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In Re: Reference Under Act No. I of 1879 (Indian Stamp Act), Section 49 - Court Judgment

LegalCrystal Citation
SubjectBanking
CourtAllahabad High Court
Decided On
Judge
Reported in(1895)ILR17All211
AppellantIn Re: Reference Under Act No. I of 1879 (Indian Stamp Act), Section 49
Excerpt:
.....of secondary and higher secondary education, lays down principles for determining syllabi, prescribes text books, etc. the cantonment board does not discharge any of such duties nor is there any other board or body under the cantonments act discharging any such duties. the duties of the cantonment board are laid down in section 62 and amongst others, clause (xiv) lays down the duties of establishing and maintaining or assisting primary schools only. the cantonment board is not required to enter into the area of secondary education. therefore, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. that being the position, it is not possible to accept it to be a recognised school.....orderjohn edge, kt., c.j. and mahmood and knox, jj.1. the case reported in i.l.r. 10 mad. 158, does not apply to the facts of this case. the document in this case is not in our opinion 'attested by a witness' within the meaning of clause (b) of sub-section (4) of section 3 of act no. i of 1879. what is said to be an attestation is merely a statement in writing by the scribe of the document that the document was correct and was written by his pen. we therefore answer the question referred to us by saying that the document in question cannot be treated as a bond as denned in clause (b) of sub-section (4) of section 3 of act no. i of 1879.
Judgment:
ORDER

John Edge, Kt., C.J. and Mahmood and Knox, JJ.

1. The case reported in I.L.R. 10 Mad. 158, does not apply to the facts of this case. The document in this case is not in our opinion 'attested by a witness' within the meaning of Clause (b) of Sub-section (4) of Section 3 of Act No. I of 1879. What is said to be an attestation is merely a statement in writing by the scribe of the document that the document was correct and was written by his pen. We therefore answer the question referred to us by saying that the document in question cannot be treated as a bond as denned in Clause (b) of Sub-section (4) of Section 3 of Act No. I of 1879.


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