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1971 Supreme(All) 132

SATISHCHANDRA, A.K.KIRTY, S.P.SINGH
Narendra Bahadur Singh – Appellant
Versus
Chief Inspector of Stamps, U. P. – Respondent


Advocates:
S.B.L. Srivastava, Sidheshwarilal, for Applicants: Standing Counsel, for Opposite Party.

Judgement

SATISH CHANDRA, J.:- The Board of Revenue has referred the following two questions for decision by this Court:

"1. Whether the document is a dissolution of partnership-cum-three mortgages-cum-three releases as contended by the executants.

2. Whether the document amounts to a dissolution of partnership-cum-three mortgages-cum-three conveyances for Rs.48,000.00, Rs.45,000.00 and Rupees 13,000,00 respectively chargeable with the aggregate duties of three conveyances under Article 23 of Schedule 1-B the U.P. Stamp Amendment Act 1958 read with Section 6 thereof."

2. The document in question is dated 15th September 1960. It states that the four executants carried on business in partnership. The partnership has been dissolved with effect from 15th September 1960. The third party (Narendra Bahadur Singh) was given all the stocks, assets, and liabilities, including, all debts as per books of accounts of the firm. He was entitled to carry on the business under the old name and style. The other three partners were not entitled to or liable for the profits or loss of the business or for the liabilities that may be incurred by the third party (Narendra Bahadur Singh) hereinafter. In lieu




























































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