A document containing both an agreement for the dissolution of a partnership and a bond. Discuss the extent of liability of instruments to duty under the Indian Stamp Act, 1899 in this case.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
A document containing both an agreement for the dissolution of a partnership and a bond. Discuss the extent of liability of instruments to duty under the Indian Stamp Act, 1899 in this case.
Answer & Explanation:
Under Section 5 of the Indian Stamp Act, 1899 (the Act) an instrument comprising or relating to several distinct matters is chargeable with the aggregate amount of the duties with which each separate instrument, relating to one of such matters, would be chargeable under the Act. This section deals with multifarious instruments. The expression "distinct matter" means distinct transactions. It applies even where the two (or more) matters are of the same description. A document containing both an agreement for the dissolution of a partnership and a bond is chargeable with the aggregate of the duties with which two such separate instruments would be chargeable. The two are "distinct matters." ( Chinmoyee Basu v. Sankare Prasad Singh, AIR 1955 Cal. 561 ) The liability in the situations given will be in accordance with the above mentioned provision and case laws.
Topics: Indian Stamp Act
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