AIR 1967 HIMACHAL PRADESH 29

Himachal Pradesh High Court

Hon'ble Judge(s): Om Parkash , J

(A) Stamp Act (2 of 1899) , S.36— "Where an instrument has been admitted in evidence"- Document can be said to have been 'admitted in evidence' if Court has judicially determined the matter of admissibility as soon as it is tendered in evidence and before it is marked as an exhibit - When no written statement is filed by defendant, no question of his examination under O.10, R.1 of Civil P. C. 1908, really arises and hence if in such a case a document unduly stamped is tendered in evidence and impounded as a bond without deciding the objection as to its admissibility in that examination it cannot be said that there was judicial determination of the matter of its admissibility - Hence objection to its admissibility is not barred by S.36. (1910) 6 Ind Cas 903 (Bom) and AIR 1961 SC 1655 and AIR 1957 Ker 105 and AIR 1949 Mad 300, Rel. on. Civil P.C. (5 of 1908) , O.10 R.1— (Para 5 6) (B) Stamp Act (2 of 1899) , S.2(5)(b), S.2(22)— "Bond" and "Promissory note" - Document from its language capable of falling within definition of bond u/S.2(5)(b) and within definition of 'pronote' u/S.2(22) - Maxim 'Specialia generalibus derogant' applies and document must be held to be taken out of more general definition u/S.2(22). AIR Commentaries on Stamp Act....