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1971 Supreme(Online)(Bom) 6

BOMBAY HIGH COURT
S. R. Rane, J
Santdas Moolchand Jhangianiand v. Sheodayal Gurudasmal Massand


Advocates:
For the Applicants:
For the Respondents: Mr. Padhye

Table of Content
1. initial formation and context of partnership and dissolution. (Para 1 , 2 , 3)
2. analysis of the deed's terms and obligations. (Para 4 , 5)
3. interpretation principles regarding fiscal statutes. (Para 6 , 7 , 20)
4. conclusion on the correct stamp duty from the deed of dissolution. (Para 21 , 27)

1. This is a revision application against an order dated 2nd December, 1969, passed by the learned Civil Judge, Senior Division, Nagpur. By this order he has decided a preliminary issue, being issue No. 8 in the suit, as to whether the document which the parties described as a deed of dissolution of partnership, or, in so far as it pertained to payment of certain amounts of money by the continuing partner to the outgoing partners, it was also a bond within the meaning of S.2(c)(ii) and Art.13 of Schedule I of the Bombay Stamp Act, 1958 .

2. The two plaintiffs and the defendant entered into a partnership under a deed of partnership dated 11th June, 1960 and carried on partnership business in Nagpur and Bhopal in the name and style "Messrs. Oriental Engineering Company". They decided to dissolve this partnership with effect from 1st April, 1966, settle the accounts of the pa



























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