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1951 Supreme(All) 117

SAPRU, AGARWALA
CHUNNI LAL BURMAN – Appellant
Versus
BOARD OF REVENUE – Respondent


Advocates Appeared:
WALTER DUTT

AGARWALA, J.


( 1 ) THIS is an application Under Article 226 of the Constitution for the issue of a writ of certiorari of prohibition to quash an order made by the Collector of Aligarh impounding a document which was sent to him Under section 31 of the Stamp Act for his opinion as to the stamp duty payable thereon.

( 2 ) THERE was a partnership firm known as the New Ram Chand Cotton Mills Co. at Hathras, in the district of Aligarh. There were several partners in this firm. There were differences and disputes between them. A suit was filed by the applicant in the Court of the Civil Judge at aligarh for establishing his rights of joint management and ether reliefs. During the pendency of the suit the matters in dispute were referred by the parties to the arbitration of L. Gauri Shanker and B. Daulat Ram. The arbitrators wanted to give an interim award On the 15th Sept. 1944 they sent a draft of the interim award with an application Under section 81 of the Stamp Act to the collector of Aligarh for his opinion as to the duty payable on the document. The Collector asked them to deposit a fee of Rs. 5. On the 13th December 1944 the arbitrators deposited the fee of rs. 5 and also sent the














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