Court : Chennai
Decided on : Nov-04-1938
Reported in : (1939)1MLJ82
..... not only been settled between the parties but have also been embodied in a lease. the contention raised by the learned counsel for the appellant is that the amendment to section 49 of the registration act has not altered the legal situation and the lease would still be inadmissible in evidence in the suit for the specific performance of the-contract. if the ..... allowed to be treated as a valid document of a different order altogether.6. mr. somayya for the appellant contends that the new proviso to section 49 of the indian registration act has changed all that.7. after quoting section 49, the learned judge observed:but that is not the same thing as saying that the unregistered instrument is itself the contract.8. from ..... established that a separate agreement to mortgage was entered into prior to the execution of the mortgage-deed to prove which, the mortgage-deed might have been tendered in evidence.10. in the present case, i find that the terms of the contract were advertised by the board in the district gazette before the auction took place and the bidder must ..... have, is to apply for a compulsory registration within the few months provided by the registration act failing which his remedy would be barred and the conveyance useless.9. with great deference to my learned brothers, i am unable to construe the words of the proviso to section 49 in the manner suggested by them. if this were all, whatever interpretation i may .....
Tag this Judgment!Court : Chennai
Decided on : May-10-1938
Reported in : AIR1939Mad34; (1938)2MLJ846
..... 6th july, 1932. the plaint was filed on 28th june, 1935. the suit note was insufficiently stamped and was inadmissible in evidence under section 35 of the indian stamp act. the plaintiff therefore on 30th july, 1935, applied for an amendment of the plaint seeking permission to take his cause of action on the promissory note dated 11th august, 1926, which had been cancelled ..... incurred under that note and afterwards it was renewed on 9th august, 1929, by the suit note. the suit note therefore embodies the original claim and in seeking the amendment the plaintiff is only asking for the enforcement' of that claim, which he should be allowed to enforce if such enforcement will not prejudice the defendant-in putting forward any ..... than one of those means, which is intended to be used, or which may be used, for the purpose of recording that matter.10. from this it follows that the instrument that is inadmissible under section 35 of the stamp act is the 'matter written on the substance' by means of letters described as the promissory note. for the purpose of extending the ..... , thatno instrument chargeable with duty shall be admitted in evidence for any purpose...unless such instrument is duly stamped.9. under this section an insufficiently stamped instrument is inadmissible in evidence. 'instrument' is defined in the indian stamp act (ii of 1899) toinclude every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded( .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-09-1938
Reported in : AIR1939Cal187
..... the doctrine thatbecause a society is projected by less than 20 people originally and subsequently grows to more than 20, it is outside the act,meaning the english act of 1862, section 4 of which corresponds to section 4, indian companies act, 1913. we are however of opinion that the first ground on which the learned subordinate judge has based his decision on this point is ..... in the suit was not pressed either in the lower court or before us, and if it had been taken in time, the defect could have been cured by an amendment of the plaint, there being no question of limitation. the names of the persons interested in the property in dispute as plaintiffs were supplied and are on the record ..... .9. the result of our decision is that this, appeal should be and it is hereby dismissed with costs to the plaintiffs-respondents, the hearing fee in this court being assessed ..... the law of inheritance, is not an association of persons in this sense, and does not therefore come within the scope of section 4, companies act. if the members of the family who have interest in such a business concern exceed 10 or 20 as the case may be, regard being had to the nature of the business, there is accordingly no necessity .....
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