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Hira Ambaidas Vs. Tekchand Ambaidas - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1889)ILR13Bom670
AppellantHira Ambaidas
RespondentTekchand Ambaidas
Excerpt:
stamp - certificate of sale, application for--civil procedure code (act xiv of 1882), section 316--practice. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from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. as section 316, civil procedure code, does not require any formal application to be made for a certificate of sale no written application is compulsory. in case any person chooses to apply in writing, the paper, as this is optional, need bear no stamp.
Judgment:

Charles Sargent, C.J.

1. As Section 316, Civil Procedure Code, does not require any formal application to be made for a certificate of sale no written application is compulsory. In case any person chooses to apply in writing, the paper, as this is optional, need bear no stamp.


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