Skip to content


Baburao Keshavrao Malkapure Vs. Kalavatibai Amrutrao Khase - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberCivil Reference No. 1 of 1940
Judge
Reported inAIR1940Bom275; (1940)42BOMLR668
AppellantBaburao Keshavrao Malkapure
RespondentKalavatibai Amrutrao Khase
Excerpt:
.....accordance with the orders of the court passed under the guardians and wards act, 1890, is to be stamped under article 57 of the indian stamp act, 1899, and not under-art. 6 of the court-fees act, 1870. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from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..........estate of a minor in accordance with the orders of the court. the bond was for rs. 15,000, and the learned district judge of satara, where the applicant resided, was of opinion that the case fell under article 6 of the second schedule to the court-fees act, and that the proper stamp would be one rupee. when the bond was submitted to the learned district judge of thana, he took the view that the case fell under article 57 of the schedule to the stamp act and that the correct stamp was rs. 10.2. in our opinion, the view of the learned district judge of thana is right. article 6 of the second schedule to the court-fees act only refers to the bail bonds or other instruments of obligation given in pursuance of an order made by a court or magistrate under any section of the code of criminal.....
Judgment:

John Beaumont, Kt., C.J.

1. This is a reference made by the District Judge of Thana under the Indian Stamp Act. The question relates to the proper stamp ona bond given by the applicant as guardian of the estate of a minor in accordance with the orders of the Court. The bond was for Rs. 15,000, and the learned District Judge of Satara, where the applicant resided, was of opinion that the case fell under Article 6 of the second schedule to the Court-fees Act, and that the proper stamp would be one rupee. When the bond was submitted to the learned District Judge of Thana, he took the view that the case fell under Article 57 of the schedule to the Stamp Act and that the correct stamp was Rs. 10.

2. In our opinion, the view of the learned District Judge of Thana is right. Article 6 of the second schedule to the Court-fees Act only refers to the bail bonds or other instruments of obligation given in pursuance of an order made by a Court or Magistrate under any Section of the Code of Criminal Procedure or the Code of Civil Procedure. In our opinion, the bond was not given under either of those Codes; it was given under the Guardians and Wards Act. The case is covered by Article 57 of the schedule to the Stamp Act. We answer the reference accordingly.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //