Once that was completed he would ply his informant with questions as to where he got this information, what the information exactly was, what properties had been sold, what the consideration was, and other connected questions. He may consider it unwise to ask his informant any further question before making the first Talab, i. Even more important was the question of probability as regards the story of the plaintiff's reaction when the information is said to have been given to him.

There cannot be any two opinions on this question. He told Jagdamba Babu that he would go to make talab-e- isthashad and asked him to accompany him. We have stated earlier that s. Whatever may be considered a reasonable time under the circumstances of the case, the setting up of that time limit did not prescribe any condition for the carrying out of that undertaking and the undertaking was absolute interms.

If that undertaking imported any liability on the appellant the liability had already accrued on the dates of the deeds of sale, though that liability was to be discharged at a future date. We shall first read the unamended section, the provisions whereof were in force at the time relevant to these appeals. In this case, according to the evidence of Jadunath no such questions were asked by the plaintiff. While they were boarding the tandom Jai Prakash Narayan came that way.

144 of the Revenue Code on failure of the taluqdar to pay the assessment (Tulla Sobharam Pandya v. There is no doubt that the undertaking to carry out the developments within six months from the dates of 193 the deeds of sale was incorporated therein and that undertaking was unconditional, the appellant binding itself absolutely to carry out the same. and an insurer to whom notice of the bringing of any such proceeding is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:- (a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and 23 178 that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the certificate has been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of sec- tion 105; or (b) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:- (i) a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire on reward, or (b) for organised racing and speed testing, or (c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a public service vehicle or a goods vehicle, or (d) without side-car being attached, where the vehicle in a motor cycle; or (ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or, (e) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular.

We do not think that it is necessary in the present case to consider those questions. 10 of the Banking Companies Act, 1949. The Collector of Kaira (5)). We shall later read also the amended section in connection with an arguement presented on behalf of the Bank employees that the Banking Companies (Amendment) Act, 1956 (XCV of 1956) was not remedial in nature but was declaratory of the law as it always was.

It was not dependent on any condition being fulfilled or the happening of any event, the only condition being that it was to be carried out within six months which in view of the fact that the time was not of the essence of the contract meant a reasonable time. It was thus an accrued liability and the estimated expenditure which would be incurred in discharging the same could very well be deducted from the profits and gains of the business.

If the legislature intended that the order should have that effect, it would have provided for personal, or, at any rate, public notice to the purchasers, or would have given in express terms such a binding effect; and the fact that it did not do so is a clear indication of the legislative intention that an incidental finding was not intended to have such a far-reaching effect. 10 of the Banking Companies Act, 1949, hereinafter called the Banking Act, was amended in 1956.

Both Jadunath and Jagdambi say that the plaintiff was startled on getting information of the sale and at once uttered the words which have been set out already of the Talab-E- Mowsibat. 215 We now proceed to a consideration of the more important question, as to the effect of s. The Secretary of State for India(4)) or the effect of an attachment of the village under s. We were also addressed at some length on the effect of the relinquishment of his land by the taluqdar in favour of the Collector (Nathuram Hiraram Thakur v.

What would a man of ordinary prudence-not to speak of the man of property and with experience of previous litigation like the plaintiff-would do under such circumstances ? In his examination-in-chief, Jadunath says:- 676 " He (plaintiff) asked his syce to bring his tandom.