Skip to content


Tikam Chand Vs. Laxmichand and ors. - Court Judgment

LegalCrystal Citation
SubjectCommercial;Civil
CourtRajasthan High Court
Decided On
Case NumberCivil Revn. No. 92 of 1956
Judge
Reported inAIR1961Raj87
ActsStamp Act, 1899 - Schedule - Article 13
AppellantTikam Chand
RespondentLaxmichand and ors.
Appellant Advocate Sagarmal, Adv.
Respondent Advocate P.C. Bhandari, Adv.
DispositionRevision dismissed
Cases ReferredPartab Chand Ratan Chand v. Gilbert
Excerpt:
- .....is placed on partab chand ratan chand v. gilbert, air 1934 all 695 (1). that was a case of a post dated cheque which was only payable after a certain date.the question for determination was whether it was a cheque within the meaning of section 6 of the negotiable instruments act which defines it as a bill of exchange drawn on specified banker and not expressed to be payable otherwise than on demand. it was held that the mere fact that the date of payment of a cheque is postponed to a future date does not make the cheque payable 'otherwise than on demand', and that it is payable on demand after the due date. the same reasoning is applicable to the present case.3. i accordingly hold that the two sah jog hundis in suit are payable on demand and are exempt from the payment of stamp duty.4......
Judgment:
ORDER

Jagat Narayan, J.

1. This is a revision application by adefendant in a suit for recovery of money on thebasis of two Sah Jog Hundis against an order of thetrial court holding that they were payable on demandand as such were exempt from payment of stampduty.

2. The Hundis are payable after a particular date specified therein. The contention of the applicant is that they are payable otherwise than on demand within the meaning of Article 13 of the Schedule to the Stamp Act. On behalf of the respondents it is argued that the mere fact that the Hundis are made payable after a particular date does not make them payable otherwise than on demand as after that date they are payable on demand. Reliance is placed on Partab Chand Ratan Chand v. Gilbert, AIR 1934 All 695 (1). That was a case of a post dated cheque which was only payable after a certain date.

The question for determination was whether it was a cheque within the meaning of Section 6 of the Negotiable Instruments Act which defines it as a bill of exchange drawn on specified banker and not expressed to be payable otherwise than on demand. It was held that the mere fact that the date of payment of a cheque is postponed to a future date does not make the cheque payable 'otherwise than on demand', and that it is payable on demand after the due date. The same reasoning is applicable to the present case.

3. I accordingly hold that the two Sah Jog Hundis in suit are payable on demand and are exempt from the payment of stamp duty.

4. The revision application is therefore dismissed. I direct that parties shall bear their own costs.


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