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1988 Supreme(Ker) 236

RADHAKRISHNA MENON
STATE BANK Of TRAVANCORE – Appellant
Versus
THAYIKUTTY AMMA – Respondent


Judgment :-

1. The plaintiff is the revision petitioner.

2. The order under challenge reads:

"This is a bond as defined in S.2 (a) (ii) of the Kerala Stamp Act, and proper stamp duty is Rs. 200/-. Stamp duty paid is only Rs. 5/-. So deficit stamp duty is Rs. 195/-. Penalty is Rs. 1950/-. Plaintiff will pay Rs. 195/- as deficit stamp duty and Rs. 1950/-and penalty".

3. S.2 (a) (ii) of the Kerala Stamp Act reads:22 Definitions.- In this Act, unless the context otherwise requires,-(a) "bond" includes-(i)

(ii) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; ".

4. To call an instrument a 'bond', it should satisfy all the following three conditions?

i. The instrument shall be attested by a witness,

ii. It shall not be payable to order or bearer.

iii. By the said document the person who has executed it shall oblige himself to pay money to another.

The instrument in question no doubt, is one attested by witnesses. It is also "not payable to order or bearer". If the third condition is also satisfied, the instrument will be a 'bond'. The question therefore is. does the instrument satisfy the condition also? To answe



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