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Marie Jacob Rodriguez and anr. Vs. Peter Fernandez and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in2Ind.Cas.481
AppellantMarie Jacob Rodriguez and anr.
RespondentPeter Fernandez and ors.
Excerpt:
stamp act (ii of 1899), sections 5, 35, schedule i, article 5 exemption (a) - agreement insufficiently stamped whether can be admitted on payment of penalty--agreement comprising several distinct matters. - 1. we are of opinion that this is not an agreement relating to the gale of goods exclusively so as to bring it within schedule i, article 5 exemption (a), of act ii of 1899.2. we are, further, of opinion that it is not an agreement comprising or relating to several distinct matters within the meaning of section 5 of act ii of 1899. as regards the last question, we think the court has jurisdiction to admit the document on payment of the duty and penalty as provided in section 35 of act ii of 1899.
Judgment:

1. We are of opinion that this is not an agreement relating to the gale of goods exclusively so as to bring it within schedule I, article 5 Exemption (a), of Act II of 1899.

2. We are, further, of opinion that it is not an agreement comprising or relating to several distinct matters within the meaning of Section 5 of Act II of 1899. As regards the last question, we think the Court has jurisdiction to admit the document on payment of the duty and penalty as provided in Section 35 of Act II of 1899.


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