L. J. Leach And Company LTD. vs Jardine Skinner And Company

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1957 Supreme(SC) 4

T.L.VENKATARAMA AYYAR, B.P.SINHA, P.N.BHAGWATI, SYED JAFAR IMAM, S.K.DAS
L. J. Leach And Company LTD. – Appellant
Versus
Jardine Skinner And Company – Respondent

Advocates:
C.K.DAFTARY, D.P.MADAN, H.D.Banaji, J.B.DADACHAN, M.N.GHAREKHAN, M.S.K.Shastri, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgement

VENKATARAMA AYYAR J. - This appeal arises out of a suit instituted by the appellants in the High Court of Bombay for damages for conversion estimated at Rs. 4,71,670-15-0. The suit was decreed by Shah J., sitting on the Original Side, but his judgement was reversed on appeal by Chagla C. J., and Gajendragadkar J. Against this judgment, the plaintiffs have preferred the present appeal on a certificate under Art. 133 (1) (a) of the Constitution.

2. Messrs, Maitland Craig Lubricants Ltd., is an American Company engaged in the manufacture and sale of lubricants. It carried on business in India with its head office at Calcutta and a branch office at Bombay. The second plaintiff, H. J. Leach, was employed during the years 1933 to 1935 in the Bombay branch of the said Company. Subsequent thereto, the Company closed its Bombay branch, and eventually wound up its Calcutta office as well, and thereafter its business was taken over firstly by Ewing and Company and then by the defendants. After he left the service of Maitland Craig Lubricants Ltd., Mr. Leach started business as seller of lubricants on his own account and was importing them through the defendants. On 6-6-1941, they ent

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Judicial Analysis

No cases have been explicitly identified as overruled, reversed, or treated as bad law based solely on the provided list. While numerous references mention the case of Leach and Co. Ltd. v. Jardine Skinner and Co. (AIR 1957 SC 357), there is no direct indication within the list that any subsequent decision has explicitly overruled or criticized this case as bad law. The frequent citations of the case in various contexts suggest it remains a foundational or frequently referenced case, rather than one discredited or overruled.

Many entries, such as those citing "Leach and Co. Ltd. v. Jardine Skinner and Co. (AIR 1957 SC 357)" with phrases like "the Court has held," "the Supreme Court held," "the decision in Leach & Co. Ltd. v. Jardine Skinner & Co. (AIR 1957 SC 357)," and references to subsequent cases affirming or relying upon it (e.g., SCC 2022 SC 1128, SCC 2008 SC 364), indicate that this case continues to be considered good law and is frequently followed or cited as authoritative on issues like amendments, cause of action, and judicial discretion.

Several references explicitly mention that courts have "declined" or "disallowed" amendments in line with principles laid down in this case, reinforcing its continued relevance.

There are multiple references to the case being cited in the context of amendments, limitation, and procedural discretion, but none explicitly state that the case has been questioned or criticized.

Some entries mention "the Court would as a rule decline to allow" amendments, which aligns with principles from Leach but do not indicate that the case itself has been overruled or criticized.

The absence of explicit language indicating overruling, reversal, or criticism suggests treatment remains consistent with respect to this case, but without detailed judicial opinions, treatment nuances cannot be fully ascertained.

Cases such as "Leach & Co. Ltd. v. Jardine Skinner & Co., AIR 1957 SC 357" appear repeatedly in various procedural contexts, suggesting it remains authoritative, but without explicit statements of treatment, their status as good law is assumed rather than confirmed.

VS FIRST ADDL D J NAINITAL

](https://supremetoday.ai/doc/judgement/02500034772) - Allahabad Waheeda Begum VS Md. Yakub - Andhra Pradesh C. HASHIM VS C. JASMINE - Kerala Safaul Rahman s/o Late Ashgar Ali VS Mohammad Khalil s/o Late Mohammad Hanif. - Jharkhand State of Uttar Pradesh VS Virat Construction - Allahabad KAILASHPATI DEVI VS JAMUNA PRASAD JAISWAL - Allahabad Kinder Jeet Kaur VS Karam Jeet Singh - Allahabad P. S. Kaicker VS Union Of India - Punjab and Haryana [RAIS AHMAD

VS ADDL DISTRICT JUDGE SPECIAL JUDGE ALIASE C ACTALIAS BUDAUN

](https://supremetoday.ai/doc/judgement/02500043543) - Allahabad Pravin Kumar Budhia. VS Amrit Kumar Budhia (since Deceased) Through His Lrs And Others - Punjab and Haryana Rangayya Gowder VS Narayanaswami Gowder - Kerala Ajendraprasadji N. Pande VS Swami Keshavprakeshdasji N. - Supreme Court Dayal D Shahdadpuri VS C. N. A. Exports Pvt. Ltd. - Delhi Union Of India VS Surendra Mohan Sinha - Patna Milkha Singh VS Parshotam Dass - Punjab and Haryana HARISH AHUJA VS C. S. REKHI - Delhi VINOD KUMAR VS CHETAN PRAKASH VERMA - Allahabad DAULATRAM AGARWALLA VS CHAMPALAL JUGRAJ - Calcutta RANVIR KOCHHAR VS MANI RAM - Himachal Pradesh KANAILAL DAS VS JIBAN KANAI DAS - Calcutta ASHOK KUMAR MATTA VS INDIRA GULATI - Delhi REMFRY AND SONS VS COMMISSIONER OF INCOME TAX VIII, NEW DELHI - Delhi Niyati Rani Datta VS State of Tripura - Gauhati DHARMENDRA KUMAR SHARMA VS SOMENDRA BABU - Allahabad State Of Haryana VS Roshan Lal Sharma - Punjab and Haryana CONTAINER MOVEMENT (BOMBAY) TRANSPORT PRIVATE LIMITED VS CAPITAL CARGO AND CONTAINER (INDIA) PRIVATE LIMITED - Delhi Ajendraprasadji N. Pande VS Swami Keshavprakeshdasji N. - Rajasthan PRAKASH SHARMA VS DELHI DEVELOPMENT AUTHORITY - Delhi Ajendraprasadji N. Pande VS Swami Keshavprakeshdasji N. - Rajasthan Rekha Rom VS Abhijit @ Biju Dey - Calcutta Ashiruddin Ansari VS Umar Ali - Jharkhand Sumitra Devi : Kajji Ram @ Kajja (since dead) represented by Malli VS Ram Krishna Asopa - Rajasthan Kailashpati Devi VS Jamuna Prasad Jaiswal - Current Civil Cases Pawan Kumar VS Rajinder Kumar - Himachal Pradesh MADHU SUDAN GUPTA VS DINESH GUPTA - Delhi Ram Lakhan Lohar VS Mantu Turi - Jharkhand Upashi Devi, wife of Late Haru Mahato VS Angurabala Devi, wife of Late Lalu Gorain - Jharkhand SEPC Limited (Formerly Shriram EPC Limited) VS V. S. Sunilkumar, S/o Sukumaran - Kerala VENTURETECH SOLUTIONS VS CONVEYORS INDIA FABRICATIONS PVT. LTD. - Madras Yumnam Ibobi Singh and others VS Yumnam Yaima Singh and others - Gauhati MAHAJAN SAHKARI AWAS SAMITI LTD. VS RESHAM SINGH - Allahabad RAJASHRI alias RAJANI U. BHAKTA VS MARIAELSA DENORONHA WOLFANGO DASILVA since deceased through LRs. ANTONIO S. C. PERERIA - Bombay Central Coalfields Limited VS Lilawati Devi - Patna Neeta Agrawal VS Shanti Rani Agrawal - Allahabad Manjur Mian @ Md. Manjur Alam VS Ahdil Mian - Jharkhand S. P. Santhelia VS State Of Bihar - Patna Neeta Agrawal VS Shanti Rani Agrawal - Allahabad Rajasthan State Seeds Corporation Limited VS J. K. Agri Genetics Limited - Rajasthan Sasidharan S/o. Paramu VS Sudarsanan S/o. Lakshmanan - Kerala BHARAT PETROLEUM CORPORATION LTD. VS PRECIOUS FINANCE INVESTMENT PVT. LTD. - Bombay Revajeetu Builders & Developers VS Narayanaswamy & Sons - Rajasthan Revajeetu Builders & Developers. VS Narayanaswamy & Sons - Orissa Neeraj Kumar vs Dasondhi Lal - Himachal Pradesh STATE OF U. P. VS ASHOK KUMAR - Allahabad Sunshine India Pvt. Ltd. VS Bhai Manjit Singh(Huf) - Delhi MOHD MUSTAHSAN SIDDIQUI VS RIJWAN AMRA - Allahabad Anil S/o Ramsing Bilawar VS Anita W/o. Gopal Kadam - Bombay Life Insurance Corporation of India VS Sanjeev Builders Private Limited - Supreme Court Firoz Uddin VS Anwar Uddin - Allahabad Prabhat Kumar Lala VS Jagdish Chandra Narang - Patna Md. Shahnawaz Khan VS Shaik Shajahan Hossain - Calcutta Microsoft Corporation VS Azure Knowledge Corporation Pvt. Ltd. - Gujarat Bashir Mohammed S/o Sheikh Daud @ Daddu VS Mohammed Saeed S/o Mohammed Saeed - Chhattisgarh Harish Relan VS Kaushal Kumari Relan - Delhi Standard Chartered Bank VS Andhra Bank Financial Services LTD. - Supreme Court KAILASH NATH VS XTH ADDITIONAL DISTRICT JUDGE, GORAKHPUR - Allahabad Mareddy Seetharathnam VS Siruvuri Venkatarama Raju - Andhra Pradesh Mareddy Seetharathnam VS Siruvuri Venkatarama Raju - Andhra Pradesh Larsen & Toubro Ltd. VS State of Andhra Pradesh rep. by its Principal Secretary (Revenue), Hyderabad - Andhra Pradesh

1957 Supreme(SC) 4

T.L.VENKATARAMA AYYAR, B.P.SINHA, P.N.BHAGWATI, SYED JAFAR IMAM, S.K.DASL. J. Leach And Company LTD. – AppellantVersusJardine Skinner And Company – Respondent

Judicial Analysis

T.L.VENKATARAMA AYYAR, B.P.SINHA, P.N.BHAGWATI, SYED JAFAR IMAM, S.K.DAS
L. J. Leach And Company LTD. – Appellant
Versus
Jardine Skinner And Company – Respondent