Report No. 101

3.5. Criticism of the case of 1973.-

However, with respect to the last part of the passage quoted above from the judgment of the Supreme Court (Bank Nationalisation Case), we should point out that the judgment was concerned with wrongs done to members as members of companies. It did not deal with the question how far the fact that the members were acting through newspaper organisation made a difference in the position of the organisation. We are making this comment in order to emphasise the fact that the position on the point at issue has, if anything, become less certain now than before, in view of the various judicial pronouncements, the important amongst which have been summarised senatim above.