SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1973 Supreme(Ori) 167

G.K.MISRA
SAUDAMINI DEI @ HAZARI – Appellant
Versus
BISHNU CHARAN JENA – Respondent


Advocates Appeared:
B. Harichandan, for the Appellant; G.C. Jena, for the Respondent

JUDGMENT :

G.K. Misra, C.J. - The Plaintiff?s case was that Defendant who had 8 annas interest in Truck No. O.R.U. 983 had decided to purchase the other 8 annas interest from his share holder so as to become full owner in respect of the vehicle. The Defendant approached the Plaintiff through her husband, who was known to him, for an amount of Rs. 7,000/- to purchase the 8 annas interest in the Truck from his share holder. On 13-11-1968 the Defendant executed a document in favour of the Plaintiff. This document was produced by the Plaintiff. When she wanted that it should be marked as an exhibit, objection was taken that it was a bond and it is to be impounded and unless stamp duties are paid the document cannot be marked as an exhibit. The learned Subordinate Judge accepted this objection and held that the-document was a bond and he did not mark it as an exhibit. It is against this order that the Civil Revision has been filed.

2. The substance of the recitals in the bond is that the executant borrowed Rs. 7,000/- to purchase the 8 annas interest in the Truck. Two modes of repayment were prescribed in the document. The first was that repayment would be made by transferring 6 annas int











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top