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    <title>1926 (1) TMI 6 - ALLAHABAD HIGH COURT</title>
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    <description>A hundi bearing an uncancelled one-anna stamp was held inadmissible in evidence because the Collector&#039;s endorsement after impounding did not attract the conclusive presumption under Section 40, which expressly excluded instruments chargeable with a duty of one anna. The endorsement was therefore not one made in accordance with the section, and Section 120 of the Negotiable Instruments Act could not bar challenge to the instrument&#039;s validity unless there was a properly stamped bill of exchange before the Court. The alternative contention that the plaintiff could sue independently of the hundi also failed because the plaint rested solely on the hundi. The challenge was open and the application was dismissed with costs.</description>
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    <pubDate>Wed, 06 Jan 1926 00:00:00 +0530</pubDate>
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      <title>1926 (1) TMI 6 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=302899</link>
      <description>A hundi bearing an uncancelled one-anna stamp was held inadmissible in evidence because the Collector&#039;s endorsement after impounding did not attract the conclusive presumption under Section 40, which expressly excluded instruments chargeable with a duty of one anna. The endorsement was therefore not one made in accordance with the section, and Section 120 of the Negotiable Instruments Act could not bar challenge to the instrument&#039;s validity unless there was a properly stamped bill of exchange before the Court. The alternative contention that the plaintiff could sue independently of the hundi also failed because the plaint rested solely on the hundi. The challenge was open and the application was dismissed with costs.</description>
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      <pubDate>Wed, 06 Jan 1926 00:00:00 +0530</pubDate>
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