are doing business in bombay, on a foreign judgment obtained by him in the court of the first instance at basra against the defendants on december 20, 1923. ..... it was a reference under the stamp act, and the question was whether the instrument should be stamped as a general power of attorney or not. ..... they were again served through the court of small causes in bombay, when after the basra office was closed mr. ..... khedoori rubain aboodi residing at present at bombay india, to be my true and lawful attorney in connection with realisation of the amount of decree no. ..... , bombay, to appear on their behalf and to act under the instructions of messrs ..... , the recovery of the amount due to the plaintiff in one particular suit, although for the accomplishment of the purpose it might be necessary for the agent to do a number of acts in bombay. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All351
..... 559 did not expressly dissent from the above mentioned bombay ruling, which does not appear to have been brought to their notice, but they took a different view. ..... this case was decided before the amendment of article 1, schedule 1, court-fees act by. ..... under article 1, schedule 1, the memorandum of appeal must be stamped ad valorem on 'the amount of value of the subject-matter in dispute. ..... the court did not hold (as in the bombay ruling) that no court-fee was payable upon the amount claimed as interest. ..... for this reason i think the bombay ruling can no longer be considered good law.8. ..... the amend-merit makes it clear that article 1, schedule 1, is a substantive provision governing the court-fees payable upon memoranda of appeal. ..... the chief inspector of stamps relies upon rowlins v. ..... this is a reference under section 5, court-fees act, 1870.2. ..... the reason was that the claim for interest stood on the same footing as a claim for future mesne profits which had been held not to fall under section 7, court-fees act. .....
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