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Lachhmi Narayan Agarwala Vs. Rameshvar Prasad Singh - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtMumbai
Decided On
Judge
Reported in(1924)26BOMLR1140
AppellantLachhmi Narayan Agarwala
RespondentRameshvar Prasad Singh
DispositionAppeal dismissed
Excerpt:
indian stamp act (ii of 1899), sections 26 and 35--mining lease--claim for royalty exceeding amount covered by stamp on lease--payment of deficient duty and penally.;by the combined operation of sections 26 and 35 of the indian stamp act (ii of 1899), a lessee under a mining lease is entitled, upon payment of the proper penalty, to recover the royalty provided for in the lease, even though the amount thereof should prove to be in excess of that covered by the stamp originally affixed to the lease. - dunedin, j.1. in this case, which has been heard ex parte, sir george lowndes has said everything that could be said on behalf of the appellants, but he has not created any doubt in their lordships' minds that the judgment of the high court at patna was right. it is clear to their lordships that the proviso (a) of section 35 of the indian stamp act 1899 is of equal ambit with the body of the section, and that just as an instrument cannot be acted upon, that is to say, nothing can be recovered under it unless it has a proper stamp, so the proviso provides that if there is not a proper stamp it may be put on afterwards on payment of a penalty and the instrument then becomes effective.2. their lordships will humbly advise his majesty that the appeal be dismissed.
Judgment:

Dunedin, J.

1. In this case, which has been heard ex parte, Sir George Lowndes has said everything that could be said on behalf of the appellants, but he has not created any doubt in their lordships' minds that the judgment of the High Court at Patna was right. It is clear to their lordships that the proviso (a) of Section 35 of the Indian Stamp Act 1899 is of equal ambit with the body of the section, and that just as an instrument cannot be acted upon, that is to say, nothing can be recovered under it unless it has a proper stamp, so the proviso provides that if there is not a proper stamp it may be put on afterwards on payment of a penalty and the instrument then becomes effective.

2. Their Lordships will humbly advise His Majesty that the appeal be dismissed.


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