Judgement

VENKATARAMA AYYAR, J.: This appeal raised a question under Section 5 of the Indian Stamp Act 2 of 1899. The respondent was, at the material time the Managing Director of Messrs. Bird and Co. Ltd., and of Messrs. F. W. Heilgers and Co.Ltd., which were acting as Managing Agents of several Companies registered under the Indian Companies Act. He was also a Director of a number of the other Companies, and had on occasions acted as liquidator of some Companies, as executor or administrator of estates of deceased persons and as trustees of various estates.

On 4-7-1949 he applied to the Collector of Calcutta under S. 31 of the Stamp Act for adjudication of duty payable on a power-of attorney, market as Ex. A in the proceedings, which he proposed to execute. By that power, he empowered Messrs. Douglas Chisholm Fairbairn and John James Brims Sutherland jointly and Several to act for him in his individual capacity and also as executor, administrator, trustee, managing agent, liquidator and all other capacities.

The Collector referred the matter under S. 56(2) of the Act to the decision of the Chief Controlling Revenue Authority, who eventually referred it under S. 57 to the High Court