Judgment

HIDAYATULLAH, C.J.I. :- This judgment shall dispose of Civil Appeals 564-571 of 1968. Of these, four are against the common judgment and order of a Division Bench of the Calcutta High Court, December 10, 1963, dismissing 4 appeals (139-142 of 1959) from the order of a learned Single Judge, April 23, 1959 in Writ Petitions 159-162 of 1958. The remaining four appeals are against the order, November 24, 1964, refusing to certify the case as fit for appeal to this Court under Article 133 (1) of the Constitution.

2. The facts are as follows: One Dalchand Singhi held a prospecting license in the earstwile Korea State (now in Madhya Pradesh). His son Bahadur Singh Singhi took a mining lease and started a colliery known as Jhagrakhand Colliery. In 1942 a private limited Company called the Jhagrakhand Collieries Ltd. was started with an authorised capital of Rs. 24 Lakhs (2400 shares of Rupees 1000 each.) Bahadur Singh divided equally the 2400 shares between himself and his 3 sons Rajendra Singh Singhi, Narendra Singh Singhi and Birendra Singh Singhi. In 1943 the colliery business and its assets were transferred by the joint family to the Company. In 1944 the father and his 3 sons s