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Eknath S. Gownde Vs. Jaganath S. Gownde and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom417
AppellantEknath S. Gownde
RespondentJaganath S. Gownde and anr.
Excerpt:
stamp - release--debts--act i of 1879. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi high court for appointment of certain individual as arbitrator had become infructuous because of his demise held, high court of bombay, is not correct in rejecting arbitration petition filed by appellant on ground of lack of jurisdiction. .....that eknath is to discharge certain debts; and (3) that he is to pay an annuity to jagannath and somnath. the point for determination is whether stamp duty is chargeable in respect of stipulations (2) and (3)? the document is executed by jagannath and somnath, but not by eknath. the provisions, therefore, purporting to be in favour of jagannath and somnath, are a mere recital of the consideration moving from eknath., no interest in their favour is created by the document, which, therefore, so far as stipulations (2) and (3) are concerned, cannot be regarded as an instrument chargeable with stamp duty. we are, therefore, of opinion that it should be stamped as a release only.
Judgment:

W. Welderburn, J.

1. In this case the instrument sets forth (1) that Jagannath and Somnath relinquish their right to certain property in favour of their brother Eknath; (2) that Eknath is to discharge certain debts; and (3) that he is to pay an annuity to Jagannath and Somnath. The point for determination is whether stamp duty is chargeable in respect of stipulations (2) and (3)? The document is executed by Jagannath and Somnath, but not by Eknath. The provisions, therefore, purporting to be in favour of Jagannath and Somnath, are a mere recital of the consideration moving from Eknath., No interest in their favour is created by the document, which, therefore, so far as stipulations (2) and (3) are concerned, cannot be regarded as an instrument chargeable with stamp duty. We are, therefore, of opinion that it should be stamped as a release only.


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