Instrument - Definition - Law Dictionary Home Dictionary Definition instrument

Definition :

Instrument [instrumentum, Lat., fr. instruo, to prepare or provide], a formal legal writing-e.g., a record, charter, deed or transfer, or agreement. By s. 205(1)(viii.) of the (English) Law of Property Act, 1925, 'Instrument' (for the purposes of the Act) 'does not include a Statute, unless the Statute cre-ates a Settlement.' See also Settled Land Act, 1925,

s. 117; see also TRUST INSTRUMENT; VESTING INSTRUMENT. A telegram and an envelope with a falsified postmark have been held to be 'instruments' within the meaning of the Forgery Act, 1861, s. 38, now replaced by s. 7, (English) Forgery Act, 1913 [R. v. Riley, (1896) 1 QB 309; R. v. House, 28 TLR 186]; also an engine.

Includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded. [Notaries Act, 1952 (53 of 1952), s. 2 (b)]

Includes every document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or record. [Indian Stamp Act, 1899 (2 of 1899), s. 2 (14)]

Ordinary, the word 'instrument' would refer to documents executed by the parties. the High Court was in error in coming to the conclusion that the word 'instrument' did not include an award, Purshottam H. Jdye v. V.B. Pottdar, AIR 1966 SC 856: (1966) 2 SCR 353.

The expression 'instrument' certainly covers a Trust Deed. Som Prakash Rekhi v. Union of India, AIR 1981 SC 212 (233): (1982) 2 SCR 11: (1981) 1 SCC 449.

An 'instrument' is a writing, and generally means a writing of a formal nature, Umaji Keshao Meshram v. Radhikabai, AIR 1986 SC 1272 (1315).

In Stroud's Judical Dictionary of Words and Phrases (Third Edition, Volume 2, page 1472), 'instrument' is described as: 'An 'instrument' is a writing and generally imports a document of a formal legal kind. The expression is also used to signify a deed inter partes or a charter or a record or other writing of a formal nature. But in the context of General Clauses Act, it has to be understood as including reference to a formal legal writing like an order made under a statute or subordinate legislation or any document of a formal character made under constitutional or statutory authority, Mohan Choudhary v. Chief Commissioner, U.T., AIR 1964 SC 173 (179): (1964) 3 SCR 442. (General Clauses Act, 1897, s. 8)

Includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded. [Stamp Act, 1899 (2 of 1899), s. 2(14)]