BOMBAY BURMAH TRADING CORPORATION LIMITED Vs. DORABJI CURSETJI SHROFF

JUDGEMENT

(1.) In October, 1902, this Bench dismissed a petition, presented under the Indian Companies (Memorandum of Association) Act (XII of 1895), on the ground that, no such resolution as the law requires has been passed. From this order the Company desires to appeal to His Majesty in Council.

(2.) In opposition to the application it was urged before us by Mr. Branson, first, that no appeal lay under the Memorandum of Association Act or under the Companies Act: secondly, that the pecuniary test had not been satisfied; and thirdly, that there was no substantial question of law.

(3.) To the first of these objections the answer appears to me to be that if there has been a decree, then there, is a right of appeal under the Code of Civil Procedure, subject to the conditions thereby prescribed. Section 594 of the Code, which is in the chapter regulating appeals to the King in Council, provides that in that "chapter, unless there be something repugnant in the subject or context, the expression decree includes also judgment and order." It seems to me clear that our order of October last falls within this definition of a "decree."