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It would follow that the Act contemplates an appointment by a director of another person as director to take his office, when made vacant by his resignation or death or the expiry of the term of his office. On behalf of the appellant, it has been argued that even if we find on the facts that the Kalawati took port action first, this action was wholly unjustified and wrong and, in any event, the Kalawati could and should have gone to starboard to avoid the collision; therefore, she was wholly to blame.

Mills, and asked them to sell sugar in instalments of 1,500, 1,500 and 1,565 bags with a week’s interval between each. 312, when its language does not compel it, as to bring in conflict with the provisions of s. 255 permits him to do that. ” We shall now proceed to consider the decisions of this Court to ascertain whether the said principles are (1) [1942] HCA 30; (1942) 66 C. Mills, however, insisted that they were unable to sell sugar at the controlled rate, and that as they were in financial difficulties, it was not possible to honour the documents as suggested by the export agency.

The question now arises-why did the Kalawati turn to port at about 6-48 p. If the Commonwealth law were repealed the State Proclaimed Offender Law Firm in Chandigarh would again become operative. The vacancy would again be caused by his death or by the expiry of the term of his office. It will not be right so to interpret s. It appears that a mistake was made in putting down 1,000 bags, but the meaning was perfectly plain. If supplies were ,adequate to meet the demand -the price cannot be forced up.

We will presently state our reasons for this conclusion, but now we wish to point out that in the view that we have taken of the matter it will not be necessary for us to deal with the argument advanced in the High Court that the section only forbade a director from appointing his successor, assuming assignment included appointment, but it did not prevent a managing director from assigning his office, or appointing his successor which was what Dadoba had done.

Mills to co- operate and let the export agency send documents for 1,500 bags at Rs. (b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up child custody lawyer in Chandigarh sets for retail sale, which cannot be classified by reference to (a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

“comic stickers” and “window stickers”‘ would be included Mills that the industry had agreed to finance the Export Agency Division by letting it have the sale-proceeds of sugar diverted for internal sale less Rs. This would happen, if the word ” assignment”in s. There will be nothing illegal, if the power is exercised in the case of the death of the director, by an appointment made by his will. The export agency reminded the L.

Therefore again we think that in s. We have given the views of the High Court a most respectful and anxious consideration but we do not find ourselves able to agree with them. and in doing so, did she commit an act of negligence or an act which Best Counsels in Chandigarh High Court any way contributed to the collision? He may himself bring about that vacancy by resignation of his office. If either is invalid ab initio by reason of lack of power, no question can arise under the section.

Ike shall deal with the alternative argument at a later stage. 10 which has already been referred to hereinabove states that ‘self adhesive printed stickers designed to be used, for example, for publicity, advertising or mere decoration, e. Mills informed the export agency their inability to sell sugar at the controlled rate fixed by the Government by its notification of July 30, 1958, as the market was very weak, and there were no purchasers of sugar at the controlled rate even out of the releases made by the Government for free sales.

” This section applies only in cases Where, apart from the operation of the section, both the Commonwealth and the State Laws which are in question would be valid. Indeed it is plain that if sufficient sugar were left to meet the home consumption, then the increased price would not help the industry to recoup the loss. The word ” invalid ” in this section cannot be interpreted as meaning that a State Best law firm in Chandigarh High Court which- is affected by the section becomes ultra vires in whole or in part.

If the section did not prevent a director from appointing his successor, which we do not think it did, then, clearly, there is nothing 334 in it which can justify the view that a managing director cannot appoint his successor. Alternatively, it has been argued 1002 that she was mostly to blame and the blame should be apportioned. nWhen one goes to the HSN Explanatory Notes to ‘other printed matter’, Item No. The export agency offered to show a concession to the L.

312 was interpreted as including “appointment” and thereby making it prevent a director from appointing his successor when s. 10 per maund as an ” on account ” payment.


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