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1964 Supreme(AP) 40

ANANTA NARAYANA AYYAR, P.SATYANARAYANA RAJU
State Bank of Hyderabad per V. V. Shastri – Appellant
Versus
Ranganath Rathi – Respondent


SATYANARAYANA RAJU, J.

( 1 ) THIS Revision Petition has been referred to a Division Bench as it involves an important question of law.

( 2 ) AN objection was raised by the Court Fee Examiner that the document, which is extracted below, is not a promissory note but it bond and, therefore, stamp duty and penalty is leviable under Article 10 read with Section 33 (1) (b) of the Hyderabad Stamp Act. The learned Chief Judge, City Civil Court, upheld the objection and directed the plaintiff (the State Bank of Hyderabad) to pay stamp duty of Rs. 690 and a penalty of Rs. 6,900 in all totalling Rs. 7. 590 (H. S.) equivalent to Rs. 6505-71 np (I. G. ).

( 3 ) THE document reads as follows: "117, Park Lane, Secunderabad -- Deccan, Date 18/07/1950. On demand I Ranganatha Rathi son ot Harnath Rathi residing at Kachiguda Station Road, Hyderabad, promise to pay to Messrs Darabji Bros and Co. , Bankers, 117, Park Lane. Secunderabad--Dn. , the sum of O. S. Rs 46,000 (Forty six thousand only) together with interest thereon at 6 per cent per annum for value received in cash. Executed at Secunderabad-Dn. this 18th day of July 1950, Sd// Ranganth Rathi (on four one-anna India revenue stamps ). Witnesses:























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