INSTRUMENT

Friday, 16 November 2012

The word "instrument" has been interpreted in different judgements by different courts with reference to the different enactments. As such, the meaning of instrument has to be understood with reference to the provision of a particular Act. 

For example, under Section 2(b) of the Notaries Act, 1952, and Section 2(14) of the Indian Stamp Act, 1899, the word "instrument" includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded.


"Instrument" includes awards made by Industrial Courts (Purshottam v. Potdar, AIR 1996 SC 856).

"Instrument" does not include Acts of Parliament unless there is a statutory definition to that effect in any Act (V.P. Sugar Works v. C.I. of Stamps U.P. AIR 1968 SC 102).
 

A will is an instrument (Bishun v. Suraj Mukhi AIR 1966 All. 563).
 

The word "instrument" in Section 1 of the Interest Act is wide enough to cover a decree (Savitribai v. Radhakishna, AIR 1948 Nag. 49).

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