1935 (5) TMI 25

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....t. JUDGMENT Hargopal the appellant, a Barrister of Gujrat, applied to the Peoples Bank of Northern India, Limited, on the 3rd June, 1926 asking for an allotment of 150 shares in the Bank worth Rs. 100 each. The application was made on a printed form, but he added to the printed words the following sentence in his manuscript:- "This purchase of the shares is subject to the condition that I....

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.... decree for Rs. 450 on the 18th January, 1932. Meanwhile on the 29th September, 1931 the Bank had suspended payment. On the 14th July, 1932 Har Gopal instituted the suit from which this appeal arises for a declaration that he was not a shareholder in the Bank. His case was that his application for shares was conditional on an undertaking by the Bank that he would be appointed a permanent director ....

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.... and not only accepted dividend, but enforced his right to receive it, he was not competent afterwards to rely upon the non- performance of the condition precedent. The ruling cited is strong authority in support of the lower Court's decision. It was there pointed out that even if the condition on which an application for shares was a condition precedent in may be shown by evidence of conduct t....