Jatindra Mohan Deb Laskar v. Khara Sing - 1964 Supreme(Online)(Gau) 26

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1964 Supreme(Online)(Gau) 26

ASSAM HIGH COURT
C. S. Nayudu, J.
Jatindra Mohan Deb Laskar v. Khara Sing

Table of Content
1. issue of reliance on an insufficiently stamped promissory note. (Para 1 , 2 , 3)
2. discussion on case law regarding acknowledgment and evidence. (Para 4 , 5)
3. legal implications of sections 35 and 36 of the stamp act. (Para 6 , 7)
4. assessment of the evidence and acknowledgment of debt. (Para 8 , 9)
5. final ruling in favor of the revision petition. (Para 10 , 11)

1. The simple point that arises in this revision petition is whether a promissory note which is insufficiently stamped can be relied upon as evidence for any purpose under S.35 of the Stamp Act . The facts out of which this revision has arisen may be briefly noticed.

2. The opposite' party No. 1 in this petition brought a suit to recover a sum of Rs.600/- from the petitioner who, according to the plaintiff, had executed a promissory note in favour of the plaintiff's father for a sum of Rs.600/-. Opposite party No. 2 was added as defendant No. 2 on the 'ground that he was a member of the joint family of the petitioner - defendant No. 1. It would appear that on the death of plaintiff's father, there was a family partition in the family of the plaintiff under which the debt in favour of the plaintiff's fath