The All India Reporter 1942 - Journal Section Containing Short Notes and Comments Original Articles Critical Notes Reviews of Books Etc. Citation: (29) A.I.R. 1942 Journal

If on the other hand no such inference can be properly drawn—if the performance of the thing contracted to be done by the vendee was not the condition upon which the transfer was made but the engagement to do the thing was the consideration for the transfer the vendor having accepted that engagement has the very thing bargained for and cannot say that the consideration has not passed to him. [...] Taking the deposit of stock is also a waiver of the lien and notwithstanding the decision of the Master of the Rolls in (1813) 2 Ves & B 30615 holding that bill of exchange drawn by the vendee (and accepted by him and his partner did not waive the lien: the sounder doctrine and the higher authority is that taking the responsibility of a third person for the purchase money is taking security and ex [...] (The oral admissions as to the contents of a document are relegated to the category of secondary evidence under S. 22 Evidence Act. ) It follows therefore in such cases if the document which contains the whole of the terms of the agreement is not admissible in evidence a suit to recover the amount of the loan must fail because the plaintiff is not in a position to prove the debt. [...] The society or the member who gets the award has now a right of calling upon the Registrar to file the award in the Court and the party has also the right to ask the Court to pronounce the judgment in terms of award and to make a decree on it. [...] 100 or part thereof of the value of the share. )"1942 PROPER STAMP-DUTY 0 on the fact that under the Companies Act a transfer of shares is complete only on the transfer being lodged with the company and the same receiving the sanction of the Board of Directors of the Company and that as such the material date on which the value of the shares is to be assessed is the date on which the company comes