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Bhairab Chundra Chowdri Vs. Alek Jan - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1886)ILR13Cal268
AppellantBhairab Chundra Chowdri
RespondentAlek Jan
Excerpt:
stamp act, 1879, section 13 - suit on bond--stamp, sufficiency of. - mitter, j.1. we are of opinion that the subordinate judge was not right in holding that the instrument upon which this suit was brought was not properly stamped. the amount secured by the instrument is the value of the paddy agreed to be made over to the creditor, as fixed by the instrument itself. if there be a rise in the price of the paddy at the time of the institution of the suit, it would not make the instrument an instrument which is not sufficiently stamped under the act. if the view of the subordinate judge were correct, it would be impossible for the parties to the document to fix the value or the amount to be secured for the purpose of determining what stamp duty should be paid.2. the record will be sent back.
Judgment:

Mitter, J.

1. We are of opinion that the Subordinate Judge was not right in holding that the instrument upon which this suit was brought was not properly stamped. The amount secured by the instrument is the value of the paddy agreed to be made over to the creditor, as fixed by the instrument itself. If there be a rise in the price of the paddy at the time of the institution of the suit, it would not make the instrument an instrument which is not sufficiently stamped under the Act. If the view of the Subordinate Judge were correct, it would be impossible for the parties to the document to fix the value or the amount to be secured for the purpose of determining what stamp duty should be paid.

2. The record will be sent back.


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