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1979 Supreme(Ker) 140

K.K.NARENDRAN
LITTLE FLOWER KURIES & ENTERPRISES LTD. – Appellant
Versus
VICTORY – Respondent


Judgment :-

1. A question of stamp duty arises for consideration in these Civil Revisions by the plaintiff, foreman of a kuri (chit funds). The bid amounts were paid to the subscribers of the kuri on their executing agreements undertaking to pay the future instalments. Over and above the subscriber, two sureties also joined in the agreements which were not attested by any witness. The plaintiff filed suits against those who committed default in the payment of future instalments. Along with the plaint, the agreements taken from the subscribers were also produced in Court. The trial court took the view that the agreements are bonds as defined in S.2 (a) of the Kerala Stamp Act, 1959, for short the Act, and should be stamped with ad valorem stamp applicable to 'bond' under Art.13 of the Schedule to the Act. Only a fixed stamp duty as per Art.5 (b) of the Schedule was paid. In two cases, the trial court directed the petitioner to pay deficit stamp duty and penalty. In two other cases the trial court impounded the instruments under S.33. The challenge in these Civil Revisions is against the above four orders of the trial court. The question is whether the agreements in question are inst





































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