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1969 (1) TMI 74 - High Court Of Madras

1969 (1) TMI 74 - High Court Of Madras - TMI - Refd. Case 4 of 1964 - Dated:- 27-1-1969 - Anantanarayana Ayyar, Ramakrishnan, And Natesan, JJ. JUDGEMENT ( 1. ) The reference before us arises from the following situation and facts. There was a trading joint Hindu family, the assets of which were involved in certain protracted partition proceedings in A. S. No. 223 of 1959 in this Court from O. S. No. 97 of 1952 of the Court of the Subordinate Judge of Devakottai. By virtue of a decree of Court, C .....

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f the partnership firm, including Chidambaram chettiar as a member thereof. The partnership was created under this document clause (4) purporting to set forth the respective shares or interests of partners, and Clause (21) et seq admittedly providing for dissolution, for accounting etc. The chief Revenue Authority has raised the point that this document is liable to be charged as a conveyance under Article 23 of Schedule I of the Indian Stamp (Madras Amendment) Act, 19 of 1958, or that, even if .....

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these persons earlier agreed to form such a partnership, and that, even when Chidambaram Chettiar made a deposit in accordance with orders of Court and took possession from the receiver of the sugar Mills, Distilleries etc, viz. the deposit of ₹ 3,30,000, the other persons had already contributed their respective shares, so that the acquisition of the properties by Chidambaram Chettiar by virtue of the decree of Court must be held to be essentially, a joint acquisition by these persons, wi .....

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3. ) The learned Additional Government Pleader contends that, even where such document has expressly created a partnership, and even though the partnership firm is acquiring partnership assets, thereunder including the vendor as one of the partners, the document is liable to duty as a conveyance, on the principle of the decision of the Full Bench in Sahaya Nidhi (Virudhunagar) Ltd. v. Subramania nadar (FB ). Delivering the judgment on behalf of the Bench viswanatha Sastri, J. , observed (at page .....

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nership Act. The short point therefore, is whether the document will bear the construction that it is a conveyance, and whether this argument of the learned Additional Government pleader is well founded. ( 4. ) Upon this, we are of the view that this is not a conveyance and cannot be construed as such. It is only a deed of partnership, and, as such, it is dutiable under Article 46 of Schedule I of the Stamp Act. There are two related aspects of reasoning, upon which this matter must be held conc .....

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conducted at the mill belonging to him, and he was credited in the books of the partnership with the value of the Mills. Jessel M. R. said that it made no difference that his contribution was in the form of mill and machinery, and not in the form of money. The property, therefore, became the property of the partnership. On the same principle of Section 14, we have the decision of the Full Bench of the Calcutta High court in Premraj Brahmin v. Bhaniram Brahmin, ILR 1946-1 Cal 191 and the learned .....

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