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Dhondbhat Narharbhat Vs. Atmaram Moreshvar - Court Judgment

LegalCrystal Citation
SubjectContract
CourtMumbai
Decided On
Judge
Reported in(1889)ILR13Bom669
AppellantDhondbhat Narharbhat
RespondentAtmaram Moreshvar
Excerpt:
stamp - document proposing to borrow on certain conditions--promissory note--proposal--contract act ix of 1872, section 4. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from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. charles sargent, c.j.1. the document in the present case is not an unconditional undertaking to pay a certain sum of money, but only a request to borrow on certain conditions. it constituted a proposal under section 4 of the indian contract act.2. it is not, in our opinion, liable to stamp duty.
Judgment:

Charles Sargent, C.J.

1. The document in the present case is not an unconditional undertaking to pay a certain sum of money, but only a request to borrow on certain conditions. It constituted a proposal under Section 4 of the Indian Contract Act.

2. It is not, in our opinion, liable to stamp duty.


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