High CourtsDivision Bench(1898) 02 MAD CK 0009

In Re: Reference under Stamp Act, Section 46

Madras High Court · Decided on 1 February 1898 · Citation: (1898) ILR (Mad) 422

HON’BLE JUDGES
Arthur J.H. Collins, C.J · Davies, J

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Judgment

5 paragraphs · 110 words
1.

The first case is clearly distinguishable from that decided in 1884--[Reference under Stamp Act, Section 46 ILR 7 Mad. 349 for there, there

was an absolute and unqualified disposition of property by way of gift. Here there was a provision merely for the life of the donee with reversion to

the settlor and his heirs. We think this document (No. 417 of 1897) is a settlement within the meaning of the Stamp Act.

2.

The other document No. 1364 of 1897 is certainly neither a settlement nor a gift. There was consideration other than that of marriage. We think

it must be treated as a conveyance and stamped accordingly.