9911796707
TMI Blog1927 (1) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... it stamp duty and penalty in respect of three documents. The petitioners had instituted three suits for recovery of money due upon the said documents and filed the same along with the plaints. A Commissioner was appointed for the examination of one of the plaintiffs and documents were proved in the course of the deposition of that witness taken by the Commissioner. Thereafter the suits were adjour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uments are addressed to a particular person, namely, the Plaintiff No. 1. Each of them contains an unconditional undertaking signed by the maker to pay on demand to the person in whose favour it is executed, a certain sum of money principal together with interest. They are attested by a number of witnesses. The definition of promissory note as given in Section 2(22) of the Stamp Act adopts the def ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which, amongst other amendments, was introduced by Act 8 of 1919 to Section 13 of the Negotiable Instruments Act of 1881, was meant to enlarge the definition of a negotiable instrument. By this amendment a promissory note not payble to order, which previously was not negotiable, was brought within the class of negotiable instruments; and the amendment, in my opinion, cannot be read into the defin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t on the record by reading them in Court, and that the suit never reached the stage at which the documents could be sought to be used in Court and consequently the Subordinate Judge had no jurisdiction to act under Section 35 of the Stamp Act. It is also said that if the documents are treated as having been admitted in evidence by the Subordinate Judge he was not entitled to re-open the matter and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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