In Re: Demand Drafts of The Imperial Bank of India – Appellant
Versus
. – Respondent
JUDGMENT
Rankin, C.J. - This is a Reference made to us under the provisions of Section 57 of the Indian Stamp Act. It would appear that certain instruments were presented on behalf of the holder for adjudication as to whether it was necessary that they should be stamped u/s 19 of the Indian Stamp Act. The documents, of which three in number are before us, may be sufficiently exemplified by choosing one of the three. The one, which I shall choose, is a document in the form in which bills of exchange are accustomed to be couched. It is headed " Imperial Bank of India." It is addressed from Calcutta. It is signed as drawer by the Secretary and Treasurer and the Accountant of the Imperial Bank of India. It is addressed to the Imperial Bank of India, Lahore, as the addressee or drawee and it is made payable to a third party?the Commercial Syndicate, Ltd., or order. It will be observed, upon a strict reading of the instrument, that there are two parties and only two parties?the Imperial Bank of India on the one hand and the payee?the Commercial Syndicate, Ltd., on the other. The question is whether these instruments are required to be stamped by virtue of the terms of the Indian Stamp Act
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