(1.) The Question
(2.) It was pointed out that as for this Court there is no decision on this point. Perhaps this justified the some what elaborate arguments in the case. Counsel for the respondent, Shri. Ajith Narayan, displayed considerable enthusiasm supplemented by energetic industry in ably presenting before the Court many strands of thought as are available from the decisions of the Courts in India and in England.
(3.) Relevant facts