Form E See Rule 7 (3) Second Appeal Under Section 19 (3) Of: Fill & Download for Free

Note: This beast of a guide is 4,500. To download a pdf version to read later, click here.Think you have a book in you?We’ve all heard the overly quoted statistic.81% of the population wants to write a book, but only 1% actually does.In 2016, writing and publishing a book isn't only possible, but it’s easier than it's even been before.There’s something amazing about being able to say you've written a book. Your self-esteem goes up. When people know you’ve written a book they have more respect for you. It can add credibility to your career or business.When I received a proof copy of my first book, the feeling was euphoric. I felt a mixture of pride and disbelief.I created this.Once you've published your first book, you can to stand proudly among the 1% who has done it, your bucket list has one less item, and at minimum you get a cool souvenir.If it’s halfway decent you'll earn a profit. You write the book once and it continues to pay each month (even though sales will likely drop after a few months, which is why many successful self-published authors write multiple books).The bad news? Books aren’t exactly easy to write. In order to write one, you’re going to need to have a healthy writing habit. You’re also going to have to come to grips with the fact that your first draft is going to suck and will need to be rewritten several times.Even the polished, final version of your book won't be that good.That's okay. Your first book is for learning. This isn't going to be one of those cheesy "Write Your Book in 7 Days and Sell 1,209,283 copies," type of posts. It's just me sharing what I know from experience.Don't expect your first book to sell 10,000 copies, make the New York Times Best Seller List, and launch your career into the stratosphere. It's not going to happen. But if you become a better writer and publish more books, your income will grow.Regardless of the results, the process is worth it. I’ve met a bunch of self-published authors with varying success, and 100% of them are happy with their choice to write and publish their first book.If you're thinking about writing a book, you should write one.Setting ExpectationsI've seen some authors sell a decent amount of books their first try. I don't personally know any who had breakout success with their first book. Your first book is an experiment and a learning process. If you go into the process with unrealistic expectations you'll end up disappointed.It's important to understand what you want and what your goals are for your career as an author. Some just want to cross writing a book off of their bucket list. Others want to turn it into a full time living. Some use their books as launching pads for a business.I've broken down the author types into three different categories. Each category requires a certain level of commitment, both mentally and financially.Figure out which one you are (or aspire to be) and plan accordingly.Author Type # 1 – The Laborer of LoveThe laborer of love has dreamed of writing a book for a long time. Of course they'd like their book to sell, but it's not their main reason for writing the book. They just want to be able to say they did it. At this level, you don't have to break the bank on cover design, editing, and marketing.Budget Range - $300-500Author Type # 2 – The Serial WriterThis is the type of person who writes multiple books in order to make a full-time living as an author. They write quality books, but they keep tight deadlines to write multiple books a year. They take pride in their writing, but they're more business minded and aren't hoping to become the next Hemingway.Most successful self-published authors fall into this category.Steve Scott is a great example. He started writing short books (20-30k words) every 3 weeks. He now makes north of half a million dollars per year in royalties after having written more than 60 books. He used his platform and authority as an author to pursue more business ventures, but book royalties are his main revenue source.Joanna Penn is another great example. She's published 19 books -- half fiction and half non-fiction. She says that “none of her books are breakout hits,” but the cumulative amount of royalties added up to nearly six figures in the past year.Lastly, take a look at the income reports from serial author Michael Stawicki. He waited a year before publishing the reports to give a clear view of the struggles he faced early on. In his first few months he made little money and even lost money some months.Now, according to NYT Bestselling Author Kevin Kruse, Stawicki "makes more money than 75% of self-published authors."When you read statistics about self-published authors not making much money, the data often includes writers who only write one book.You're definitely not going to be able to make a full-time living from one book if you don't already have a huge audience. I'd be interested to see the numbers for serial authors who dedicate themselves to publishing multiple books. I bet the numbers are more favorable.I plan on writing a new book every 4-6 months. I take my reputation as an author seriously. I want to write quality books, but I want to move towards a full-time living too. This schedule gives me enough room to make those cumulative sales but also gives me enough time to produce quality work.Sales for my first book have averaged anywhere from $225-$300 per month. Not exactly "swimming in money," but I did make a profit and I imagine with several books published the monthly figures will start to grow.I personally know an author who has written about 30 books, which enabled him to write full time. It seems like it's not only possible, but also feasible to make a living as an author with the serial book writing strategy. It doesn't take master level writing skills. It just takes work, diligence, and patience.Authors on this level spend more on quality editing and design. They also spend a lot on advertising for their book launches.Budget Range - $500-1,000Author Type # 3 – The AuthorpreneurThis is the Holy Grail for aspiring writers. This is when your hard work and persistence pay off and you’re able to make more than just a comfortable living through your writing. The Authorpreneur takes the credibility they’ve gained from their books and leverages it to make money in other ways.Their income streams include:Online coursesSpeaking engagementsAffiliate incomeSponsorship(High amounts of) book royaltiesAt this level, the author usually has a very large following (10,000 to 100,000+ email subscribers). Once you have a large audience it's hard to fail.Got a new book out? Send an email to your subscribers and sell 1,000 copies on day one.Launch an online course? You can convert at .5% and still make a king’s ransom.I can’t speak on exactly what it takes to get there because I’m not there. But here are some things I can safely say about making it to this level.You have to work hard.You have to build a large email listYou have to develop relationships with influential people.Most of the writers I’ve noticed on this level have been at it for 5-15 years.While this is an ideal goal, if you set your sights on this level too early you’ll burn out. If you compare yourself to these people you'll feel insecure. If you blindly copy their techniques they won't work.Take it one book at a time, use blogging and book writing to build your following, develop trust and rapport with your audience, and be patient.The only reason I included this author level is to give you something to aim for long-term. This is my long-term goal, and I keep it in the back of my mind when I feel like giving up.It's my dream. It might be yours too.It's extremely difficult to pull off. Anyone who tells you it isn't is lying to you. But if it's your dream you should move towards it and believe in yourself.Authors at this level have major book launches that cost a lot of money. Usually they'll have contract with a publishing house.Self published authors at this level spend a lot of money on design, editing, and marketing. James Altucher, author of Wall Street Journal Bestseller, Choose Yourself, spent $31,000.00 to publish his book. It went on to sell more than 350,000 copies.Platform or no Platform?A platform means having a group of people who've given you permission to communicate with them. An author platform usually consists of a blog and an email list. Having an email list of people who you can market your books to increases your chance of success.Seth Godin says you should start marketing your book "three years before it comes out," by building a platform.If you’re in the labor of love camp, then don’t worry about having a large audience before you launch. For all other types, you might want to consider building a following before you launch first book.When I wrote my book, I had no following. If I had a bigger following at the time the book would’ve succeeded on a higher level.Here’s the thing – when you don’t have your own following, you’re relying on the book retailers and advertising companies to promote your book. This can only take you so far.Every single book I’ve seen succeed on a large scale was by someone who had an email list.So how large is large? Well, it depends on who you ask. Some authors have 100,000 email subscribers. Some have a few hundred.It's more important to have engaged email subscribers than it is to have a large email list with people who aren't interested in you or your work.Taylor Pearson, author of The End of Jobs, sold 5,000 copies in his first month with just 700 email subscribers. He had a couple of things going for him.The book was well written.He had a great professional network established prior to the book release.He had an insanely good marketing plan.A smaller email list with high engagement can help your book sell if you use smart marketing like Taylor.Right now I have around 1,400 email subscribers. I’d like to see that number in the 3,000-5,000 range when I launch my new book at the end of the year.The value of having email subscribers is that they can help your book get the “lift,” it needs to succeed on Amazon and other platforms.If your launch goes well and you get a high amount of sales during your first few weeks, Amazon will help you market your books by recommending them to customers.They’re in business to make money too, so if they see that a book is already doing well, it makes sense for them to promote the book too, because they get a commission from every sale.If you just want to get your feet wet in publishing, you can start with no following. If you’re looking to play with the big boys and girls, work on building a following first.I might come out with a list-building guide in the future, but there are several bloggers who can do the subject more justice than I can.Here are the best resources on the Internet for building your email list:Free Resources:Video fruitSmart passive incomeJeff GoinsPaid Resource:Serious list building for authors[callout]If you're deciding to work on building your blog following and email list first, you can always click here to save this guide for later when it's time to start writing.[/callout]The Nuts and Bolts of Writing a BookAlright. After that long-winded introduction I’m sure you want to know how to actually write the damn thing.This is the process I used to write my book. I’m not saying it’s the best way. It’s just the way I learned how to do it.Step 0 - (Optional) Research PhaseIf you're worried about your book being low quality because it lacks due diligence and research, by all means take the time to research first.Depending on the subject of your book, research may be necessary. Once you've pinned down your idea, you can decide if you want to do research for your book.I read a lot. So before I even had the idea for my first, I'd been collecting and organizing information I read in various books.I used the "note card technique," to research and collect information. I learned about it from best selling authors Ryan Holiday and Robert Greene. You can read about the entire process in detail here.It helped to have a stack of quotes, facts, and anecdotes to draw on before I got started on writing the book.The collection of facts and quotes I used to write my first book.Patience is key when it comes to creating quality work. If you want your book to be more authoritative, it's smart to make it well referenced. But if you're writing something like a memoir or fiction then research isn't necessary.Step 1 – The IdeaIf you have an idea for a book already, skip to step two.If you don't know what you want to write about, here are some primer questions to help get you started:What can you talk about with ease?For me, living a strength based and purposeful life was something I always talked about.What do you like to read?If you don’t like to read, then you shouldn’t write. Period. I love to read books about personal development, business, psychology, spirituality, and marketing.What’s your worldview?I learned this exercise from popular author Jeff Goins. He says to create a worldview statement to get a focus for the subject of your writing. The statement goes like this: all _____ should ______. Mine ended up being: All people should use their natural talents and strengths to become successful.What pisses you off?The fact that people blindly follow the rules of society pisses me off.Using these questions and other similar questions can help get your ideas flowing. If you're still stuck, try writing down 10 book ideas per day for a week. After a week, take a look at what you came up with and narrow it down to a broad subject you can write about.It’s better if you’ve given your book idea some serious thought before you write it, but I also don’t want you to suffer from “analysis paralysis."Your first book probably won't be great. You might as well ship it and learn something along the way.This is my philosophy.I’m not from New York, nor am I a stuffy, elitist writer, so I don’t really care about anything related to the word “literary.” I just want to see people grow and share their thoughts with the world.Step 1a – The Mind MapThe mind map is basically a brain dump of everything you can think of to include in a book about the topic you’ve settled on.I take the main subject, write it down, circle it, and start branching ideas off of it.The ideas branching off of the main circle may end up being chapters or sections of chapters, but at this point is doesn't matter. The entire purpose is to get down everything you can to see if there’s enough “meat,” there for a whole book.Some people like using post it notes and large sheets of construction paper to write the mind map on. There's also mind mapping software you can use if you like.I set a timer for a half an hour to do my first round of mind mapping. Then I step away from it for a while and come back for a second round. I'll sleep on it for a day then repeat the process one more time.For your first book, you can move quickly on your ideas, and a couple of rounds of mind mapping should be enough to get you started.When you move forward in your author career, you'll have a more elaborate thought process and you might let ideas marinate for months, even years, before you make the decision to start writing a book.Slower thought processes will lead to higher quality work, but in my opinion, you want to get that first book out there simply to get the "write a book monkey," off your back.Step 2 - OutlineOnce you have your mind map complete, you need to turn it into an outline.To create your outline, start grouping similar topics on your mind map. You'll start to notice patterns with the your ideas and they'll start to form into chapters and sub sections. There are a couple of different ways you can structure your book.FictionFiction books usually follow a three-part story arc. There's the introduction/plot formation phase, the climax, and resolution. I know absolutely nothing about writing fiction so that's all I can say to that.Non-FictionHere's a general outline for structuring a non-fiction book.The chapter and section structure is easy to follow and it's neat. It looks like this:[Chapter A]Section ASection BSection CSection DIt's the one I would recommend to first time authors.Take your mind map and organize the ideas into chapters and sections.Take the ideas that are similar to one another and group them together. Each of the groups becomes a chapter, with each individual idea within a group becoming a section of the chapter.This won't be the final version of your outline, but it's enough to get started. You'll find out that by the time you're done with the finished product, it won't resemble what you started out with.Step 3 - Writing the Rough Draft (30-90 Days)Here comes the fun part!If you have the outline of the book nailed down, the writing shouldn't be too difficult. Coming up with good ideas is the tricky part, but once the outline is complete and you have a good grasp on the subject you're good to go.When writing my first book, I repeated the mind mapping and outlining process for each chapter. I did this because I wanted to draw out any new ideas.You're not going to flesh everything out in your initial mind map and outline, so it's probably a good idea to see if there's anything else you can add.For example:Let's say my outline for Chapter A looks like this:[Chapter A]Section ASection BSection CSection DI'll go through the mind-mapping phase again for 10-15 minutes. After that, I'll re create the outline for the chapter and it might look something like this:[Chapter A]Section ASubsection ASubsection BSubsection CSection BSubsection ASubsection BSubsection CSection CSubsection ASubsection BSubsection CYou get the idea.The more you can flesh out ideas and structure before you start writing, the easier it will be.Rules For Writing Your Rough DraftDon't Edit Anything - Your first draft is going to suck big time. The whole purpose of the draft is to get your ideas on paper and to see if you have enough there for a book. If you self-edit while you're trying to write your rough drat, you'll end up in "self-editing hell," and run the risk of never finishing your book. I've seen this happen to several authors. They get bogged down in editing purgatory and never escape.Write every day - Your rough draft should be written in "rapid writing mode." If you write every day, you'll be able to complete a rough draft of your manuscript in 30-90 days depending on the length of the book. I set a goal of 1,000 words per day for my draft, but it's up to you to decide your pace. I wouldn't go lower than 500 words per day. I'd also suggest writing at the same exact time every day too. It helps build a habit.Don't look things up while you write - If there's a fact or quote you're looking to insert, you can find it later. Just leave yourself a note in the text e.g. [Insert statistic here] and come back to it on your second time through.Concentrate - This goes without saying, but you shouldn't surf the web and check your phone during scheduled writing time. Whatever time block you dedicate to your writing should be done in a state of absolute focus.Have fun! - Writing your first book will be one of the most exciting times in your life. Every day of the rough draft phase was a blast for me. You have several headaches ahead of you, so enjoy the rough draft phrase.Step 4 - Read Your Book Out LoudYou're going to end up editing your book multiple times before you send it off to a professional editor.In the first editing phase, you're going to read the entire book out loud to yourself. Why? Because you'll catch tons of phrases that sound weird and don't make sense grammatically.Some people like to print out the entire book and mark it up with a red pen. I made edits in real time on a word document. It's up to you.Step 5 - Editing Phase 2 - The Chopping PhaseDuring this editing phase, you're going to want to go through and take a hard look at the structure of your book, the concepts in it, and the way it reads.Writing is always the easy part. It's difficult to cut out portions of your book, but it's necessary.Remove any unnecessary sentences, paragraphs, sections, or entire chapters.I tried using some posts form my blog in my first book. Some of the ones I included didn't fit the subject matter well or they interrupted the flow of the book, so I removed them.Many sentences were removed. If I repeated myself I removed the sentence. If the sentence was "fluffy," and didn't do much to support the topic I removed it.As a rule of thumb, you should remove at least 25% of the book. There's no way it's good enough to need less editing than that.After you've removed a good portion of the book, go back to the beginning and add some flare or expand on topics you might have glossed over.Step 6 - Editing Phase 3 - Beta ReadersBeta Readers are a group of people who agree to read the semi-finished draft of your book. I reached out to other authors I knew as well as friends of mine to read my manuscript.Beta readers will help you catch any spelling or grammar mistakes in the book and they'll also make comments on the overall structure and provide input for improvements.There's also another benefit to having beta readers. When you're book is published on Amazon, you can ask them to review the book.Reviews are important when it comes to marketing your book for a couple of reasons:Amazon uses reviews as a part of it's ranking algorithm.Reviews provide social proof. If a random buyer sees your book with a lot of reviews they're more likely to buy it.Certain advertisers require your book to have a handful of reviews before they'll allow you to use their services.Once you've received feedback from your beta readers you can work on finishing the final phase of your manuscript.Step 4 - The Polishing Phase (1-2 Weeks)In this phase you can incorporate the feedback you received from your beta readers and look through your manuscript to see if there's anything missing.Does your book flow well from chapter to chapter?Is your voice consistent throughout the book?Can anything be added to make it better -- stories, statistics, or concepts?You want to the book to be as complete as possible before you send it off to an editor. You also want to read through it a couple of times to catch any spelling or grammar mistakes before it's sent off.You're hiring an editor because they're supposed to catch every mistake, but you want to do your part in making sure it's checked as thoroughly as possible.Step 5 - Send Manuscript to EditorIf you're serious about your book becoming a success, professional editing isn't optional. If your book has spelling or grammar errors it will turn people off. Even worse, they'll leave you bad reviews on Amazon.There are two different types of editing -- copy editing and developmental editing.Copy editing is only for spelling and grammar mistakes.With developmental editing, you collaborate with an editor to make sure your book has a strong narrative and reads smoothly. Developmental editing can turn a good book into a great book, but it's expensive. Good developmental editing will cost you thousands of dollars.The choice is yours, but for your first book you might want to stick to simple copy editing. When you have a book or two under your belt, you can work with a top-notch editor to work on your NYT bestseller.You can find an editor on freelance websites like freelancer and upwork.These sites allow you to post a job listing where different freelancers can bid on your job and give you estimates of how much it will cost to complete.It's important to set your budget beforehand and also make sure you set a clear deadline for how long you want the editing to take.Most editors charge by word count. Some charge per hour (try to get a fixed price if they say they're hourly.) Don't be afraid to negotiate. A good copy editor will cost you a couple hundred bucks.So what do you do while your book is being edited?When you're book is being edited, you can start to search for a cover designer. Your book cover is definitely something you don't want to pinch pennies on. When it comes to books on Amazon and other online retailers, they're definitely judged by their covers.If your cover looks unprofessional, people will pass on your book. You also want to make sure your cover looks good as a thumbnail image. With the cover for my first book, the subtitle was too small and was hard to see in thumbnail version. Unfortunately I didn't realize it until it was too late. Here are some great examples of well-designed book covers with appealing lettering.You can go for a more graphic heavy style if you want, but the ones I've seen do well usually have crisp lettering and eye-catching colors.Prices for book covers can range anywhere from $100-$1,000. For your first book, get something nice but don't break the bank.Here are some resources for finding book cover designs:archangelink.comhappyselfpublishing.com99designs.comStep 6 - Incorporating Feedback/ Final EditWhen you receive your manuscript back from an editor, you might be taken a back at the amount of suggested changes. I've seen some authors get really upset at the comments and suggestions they've gotten.Keep a few things in mind when you're looking at feedback from an editor:This is their job. If they make a suggestion it's based on solid knowledge and experience.They want your book to do well, which is why they made the suggestions.It's not personal.Ultimately, it's up to you to decide whether or not to accept your editor's changes. Of course you'll want to correct the grammatical errors they found, but if they make some suggestions about structure or subject matter you have the power to make the final decision.Once you've completed making the changes, you're going to want to read over the manuscript over a few more times to make sure it's juuust right. I'd set a limit at 3 -- you don't want to fall into self editing hell.After your book is edited, you want to hire someone to format your book so it can be uploaded to Amazon and other retailers. You can use the freelancer sites I mentioned before to find someone to format your book.Picking a TitleI didn't really like the title of my first book (The Destiny Formula), and the subtitle was way too long (Find your purpose. Overcome Your Fear of Failure. Use Your Natural Talents and Strengths to Build a Successful Life.)The best advice I've heard for choosing a title is to make sure it clearly communicates what your book is about. It should also be succinct. Don't try to be too cute or clever. You also want to use your sub-title to explain the benefits of your book.ConclusionI was going to dive into a section on how to publish your book on Amazon, but that will likely require another 4,500 word guide just to explain it. I'll leave you with these parting thoughts.Writing your first book will be one of the most awesome/scary/anxiety ridden/fantastic/stressful/joyous/at times miserable parts of your life. It's an emotional roller coaster that's well worth the price of admission. Remember to have fun. Your first book isn't going to sell a bunch of copies. Keep your expectations low. Enjoy the process of growing as a writer. Begin plotting the idea for your next book.My book was released in January and I'm just now starting the work for my second book. If I could go back in time I would begin writing my second book right after I finished marketing my first. I made a nice little profit form writing one, but in order to reach my goals I'm going to have to write more. The good news is they'll be higher quality each time and my audience will be larger each time.If you're serious about becoming a full-time writer, I suggest you get started on the process.P.S.If you're really serious about learning how to write, publish, and market your first book, there are paid resources to teach you how.Self Publishing School has helped hundreds of authors publish their first book. I took the course and I made every penny back and then some. They have two different options -- pro and master level. The master level includes 8 one hour coaching sessions, but it's much more expensive.Here's a link to a free video series that explains what the course is about. If you like what you see and decide to buy the course, I'll give you unlimited coaching sessions with me for free. It's an affiliate link, so I do make a commission on the sale at no extra cost to you.If you have questions about the course prior to purchasing feel free to email me at [email protected]

Jogendra Nath Mandal wrote this resignation letter to the the Prime Minister of Pakistan Liaquat Ali Khan and It seems perfectly self explanatory as to why he chose to return to India. Sourced from Resignation letter of Jogendra Nath MandalMy dear Prime MinisterIt is with a heavy heart and a sense of utter frustration at the failure of my lifelong mission to uplift the backward Hindu masses of East Bengal that I feel compelled to tender resignation of my membership of your cabinet. It is proper that I should set forth in detail the reasons which have prompted me to take this decision at this important juncture of the Indo-Pakistani subcontinent. It is to share just a truth1. Before I narrate the remote and immediate causes of my resignation, it may be useful to give a short background of the important events that have taken place during the period of my co-operation with the League. Having been approached by a few prominent League leaders of Bengal in February 1943, I agreed to work with them in the Bengal Legislative Assembly. After the fall of the Fazlul Haq ministry in March 1943, with a party of 21 Scheduled Caste M.L.A.s, I agreed to cooperate with Khwaja Nazimuddin, the then leader of the Muslim League Parliamentary Party who formed the Cabinet in April 1943. Our co-operation was conditional on certain specific terms, such as the inclusion of three Scheduled Caste Ministers in the Cabinet, sanctioning of a sum of Rupees Five Lakhs as annual recurring grant for the education of the Scheduled Castes, and the unqualified application of the communal ratio rules in the matter of appointment to Government services.2. Apart from these terms, the principal objectives that prompted me to work in co-operation with the Muslim League was, first that the economic interests of the Muslims in Bengal were generally identical with those of the Scheduled Castes. Muslims were mostly cultivators and labourers, and so were members of the Scheduled Castes. One section of Muslims were fishermen, so was a section of the Scheduled Castes as well, and secondly that the Scheduled Castes and the Muslims were both educationally backward. I was persuaded that my co-operation with the League and its Ministry would lead to the undertaking on a wide scale of legislative and administrative measures which, while promoting the mutual welfare of the vas bulk of Bengal's population, and undermining the foundations of vested interest and privilege, would further the cause of communal peace and harmony. It may be mentioned here that Khwaja Nazimuddin took three Scheduled Caste Ministers in his cabinet and appointed three Parliamentary Secretaries from amongst the members of my community.SUHRAWARDY MINISTRY3. After the general elections held in March 1946 Mr. H.S.Suhrawardy became the leader of the League Parliamentary Party in March 1946 and formed the League Ministry in April 1946. I was the only Scheduled Caste member returned on the federation ticket. I was included in Mr. Suhrawardy's Cabinet. The 16th day of August of that year was observed in Calcutta as 'The Direct Action Day' by the Muslim League. It resulted, as you know, in a holocaust. Hindus demanded my resignation from the League Ministry. My life was in peril. I began to receive threatening letters almost every day. But I remained steadfast to my policy. Moreover, I issued an appeal through our journal 'Jagaran' to the Scheduled Caste people to keep themselves aloof from the bloody feud between the Congress and the Muslim League even at the risk of my life. I cannot but gratefully acknowledge the fact that I was saved from the wrath of infuriated Hindu mobs by my Caste Hindu neighbours. The Calcutta carnage was followed by the 'Noakhali Riot' in October 1946. There, Hindus including Scheduled Castes were killed and hundreds were converted to Islam. Hindu women were raped and abducted. Members of my community also suffered loss of life and property. Immediately after these happenings, I visited Tipperah and Feni and saw some riot-affected areas. The terrible sufferings of Hindus overwhelmed me with grief, but still I continued the policy of co-operation with the Muslim League. Immediately after the massive Calcutta Killing, a no-confidence motion was moved against the Suhrawardy Ministry. It was only due to my efforts that the support of four Anglo-Indian Members and of four Scheduled Caste members of the Assembly who had hitherto been with the Congress could be secured, but for which the Ministry would have been defeated.4. In October 1946, most unexpectedly came to me through Mr. Suhrawardy the offer of a seat in the Interim Government of India. After a good deal of hesitation and being given only one hour's time to take my final decision, I consented to accept the offer subject to the condition only that I should be permitted to resign if my leader Dr. B.R. Ambedkar disapproved of my action. Fortunately, however, I received his approval in a telegram sent from London. Before I left for Delhi to take over as Law Member, I persuaded Mr. Suhrawardy, the then Chief Minister of Bengal, to agree to take two Ministers in his Cabinet in my place and to appoint two Parliamentary Secretaries from the Scheduled Case Federation Group.5. I joined the Interim Government on November 1, 1946. After about a month when I paid a visit to Calcutta, Mr.Suhrawardy apprised me of the communal tension in some parts of East Bengal, especially in Gopalganj Sub-division, where the Namahsudras were in majority, being very high. He requested me to visit those areas and address meetings of Muslims and Namahsudras. The fact was that Namahsudras in those areas had made preparations for retaliation. I addressed about a dozen of largely attended meetings. The result was that Namahsudras gave up the idea of retaliation. Thus an inevitable dangerous communal disturbance was averted.6. After a few months, the British Government made their June 3 Statement (1947) embodying certain proposals for the partition of India. The whole country, especially the entire non-Muslim India, was startled. For the sake of truth I must admit that I had always considered the demand of Pakistan by the Muslim League as a bargaining counter. Although I honestly felt that in the context of India as a whole Muslims had legitimate cause for grievance against upper class Hindu chauvinism, I held the view very strongly indeed that the creation of Pakistan would never solve the communal problem. On the contrary, it would aggravate communal hatred and bitterness. Besides, I maintained that it would not ameliorate the condition of Muslims in Pakistan. The inevitable result of the partition of the country would be to prolong, if not perpetuate, the poverty, illiteracy and miserable condition of the toiling masses of both the States. I further apprehended that Pakistan might turn to be one of the most backward and undeveloped countries of the South East Asia.LAHORE RESOLUTION7. I must make it clear that I have thought that an attempt would be made, as is being done at present, to develop Pakistan as a purely 'Islamic' State based on the Shariat and the injunctions and formulae of Islam. I presumed that it would be set up in all essentials after the pattern contemplated in the Muslim League resolution adopted at Lahore on March 23, 1940. That resolution stated inter alia that (I) "geographically contiguous areas are demarcated into regions which should be constituted with such territorial readjustments as may be necessary, that the areas in which the Muslims are numerically in majority as in the north-western and eastern zones of India, should be grouped to constitute independent States in which the Constituent units shall be autonomous and sovereign" and (II) "adequate, effective and mandatory safeguards should be specifically provided in the Constitution for minorities in these units and in these regions for the protection of their religious, cultural, political, administrative and other rights and interests in consultation with them." Implicitly in this formula were (a) that North western and eastern Muslim zones should be constituted into two independent States, (b) that the constituent units of these States should be autonomous and sovereign, (c) that minorities' guarantee should be in respect of rights as well as of interest and extend to every sphere of their lives, and (d) that Constitutional provisions should be made in these regards in consultation with the minorities themselves. I was fortified in my faith in this resolution and the professions of the League Leadership by the statement Qaid-e-Azam Mohammed Ali Jinnah was pleased to make on the 11th August 1947 as the President of the Constituent Assembly giving solemn assurance of equal treatment for Hindus & Muslims alike and calling upon them to remember that they were all Pakistanis. There was then no question of dividing he people on the basis of religion into full-fledged Muslim citizens and zimmies [i][1] being under the perpetual custody of the Islamic State and its Muslims citizens. Every one of these pledges is being flagrantly violated apparently to your knowledge and with your approval in complete disregard of the Qaid-e-Azam's wishes and sentiments and to the detriment and humiliation of the minorities.PARTITION OF BENGAL8. It may also be mentioned in this connection that I was opposed to the partition of Bengal. In launching a campaign in this regard I had to face not only tremendous resistance from all quarters but also unspeakable abuse, insult and dishonour. With great regret, I recollect those days when 32 crores of Hindus of this Indo-Pakistan Sub-continent turned their back against me and dubbed me as the enemy of Hindus and Hinduism, but I remained undaunted and unmoved in my loyalty to Pakistan. It is a matter of gratitude that my appeal to 7 million Scheduled Caste people of Pakistan evoked a ready and enthusiastic response from them. They lent me their unstinted support sympathy and encouragement.9. After the establishment of Pakistan on August 14, 1947 you formed the Pakistan Cabinet, in which I was included and Khwaja Nazimuddin formed a provisional Cabinet for East Bengal. On August 10, I had spoken to Khwaja Nazimuddin at Karachi and requested him to take 2 Scheduled Caste Ministers in the East Bengal Cabinet. He promised to do the same sometime later. What happened subsequently in this regard was a record of unpleasant and disappointing negotiation with you, Khwaja Nazimuddin and Mr. Nurul Amin, the present Chief Minister of East Bengal. When I realised that Khwaja Nazimuddin was avoiding the issue on this or that excuse, I became almost impatient and exasperated. I further discussed the matter with the Presidents of the Pakistan Muslim League and its East Bengal Branch. Ultimately, I brought the matter to your notice. You were pleased to discuss the subject with Khwaja Nazimuddin in my presence at your residence. Khwaja Nazimuddin agreed to take one Scheduled Caste Minister on his return to Dacca. As I had already became sceptic about the assurance of Khwaja Nazimuddin, I wanted to be definite about the time-frame. I insisted that he must act in this regard with a month, failing which I should be at liberty to resign. Both you and Khwaja Nazimuddin agreed to the condition. But alas! you did not perhaps mean what you said. Khwaja Nazimuddin did not keep his promise. After Mr. Nurul Amin had became the Chief Minister of East Bengal, I again took up the matter with him. He also followed the same old familiar tactics of evasion. When I again called your attention to this matter prior to your visit to Dacca in 1949, you were pleased to assure me that Minority Ministers would be appointed in East Bengal, and you asked 2/3 names from me for consideration. In stat deference to your wish, I sent you a note stating the Federation Group in the East Bengal Assembly and suggesting three names. When I made enquiries as to what had happened on your return from Dacca, you appeared to be very cold and only remarked : "Let Nurul Amin return from Delhi". After a few days I again pressed the matter. But you avoided the issue. I was then forced to come to the conclusion that neither you not Mr. Nurul Amin had any intention to take any Scheduled Caste Minister in the East Bengal Cabinet. Apart from this, I was noticing that Mr. Nurul Amin and some League leaders of East Bengal were trying to create disruption among the Members of the Scheduled Caste Federation. It appeared to me that my leadership and wide-spread popularity were considered ominous. My outspokenness, vigilance and sincere efforts to safeguard the interests of the minorities of Pakistan, in general, and of the Scheduled Caste, in particular, were considered a matter on annoyance to the East Bengal Govt. and few League leaders. Undaunted, I took my firm stand to safeguard the interests of the minorities of Pakistan.ANTI-HINDU POLICY10. When the question of partition of Bengal arose, the Scheduled Caste people were alarmed at the anticipated dangerous result of partition. Representation on their behalf were made to Mr. Suhrawardy, the then Chief Minister of Bengal who was pleased to issue a statement to the press declaring that none of the rights and privileges hitherto enjoyed by the Scheduled Caste People would be curtailed after partition and that they would not only continue to enjoy the existing rights and privileges but also receive additional advantages. This assurance was given by Mr. Suhrawardy not only in his personal capacity but also in his capacity as the Chief Minister of the League Ministry. To my utter regret it is to be stated that after partition, particularly after the death of Qaid-e-Azam, the Scheduled Castes have not received a fair deal in any matter. You will recollect that from time to time I brought the grievances of the Scheduled Castes to your notice. I explained to you on several occasions the nature of inefficient administration in East Bengal. I made serious charges against the police administration. I brought to your notice incidents of barbarous atrocities perpetrated by the police on frivolous grounds. I did not hesitate to bring to your notice the anti-Hindu policy pursued by the East Bengal Government especially the police administration and a section of Muslim League leaders.SOME INCIDENTS11. The first incident that shocked me took place at a village called Digharkul near Gopalganj where on the false complaint of a Muslim brutal atrocities were committed on the local Namahsudras. The fact was that a Muslim who was going in a boat attempted to throw his net to catch fish. A Namahsudra who was already there for the same purpose opposed the throwing of the net in his front. This was followed by some altercation and the Muslim got annoyed and went to the nearby Muslim village and made a false complaint that he and a woman in his boat had been assaulted by the Namahsudras. At that time, the S.D.O. of Gopalganj was passing in a boat through the canal, who without making any enquiry accepted the complaint as true and sent armed police to the spot to punish the Namahsudras. The armed police came and the local Muslims also joined them. They not only raided some houses of the Namahsudras but mercilessly beat both men and women, destroyed their properties and took away valuables. The merciless beating of a pregnant women resulted in abortion on the spot. This brutal action on the part of the local authority created panic over a large area.12. The second incidence of police oppression took place in early part of 1949 under P.S. Gournadi in the district of Barisal. Here a quarrel took place between two groups of members of a Union Board. One group which was in the good books of the police conspired against the opponents on the plea of their being Communists. On the information of a threat of attack on the Police Station, the O.C., Gournadi requisitioned armed forces from the headquarters. The Police, helped by the armed forces, then raided a large number of houses in the area, took away valuable properties, even from the house of absentee-owners who were never in politics, far less in the Communist Party. A large number of persons over a wide area were arrested. Teachers and students of many High English Schools were Communist suspects and unnecessarily harassed. This area being very near to my native village, I was informed of the incident. I wrote to the District Magistrate and the S.P. for an enquiry. A section of the local people also prayed for an enquiry by the S.D.O. But no enquiry was held. Even my letters to the District authorities were not acknowledged. I then brought this matter to the notice of the highest Authority in Pakistan, including yourself but to no avail.WOMEN FOR MILITARY13. The atrocities perpetrated by the police and the military on the innocent Hindus, especially the Scheduled Castes of Habibgarh in the District of Sylhet deserve description. Innocent men and women were brutally tortured, some women ravished, their houses raided and properties looted by the police and the local Muslims. Military pickets were posted in the area. The military not only oppressed these people and took away stuff forcibly from Hindu houses, but also forced Hindus to send their women-folk at night to the camp to satisfy the carnal desires of the military. This fact also I brought to your notice. You assured me of a report on the matter, but unfortunately no report was forthcoming.14. Then occurred the incident at the Nachole in the District of Rajshahi where in the name of suppression of Communists not only the police but also the local Muslims in collaboration with the police oppressed the Hindus and looted their properties. The Santhals then crossed the border and came over to West Bengal. They narrated the stories of atrocities wantonly committed by the Muslims and the police.15. An instance of callous and cold-blooded brutality is furnished by the incident that took place on December 20, 1949 in Kalshira under P.S. Mollarhat in the District of Khulna. What happened was that late at night four constables raided the house of one Joydev Brahma in village Kalshira in search of some alleged Communists. At the scent of the police, half a dozen of young men, some of whom might have been Communists, escaped from the house. The police constable entered into the house and assaulted the wife of Joydev Brahma whose cry attracted her husband and a few companions who escaped from the house. They became desperate, re-entered the house, found 4 constables with one gun only. That perhaps might have encouraged the young men who struck a blow on an armed constable who died on the spot. The young men then attacked another constable when the other two ran away and raised alarm which attracted some neighbouring people who came to their rescue. As the incident took place before sunrise when it was dark, the assailants fled with the dead body before the villagers could come. The S.P. of Khulna with a contingent of military and armed police appeared on the scene in the afternoon of the following day. In the meantime, the assailants fled and the intelligent neighbours also fled away. But the bulk of the villagers remained in their houses as they were absolutely innocent and failed to realise the consequence of the happening. Subsequently, the S.P., the military and armed police began to beat mercilessly the innocents of the entire village, encouraged the neighbouring Muslims to take away their properties. A number of persons were killed and men and women were forcibly converted. House-hold deities were broken and places of worship desecrated and destroyed. Several women were raped by the police, military and local Muslims. Thus a veritable hell was let loose not only in the village of Kalshira which is 1-1/2 miles in length with a large population, but also in a number of neighbouring Namahsudra villages. The village Kalshira was never suspected by the authority to be a place of Communist activities. Another village called Jhalardanga, which was at a distance of 3 miles from Kalshira, was known to be a centre of Communist activities. This village was raided by a large contingent of police on that day for hunt of the alleged Communists, a number of whom fled away and took shelter in the aforesaid house of village Kalshira which was considered to be a safe place for them.16. I visited Kalshira and one or two neighbouring villages on the 28th February 1950. The S.P., Khulna and some of the prominent League leaders of the district were with me. When I came to the village Kalshira, I found the place desolate and in ruins. I was told in the presence of S.P. that there were 350 homesteads in this village, of these, only three had been spared and the rest had been demolished. Country boats and heads of cattle belonging to the Namasudras had been all taken away. I reported these facts to the Chief Minister, Chief Secretary and Inspector of General of Police of East Bengal and to you.17. It may be mentioned in this connection that the news of this incident was published in West Bengal Press and this created some unrest among the Hindus there. A number of sufferers of Kalshira, both men and women, homeless and destitute had also come to Calcutta and narrated the stories of their sufferings which resulted in some communal disturbances in West Bengal in the last part of January.CAUSES OF THE FEBRUARY DISTURBANCE18. It must be noted that stories of a few incidents of communal disturbance that took place in West Bengal as a sort of repercussion of the incidents at Kalshira were published in exaggerated form in he East Bengal press. In the second week of February 1950 when the Budget Session of the East Bengal Assembly commenced, the Congress Members sought permission to move two adjournment motions to discuss the situation created at Kalshira and Nachole. But the motions were disallowed. The Congress members walked out of the Assembly in protest. This action of the Hindu members of the Assembly annoyed and enraged not only the Ministers but also the Muslim leaders and officials of the Province. This was perhaps one of the principal reasons for Dacca and East Bengal riots in February 1950.19. It is significant that on February 10, 1950 at about 10 o'clock in the morning a woman was painted with red to show that her breast was cut off in Calcutta riot, and was taken round the East Bengal Secretariat at Dacca. Immediately the Government servants of the Secretariat stuck work and came out in procession raising slogans of revenge against the Hindus. The procession began to swell as it passed over a distance of more than a mile. It ended in a meeting at Victoria Park at about 12 o'clock in the noon where violent speeches against the Hindus were delivered by several speakers, including officials. The fun of the whole show was that while the employees of the Secretariat went out of procession, the Chief Secretary of the East Bengal Government was holding a conference with his West Bengal counterpart in the same building to find out ways and means to stop communal disturbances in the two Bengals.OFFICIALS HELPED LOOTERS20. The riot started at about 1 p.m. simultaneously all over the city. Arson, looting of Hindu shops and houses and killing of Hindus, wherever they were found, commenced in full swing in all parts of the city. I got evidence even from the Muslims that arson and looting were committed even in the presence of high police officials. Jewellery shops belonging to the Hindus were looted in the presence of police officers. They not only did not attempt to stop loot, but also helped the looters with advice and direction. Unfortunately for me, I reached Dacca at 5 o'clock in the afternoon on the same day, in February10, 1950. To my utter dismay, I had occasion to see and know things from close quarters. What I saw and learnt from firsthand information was simply staggering and heart-rending.BACKGROUND OF THE RIOT21. The reasons for the Dacca riot were mainly five:(i) To punish the Hindus for the daring action of their representatives in the Assembly in their expression of protest by walking out of the Assembly when two adjournment motions on Kalshira and Nachole affairs were disallowed.(ii) Dissension and differences between the Suhrawardy Group and the Nazimuddin Group in the Parliamentary Party were becoming acute.(iii) Apprehension of launching of a movement for re-union of East and West Bengal by both Hindu and Muslim leaders made the East Bengal Ministry and the Muslim League nervous. They wanted to prevent such a move. They though that any large-scale communal riot in East Bengal was sure to produce reactions in West Bengal where Muslims might be killed. The result of such riots in both East and West Bengal, it was believed, would prevent any movement for re-union of Bengals.(iv) Feeling of antagonism between the Bengali Muslims and non-Bengali Muslims in East Bengal was gaining ground. This could only be prevented by creating hatred between Hindus and Muslims of East Bengal. The language question was also connected with it and(v) The consequences of non-devaluation and the Indo-Pakistan trade deadlock to the economy of East Bengal were being felt most acutely first in urban and rural areas and the Muslim League members and officials wanted to divert the attention of the Muslim masses from the impending economic breakdown by some sort of Jihad against Hindus.STAGGERING DETAILS - NEARLY 10,000 KILLED22. During my nine days' stay at Dacca, I visited most of the riot-affected areas of the city and suburbs. I visited Mirpur also under P.S. Tejgaon. The news of the killing of hundreds of innocent Hindus in trains, on railway lines between Dacca and Narayanganj, and Dacca and Chittagong gave me the rudest shock. On the second day of Dacca riot, I met the Chief Minister of East Bengal and requested him to issue immediate instructions to the District authorities to take all precautionary measures to prevent spreading of the riot in district towns and rural areas. On the 20th February 1950, I reached Barisal town and was astounded to know of the happenings in Barisal. In the District town, a number of Hindu houses were burnt and a large number of Hindus killed. I visited almost all riot-affected areas in the District. I was simply puzzled to find the havoc wrought by the Muslim rioters even at places like Kasipur, Madhabpasha and Lakutia which were within a radius of six miles from the District town and were connected with motorable roads. At the Madhabpasha Zamindar's house, about 200 people were killed and 40 injured. A place, called Muladi, witnessed a dreadful hell. At Muladi Bandar alone, the number killed would total more than three hundred, as was reported to me by the local Muslims including some officers. I visited Muladi village also, where I found skeletons of dead bodies at some places. I found dogs and vultures eating corpses on he river-side. I got the information there that after the whole-scale killing of all adult males, all the young girls were distributed among the ringleaders of the miscreants. At a place called Kaibartakhali under P.S. Rajapur, 63 persons were killed. Hindu houses within a stone's throw distance from the said thana office were looted, burnt and inmates killed. All Hindu shops of Babuganj Bazar were looted and then burnt and a large number of Hindus were killed. From detailed information received, the conservative estimate of casualties was placed at 2,500 killed in the District of Barisal alone. Total casualties of Dacca and East Bengal riot were estimated to be in the neighbourhood of 10,000 killed. The lamentation of women and children who had lost their all including near and dear ones melted my heart. I only asked myself "What was coming to Pakistan in the name of Islam."NO EARNEST DESIRE TO IMPLEMENT DELHI PACT23. The large scale exodus of Hindus from Bengal commenced in the latter part of March. It appeared that within a short time all the Hindus would migrate to India. A war cry was raised in India. The situation became extremely critical. A national calamity appeared to be inevitable. The apprehended disaster, however, was avoided by the Delhi Agreement of April 8. With a view to reviving the already lost morale of the panicky Hindus, I undertook an extensive tour of East Bengal. I visited a number of places of the districts of Dacca, Barisal, Faridpur, Khulna and Jessore. I addressed dozens of largely attended meetings and asked the Hindus to take courage and not to leave their ancestral hearths and homes. I had this expectation that the East Bengal Govt. and Muslim League leaders would implement the terms of the Delhi Agreement. But with the lapse of time, I began to realise that neither the East Bengal Govt. nor the Muslim League leaders were really earnest in the matter of implementation of the Delhi Agreement. The East Bengal Govt. was not only ready to set up a machinery as envisaged in the Delhi Agreement, but also was not willing to take effective steps for the purpose. A number of Hindus who returned to native village immediately after the Delhi Agreement were not given possession of their homes and lands which were occupied in the meantime by the Muslims.MOULANA AKRAM KHAN'S INCITATIONS24. My suspicion about the intention of League leaders was confirmed when I read editorial comments by Moulana Akram Khan, the President of the Provincial Muslim League in the "Baisak" issue of a monthly journal called 'Mohammadi'. In commenting on the first radio-broadcast of Dr.A.M.Malik, Minister for Minority Affairs of Pakistan, from Dacca Radio Station, wherein he said, "Even Prophet Mohammed had given religious freedom to the Jews in Arabia", Moulana Akram Khan said, "Dr.Malik would have done well had he not made any reference in his speech to the Jews of Arabia. It is true that the Jews in Arabia had been given religious freedom by Prophet Mohammed; but it was the first chapter of the history. The last chapter contains the definite direction of prophet Mohammed which runs as follows:- "Drive away all the Jews out of Arabia". Even despite this editorial comment of a person who held a very high position in the political, social and spiritual life of the Muslim community, I entertained some expectation that the Nurul Amin Ministry might not be so insincere. But that expectation of mine was totally shattered when Mr.Nurul Amin selected D.N.Barari as a Minister to represent the minorities in terms of the Delhi Agreement which clearly states that to restore confidence in the minds of the minorities one of their representatives will be taken in the Ministry of East Bengal and West Bengal Govt.NURUL AMIN GOVERNMENT'S INSINCERITY25. In one of my public statement, I expressed the view that the appointment of D.N.Barari as a Minister representing the minorities not only did not help restore any confidence, but, on the contrary, destroyed all expectations illusions, if there was any in the minds of the minorities about the sincerity of Mr.Nurul Amin's Govt. My own reaction was that Mr.Nurul Amin's Govt. was not only insincere but also wanted to defeat the principal objectives of the Delhi Agreement. I again repeat that D.N.Barari does not represent anybody except himself. He was returned to the Bengal Legislature Assembly on the Congress ticket with the money and organisation of the Congress. He opposed the Scheduled Caste Federation candidates. Some time after his election, he betrayed the Congress and joined the Federation. When he was appointed a Minister he had ceased to be a member of the Federation too. I know that East Bengal Hindus agree with me that by antecedents, character and intellectual attainments Barari is not qualified to hold the position of a Minister as envisaged in the Delhi Agreement.26. I recommended three names to Mr.Nurul Amin for this office. One of the persons I recommended was an MA.,LL.B., Advocate, Dacca High Court. He was Minister for more than 4 years in the first Fazlul Huq Ministry in Bengal. He was chairman of the Coal Mines Stowing Board, Calcutta, for about 6 years. He was the senior Vice-President of the Scheduled Caste Federation. My second nominee was a B.A., LL.B. He was a member of the Legislative Council for 7 years in the pre-reform regime. I would like to know what earthly reasons there might be for Mr.Nurul Amin in not selecting any of these two gentlemen and appointing instead a person whose appointment as Minister I strongly objected to for very rightly considerations. Without any fear of contradiction I can say that this action of Mr.Nurul Amin in selecting Barari as a Minister in terms of the Delhi Agreement is conclusive proof that the East Bengal Govt. was neither serious nor sincere in its professions about the terms of the Delhi Agreement whose main purpose is to create such conditions as would enable the Hindus to continue to live in East Bengal with a sense of security to their life, property, honour and religion.GOVERNMENT PLAN TO SQUEEZE OUT HINDUS27. I would like to reiterate in this connection my firm conviction that East Bengal Govt. is still following the well-planned policy of squeezing Hindus out of the Province. in my discussion with you on more than one occasion, I gave expression to this view of mine. I must say that this policy of driving out Hindus from Pakistan has succeeded completely in West Pakistan and is nearing completion in East Pakistan too. The appointment of D.N.Barari as a Minister and the East Bengal Government's unceremonious objection to my recommendation in this regard strictly conform to name of what they call an Islamic State. Pakistan has not given the Hindus entire satisfaction and a full sense of security. They now want to get rid of the Hindu intelligentsia so that the political, economic and social life of Pakistan may not in any way be influenced by them.EVASIVE TACTICS TO SHELVE JOINT ELECTORATE28. I have failed to understand why the question of electorate has not yet been decided. It is now three years that the minority Sub-Committee has been appointed. It sat on three occasions. The question of having joint or separation electorate came up for consideration at a meting of the Committee held in December last when all the representatives of recognised minorities in Pakistan expressed their view in support of Joint Electorate with reservation of seats for backward minorities. We, on behalf of the Scheduled Castes, demanded joint electorate with reservation of seats for Scheduled Castes. This matter again came up for consideration at a meeting called in August last. But without any discussion whatsoever on this point, the meeting was adjourned sine die. It is not difficult to understand what the motive is behind this kind of evasive tactics in regard to such a vital matter on the part of Pakistan's rulers.DISMAL FUTURE FOR HINDUS29. Coming now to the present condition and the future of Hindus in East Bengal as a result of the Delhi Agreement, I should say that the present condition is not only unsatisfactory but absolutely hopeless and that the future completely dark and dismal. Confidence of Hindus in East Bengal has not been restored in the least. The Agreement is treated as a mere scrap of paper alike by the East Bengal Government and the Muslim League. That a pretty large number of Hindus migrants, mostly Scheduled Caste cultivators are returning to East Bengal is no indication that confidence has been restored. It only indicates that their stay and rehabilitation in West Bengal, or elsewhere in the Indian Union have not been possible. The sufferings of refugee life are compelling them to go back to their homes. Besides, many of them are going back to bring movable articles and settle or dispose of immovable properties. That no serious communal disturbance has recently taken place in East Bengal is not to be attributed to the Delhi Agreement. It could not simply continue even if there were no Agreement or Pact.30. It must be admitted that the Delhi Pact was not an end in itself. It was intended that such conditions would be created as might effectively help resolve so many disputes and conflict existing between India and Pakistan. But during this period of six months after the Agreement, no dispute or conflict has really been resolved. On the contrary, communal propaganda and anti-India propaganda by Pakistan both at home and abroad are continuing in full swing. The observance of Kashmir Day by the Muslim League all over Pakistan is an eloquent proof of communal anti-India propaganda by Pakistan. The recent speech of the Governor of Punjab (Pak) saying that Pakistan needed a strong Army for the security of Indian Muslims has betrayed the real attitude of Pakistan towards India. It will only increase the tension between the two countries.WHAT IS HAPPENING IN EAST BENGAL TODAY31. What is today the condition in East Bengal? About fifty lakhs of Hindus have left since the partition of the country. Apart from the East Bengal riot of last February, the reasons for such a large scale exodus of Hindus are many. The boycott by the Muslims of Hindu lawyers, medical practitioners, shop-keepers, traders and merchants has compelled Hindus to migrate to West Bengal in search of their means of livelihood. Wholesale requisition of Hindu houses even without following due process of law in many and non-payment of any rent whatsoever to the owners have compelled them to seek for Indian shelter. Payments of rent to Hindu landlords was stopped long before. Besides, the Ansars against whom I received complaints all over are a standing menace to the safety and security of Hindus. Inference in matters of education and methods adopted by the Education Authority for Islamisation frightened the teaching staff of Secondary Schools and Colleges out of their old familiar moorings. They have left East Bengal. As a result, most of the educational institutions have been closed. I have received information that sometime ago the Educational Authority issued circular in Secondary Schools enjoining compulsory participation of teachers and students of all communities in recitation from the Holy Koran before the school work commenced. Another circular requires Headmasters of schools to name the different blocks of the premises after 12 distinguished Muslims, such as, Jinnah, Iqbal, Liaquat Ali, Nazimuddin, etc. Only very recently in an educational conference held at Dacca, the President disclosed that out of 1,500 High English Schools in East Bengal, only 500 were working. Owing to the migration of Medical Practitioners there is hardly any means of proper treatment of patients. Almost all the priests who used to worship the household deities at Hindu houses have left. Important places of worship have been abandoned. The result is that the Hindus of East Bengal have got now hardly any means to follow religious pursuits and performance of social ceremonies like marriage where the services of a priest are essential. Artisans who made images of gods and goddesses have also left. Hindu Presidents of Union Boards have been replaced by Muslims by coercive measures with the active help and connivance of the police and Circle Officers. Hindu Headmasters and Secretaries of Schools have been replaced by Muslims. The Life of the few Hindu Govt. servants has been made extremely miserable as many of them have either been superseded by junior Muslims or dismissed without sufficient or any cause. Only very recently a Hindu Public Prosecutor of Chittagong was arbitrarily removed from service as has been made clear in a statement made by Srijukta Nellie Sengupta against whom at least no change of anti-Muslim bias prejudice or malice can be leveled.HINDUS VIRTUALLY OUTLAWED32. Commission of thefts and dacoities even with murder is going on as before. Thana offices seldom record half the complaints made by the Hindus. That the abduction and rape of Hindu girls have been reduced to a certain extent is due only to the fact that there is no Caste Hindu girl between the ages of 12 and 30 living in East Bengal at present. The few depressed class girls who live in rural areas with their parents are not even spared by Muslim goondas. I have received information about a number of incidents of rape of Scheduled Caste Girls by Muslims. Full payment is seldom made by Muslims buyers for the price of jute and other agricultural commodities sold by Hindus in market places. As a matter of fact, there is no operation of law, justice or fair-play in Pakistan, so far as Hindus are concerned.FORCED CONVERSIONS IN WEST PAKISTAN33. Leaving aside the question of East Pakistan, let me now refer to West Pakistan, especially Sind. The West Punjab had after partition about a lakh of Scheduled Castes people. It may be noted that a large number of them were converted to Islam. Only 4 out of a dozen Scheduled Castes girls abducted by Muslims have yet been recovered in spite of repeated petitions to the Authority. Names of those girls with names of their abductors were supplied to the government. The last reply recently given by the Officer-in-Charge of recovery of abducted girls said that "his function was to recover Hindu girls and 'Achhuts' (Scheduled Castes) were not Hindus". The condition of the small number of Hindus that are still living in Sind and Karachi, the capital of Pakistan, is simply deplorable. I have got a list of 363 Hindu temples and gurdwaras of Karachi and Sind (which is by no means an exhaustive list) which are still in possession of Muslims. Some of the temples have been converted into cobbler's shops, slaughter houses and hotels. None of the Hindus has got back. Possession of their landed properties were taken away from them without any notice and distributed amongst refugees and local Muslims. I personally know that 200 to 300 Hindus were declared non-evacuees by the Custodian a pretty long time ago. But up till now properties have no been restored to any one of them. Even the possession of Karachi Pinjirapole[ii][2] has not been restored to the trustees, although it was declared non-evacuee property sometime ago. In Karachi I had received petitions from many unfortunate fathers and husbands of abducted Hindu girls, mostly Scheduled Castes. I drew the attention of the 2nd Provisional Government to this fact. There was little or no effect. To my extreme regret I received information that a large number of Scheduled Castes who are still living in Sind have been forcibly converted to Islam.PAKISTAN 'ACCURSED' FOR HINDUS34. Now this being in brief the overall picture of Pakistan so far as the Hindus are concerned, I shall not be unjustified in stating that Hindus of Pakistan have to all intents and purposes been rendered "Stateless" in their own houses. They have no other fault than that they profess the Hindu religion. Declarations are being repeatedly made by Muslim League leaders that Pakistan is and shall be an Islamic State. Islam is being offered as the sovereign remedy for all earthly evils. In the matchless dialectics of capitalism and socialism you present the exhilarating democratic synthesis of Islamic equality and fraternity. In that grand setting of the Shariat Muslims alone are rulers while Hindus and other minorities are zimmies who are entitled to protection at price, and you know more than anybody else Mr.Prime Minister, what that price is. After anxious and prolonged struggle I have come to the conclusion that Pakistan is no place for Hindus to live in and that their future is darkened by the ominous shadow of conversion or liquidation. The bulk of the upper class Hindus and politically conscious scheduled castes have left East Bengal. Those Hindus who will continue to stay accursed in Pakistan will, I am afraid, by gradual stages and in a planned manner be either converted to Islam or completely exterminated. It is really amazing that a man of your education, culture and experience should be an exponent of a doctrine fraught with so great a danger to humanity and subversive of all principles of equality and good sense. I may tell you and your fellow workers that Hindus will allow themselves, whatever the treat or temptation, to be treated as Zimmies in the land of their birth. Today they may, as indeed many of them have already done, abandon their hearths and homes in sorrow but in panic. Tomorrow they strive for their rightful place in the economy of life. Who knows what is in the womb of the future ? When I am convinced that my continuance in office in the Pakistan Central Government is not of any help to Hindus I should not with a clear conscience, create the false impression in the minds of the Hindus of Pakistan and peoples abroad that Hindus can live there with honour and with a sense of security in respect of their life, property and religion. This is about Hindus.NO CIVIL LIBERTY EVEN FOR MUSLIMS35. And what about the Muslims who are outside the charmed circle of the League rulers and their corrupt and inefficient bureaucracy ? There is hardly anything called civil liberty in Pakistan . Witness for example, the fate of Khan Abdul Ghaffar Khan than whom a more devout Muslim had not walked this earth for many years and of his gallant patriotic brother Dr. Khan Sahib. A large number of erstwhile League leaders of the Northwest and also of the Eastern belt of Pakistan are in detention without trial. Mr. Suhrawardy to whom is due in a large measure the League's triumph in Bengal is for practical purpose a Pakistani prisoner who has to move under permit and open his lips under orders. Mr. Fazlul Haq, that dearly loved grand old man of Bengal, who was the author of that now famous Lahore resolution, is ploughing his lonely furrow in the precincts of the Dacca High Court of Judicature, and the so called Islamic planning is as ruthless as it is complete. About the East Bengal Muslims general, the less said the better. They were promised of autonomous and sovereign units of the independent State. What have they got instead ? East Bengal has been transformed into a colony of the western belt of Pakistan, although it contained a population which is larger than that of all the units of Pakistan put together. It is a pale ineffective adjunct of Karachi doing the latter's bidding and carrying out its orders. East Bengal Muslims in their enthusiasm wanted bread and they have by the mysterious working of the Islamic State and the Shariat got stone instead from the arid deserts of Sind and the Punjab.MY OWN SAD AND BITTER EXPERIENCE36. Leaving aside the overall picture of Pakistan and the callous and cruel injustice done to others, my own personal experience is no less sad, bitter and revealing. You used your position as the Prime Minister and leader of the Parliamentary Party to ask me to issue a statement, which I did on the 8th September last. You know that I was not willing to make a statement containing untruths and half truths, which were worse that untruths. It was not possible for me to reject your request so long as I was there working as a Minister with you and under your leadership. But I can no longer afford to carry this load of false pretensions and untruth on my conscience and I have decided to offer my resignation as your Minister, which I am hereby placing in your hands and which, I hope, you will accept without delay. You are of course at liberty to dispense with that office or dispose of it in such a manner as may suit adequately and effectively the objectives of your Islamic State.Yours sincerely,Sd./- J.N. Mandal8th October 1950Sourced from Resignation letter of Jogendra Nath Mandal

We may also point out that the House of Lords did not approve of the undue emphasis put on the contractual rights arising from the articles over the equitable principles, derived from partnership law in In Re Cuthbert Cooper & Sons Limited.Wherever the lack of confidence is rested on a lack of probity in the conduct of the Company's affairs, then the former is justified by the latter, and it is under the statute just and equitable that the Company be wound up."There are six recipes in this section and we are concerned with the sixth, namely, that a Company may be wound up by the court if the court is of the opinion that it is just and equitable that the Company should be wound up.summary ...P.K Goswami, J.— This appeal by certificate is against the common judgment of the Calcutta High Court in respect of respondents' application for winding up and appellant's stay application relating to the Hind Overseas Private Limited, a private limited Company (briefly the Company).2. The question that is raised in this appeal relates to the scope of Section 433(f) of the Companies Act, 1956 (briefly the Act) and in particular whether the principles applicable in the case of dissolution of partnership could be invoked in the case of the Company.3. The allegations in the winding-up petition before the High Court are as follows.4. The Company was incorporated under the Act in August 1956. The nominal capital of the Company is Rs 5,00,000 divided into 2500 equity shares of Rs 100 each and 2500 unclassified shares of Rs100 each, the entire nominal capital has been issued and fully paid up.5. The petitioners (respondents herein), Raghunath Prasad Jhunjhun-walla and his son, Phoolchand Jhunjhunwalla (hereinafter to be described as “R.P.J” and “P.C.J” respectively), and the members of their family held 1875 shares in the Company and the remaining 3125 shares are held by one V.D Jhunjhunwalla and the members of his family.6. In or about the month of May 1956, R.P.J and V.D Jhunjhunwalla (briefly V.D.J) who was then carrying on business under the name and style of “Chimanram Motilal” with his cousin, one Mahabir Prasad Jhunihunwalla (for brevity M.P.J) agreed to start a new business of iron and steel in co-partnership and for that purpose an account was opened in the name of “Raghunath Prasad Jhunjhunwalla Ke Sir Khata” in the books of “Chimanram Motilal”. It was further agreed between the parties that R.P.J would have six annas share and V.D.J along with M.P.J ten annas share in the said proposed partnership business.7. Before the said proposed business could be started, V.D.J, however, changed his mind and sometime in the month of June 1956, he suggested to R.P.J that a limited Company be formed, inter alia, to carry on the business in iron and steel and the shares in the Company would be held by R.P.J, V.D.J and M.P.J and the members of their respective families in the same proportion as mentioned above. V.D.J further agreed to provide for and arrange along with M.P.J the entire finance that may be necessary for the purpose of the business of the Company and R.P.J and his group would generally look after the day to day business of the Company under the general control and supervision of V.D.J It is stated in the petition that R.P.J in view of the relationship between the parties and having trust and confidence in V.D.J agreed to the said suggestions and accordingly the Company was formed on or about August 9, 1956, under the provisions of the Act. One Anil Chandra Dutta, an employee and nominee of V.D.J along with R.P.J became the subscriber to the memorandum of association of the Company and also became its first directors. After its incorporation, the Company carried on for some time the business of controlled stockists of iron and steel and since the end of the year 1958 the Company carried on the business of the manufacture and supply of railway sleepers in execution of government contracts.8. On or about August 23, 1956, V.D.J and M.P.J were co-opted as directors of the Company. On or about November 23, 1957, Anil Chandra Dutta resigned from the Board of Directors and P.C.J was co-opted as a Director in his place. R.P.J was appointed as Director-in-charge of the Company on November 23, 1957 at a monthly remuneration of Rs 1,000. This remuneration was subsequently increased to Rs 1,250 per month with effect from October 1, 1961 and he was also granted further allowance of Rs 25000 per month on account of maintenance of guest house. His monthly remuneration was again increased to Rs 2,000.00 with effect from September 1964. The monthly remuneration of P.C.J was initially fixed at Rs 750.00 per month with effect from October 1, 1961 and was subsequently increased to Rs 1,500.00 from September 1, 1964.9. Following a family partition between V.D.J and M.P.J about the year 1958, the shares of the latter were transferred in the name of the wife of V.D J.M.P.J also resigned from the Board of Directors on or about January 31, 1959. Since that date and until October, 1965, the Board of Directors of the Company consisted of R.P.J, P.C.J and V.D.J In or about the month of October, 1965, V.D.J got his son, Vinode Kumar Jhunjhunwalla, appointed as the Technical Director of the Company.10. Since the year 1958 and until February 26, 1965, the entire business of the Company has been the manufacture and supply of railway sleepers in execution of government contracts. The business of the Company during this period had been always managed by R.P.J, P.C.J under the general supervision and guidance of V.D.J and the business policy was always dictated by V.D.J The cashier, manager-cum-engineer, munim, and cash peon and other important officers and employees were always appointed by V.D.J of his own choice and on his terms. R.P.J has been acting as the Director-in-charge throughout since his appointment at a Board meeting held on November 23, 1957. V.D.J asked for and received daily reports of the working of the factory and of the business of the Company from R.P.J and gave detailed instructions even relating to the daily administration. From 1959 onwards the factory commenced its regular production of railway sleepers and made substantial profits between 1960 and 1965 except in the year 1961 when there was some loss.11. It is alleged that after trying to take wrongfully and illegally full control and management of the affairs of the Company in order to oust R.P.J group, V.D.J ultimately succeeded in getting hold of Directors' minute books and the minute books of the general meetings of the Company. V.D.J with the help of the members of his group, wrongfully and illegally took away the keys and the other statutory books and documents of the Company from the registered office and refused R.P.J group any access to them. R.P.J was also assaulted by an employee of the Company at the instance of V.D.J and there were some criminal proceedings against R.P.J and P.C.J V.D.J as a Director called a meeting of the Board on May 27, 1966, by notice dated May 24, 1966. R.P.J's solicitors on May 27, 1966, sent a notice to the Company and V.D.J calling upon them to desist from holding the meeting which was called with a view to oust the R.P.J group completely from the control and management of the affairs of the Company. V.D.J group did not pay any heed to the solicitors' letter and passed various resolutions in the Board's meeting held on May 27, 1966, whereby the previous resolutions of the Board were countermanded and cancelled and R.P.J was deprived of his all lawful authority and powers as a Director including the right to operate the banking account of the Company. R.P.J was purported to be removed from the office of the Director-in-charge of the Company. V.D.J group caused an advertisement to be published in the Vishwamitra on or about May 20, 1966, intimating the cancellation of powers in favour of R.P.J V.D.J taking advantage of the majority holding of shares by himself and the members of his group, caused to be issued through certain shareholders belonging to his group a requisition dated May 28, 1966, for calling an extraordinary general meeting with a view to remove R.P.J and P.C.J as directors of the Company and to appoint other persons belonging to their group in their places instead. The explanatory statement to that notice alleged that there was a loss of about Rs 8 lakhs in the year 1965.12. It is further alleged that V.D.J with the help of goondas and armed guard took possession of the Company's factory and ousted R.P.J and P.C.J therefrom. It is also alleged that the liabilities of the Company would exceed its assets and the same was not commercially solvent. That serious disputes and differences had arisen among the shareholders of the Company and there was a complete deadlock in the management of its affairs. There was also complete loss of confidence of one group in the other. Lastly it is averred that the Company was in substance a partnership and it could not carry on its business any more and the circumstances would justify the dissolution of the Company had it been a partnership.13. The above are the allegations in the winding-up petition which came up for admission before the learned Company Judge. There was a counter-affidavit filed by V.D.J in opposing the prayers. We may only note para 14 of his counter-affidavit:“The respondent, Raghunath Prasad Jhunjhunwalla was an employee of the firm of Messrs Kamlapati Motilal of Kanpur of which I am the managing partner. Having gained confidence as such employee the said Raghunath Prasad Jhunjhunwalla was taken in as a Director of the Company and entrusted with the powers of management of the Company. The respondents had no money to subscribe for the shares of the Company and moneys were procured by me to enable them to subscribe for the shares of the Company. The applicants on their own admission were in charge of the management of the affairs of the Company. While in such management they have mismanaged the affairs of the Company and misappropriated the funds and assets of the Company as would appear from the statements made in my affidavit affirmed on June 16, 1966 ....”14. The only point which appears to have been canvassed before the learned Company Judge and later before the appellate court was that the Company was formed as a result of mutual trust and confidence and the Company was in substance a partnership and, therefore, the principles of partnership would be attracted. The same arguments are pressed into service by the respondents before us. If it were a partnership, says Mr Sen on behalf of the respondents, on the facts and circumstances disclosed in the petition, dissolution would have been ordered by the court under Section 44 (g) of the Partnership Act. A case for winding-up has been, therefore, prima facie, made out by the respondents, on these allegations. It is submitted that the learned Company Judge committed an error of law in dismissing the winding-up petition without admitting it and in allowing the stay petition of the Company (“appellant” herein) and that the Division Bench in the letters Patent appeal was right in setting aside the order of the Company Judge.15. According to the learned Company Judge the principle of dissolution of partnership applies to companies either on the ground of complete deadlock or on the ground of domestic or family companies. A complete deadlock, according to the learned Judge, is where the Board has two real members or the ratio of shareholding is equal. In the domestic or family companies, says the learned Judge, courts have applied the dissolution of partnership principle where shareholdings are more or less equal and there is ousting not only from management but from benefits as shareholders. Lack of probity has to result in prejudice to Company's business, affecting rights of complaining parties as shareholders and not as directors. The learned Judge relied on an English case (In Re Cuthbert Cooper & Sons Limited1) which illustrates that if a deadlock can be resolved by the articles there is no deadlock to bring in winding-up and if there are alternative remedies the Company should not be wound up. The learned Judge was also unable to hold that the substratum of the company was gone. The learned Judge concluded as follows:“As I have indicated these charges and counter-charges raise disputed questions of fact between two contesting parties for power. The petitioners desire that they should be in power and the respondents would go on financing. This was said to be the heart of the matter by counsel for the respondents. This comment is not without foundation. I am unable to hold that there is any mismanagement or misapplication either as regards shareholders or as regards directors. Directors' disputes are not grounds for winding-up on the facts and circumstances of the present case.”According to the learned Judge the case of In Re Yenidje Tobacco Company Limited2 and the cases following it have established that in applying the principles of dissolution of partnership to companies the following factors were important :“(1) Equal shareholding.(2) Complete deadlock in the administration of the Company.(3) Lack of probity and mismanagement in the conduct of affairs of the Company.The learned Company Judge held that the principle in Yenidje case was not attracted in this case.16. On the other hand, according to the appellate court the principles in Yenidje case were to the effect that“if a private Company could be fairly called a partnership in the guise of a private Company then the things which might be a ground for dissolution of a partnership will apply also in the case of a private Company and that in this connection deadlock is not material.”The appellate court then described the circumstances which according to Lindley justify the dissolution of the partnership:“(1) if the partnership agreement is wilfully or persistently violated;(2) if one partner so behaves in matters relating to the partnership business that the other partners find it impossible to carry on business in partnership with him;(3) if some partners are in effect excluded from the concern;(4) if the misconduct of one or more partners is such that the mutual confidence which must subsist in a partnership is destroyed;(5) if there is a state of animosity which precludes all reasonable hope of reconciliation and friendly cooperation;(6) if it is impossible for the partners to place that confidence in each other which each has a right to expect, provided that the impossibility has not been caused by the persons seeking to take advantage of it.”Having noted the above, the appellate court held that conditions (2), (3) and (4) were unquestionably fulfilled in this case and, therefore allowed the application and rejected the stay application.”17. Before we proceed further we may refer to a recent decision of the House of Lords in Ebrahimi and Westbourne Galleries Ltd.3 (briefly Ebrahimi case wherein after reviewing all the earlier cases it was held as follows:“The foundation of it all lies in the words ‘just and equitable’ and, if there is any respect in which some of the cases may be open to criticism, it is that the courts may sometimes have been too timorous in giving them full force. The words are a recognition of the fact that a limited Company is more than a mere legal entity, with a personality in law of its own; that there is room in Company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the Company structure. That structure is defined by the Companies Act and by the articles of association by which shareholders agree to be bound. In most companies and in most contexts, this definition is sufficient and exhaustive, equally so whether the Company is large or small. The ‘just and equitable’ provision does not, as the respondents suggest, entitle one party to disregard the obligation he assumes by entering a Company, nor the court to dispense him from it. It does, as equity always does, enable the court to subject the exercise of legal rights to equitable considerations; considerations, that is, of a personal character arising between one individual and another, which may make it unjust, or inequitable, to insist on legal rights, or to exercise them in a particular way....The superimposition of equitable considerations requires something more, which typically may include one, or probably more, of the following elements:(i) an association formed or continued on the basis of a personal relationship, involving mutual confidence — this element will often be found where a pre-existing partnership has been converted into a limited Company;(ii) an agreement, or understanding, that all, or some (for there may be ‘sleeping’ members), of the shareholders shall participate in the conduct of the business;(iii) restriction upon the transfer of the members' interest in the Company — so that if confidence is lost, or one member is removed from management, he cannot take out his stake and go elsewhere.”18. The respondents have laid great emphasis on the ratio of the above decision. It is true that Section 222(f) of the English Companies Act, 1948 which the House of Lords was considering corresponds to Section 433(f) of the Act. In the above decision the House of Lords had to deal with a private limited Company consisting of three members, the petitioner therein, being one of the three. Lord Wilberforce delivering his reasoned speech has himself noted that“it is a fact of cardinal importance that since about 1945 the business had been carried on by the appellant and Mr Nazar as partners, equally sharing the management and the profits”.It was also noticed that“the Company made good profits, all of which were distributed as directors” remuneration. No dividends have ever been paid, before or after the petition was presented.”19. In Ebrahimi case the Company which was first formed by the two erstwhile partners, Ebrahimi and Nazar, was joined by Nazar's son, George Nazar, as the third director and each of the two original shareholders transferred to him 100 shares so that at all material times Ebrahimi held 400 shares, Nazar 400 shares and George Nazar 200 shares. The Nazars, father and son, thus had a majority of the votes in general meeting. Until the dispute all the three remained directors. Later on an ordinary resolution was passed by the Company in general meeting by the votes of Nazar and George Nazar removing Ebrahimi from the office of director. That led to the petition for winding-up before the court.20. The following features are found in Ebrahimi case:“(1) There was a prior partnership between the only two members who later on formed the Company.(2) Both the shareholders were directors sharing the profits equally as remuneration and no dividends were declared.(3) One of the shareholders' son acquired shares from his father and from the second shareholder, Ebrahimi, and joined the Company as the third shareholder — director with two hundred shares (one hundred from each).(4) After that, there was a complete ouster of Ebrahimi from the management by the votes of the other two directors, father and son.(5) Although Ebrahimi was a partner, Nazar had made it perfectly clear that he did not regard Ebrahimi as a partner but regarded him as an employee in repudiation of Ebrahimi's status as well as of the relationship.(6) Ebrahimi through ceasing to be a director lost his right to share in the profits through directors' remuneration retaining only the chance of receiving dividends as a minority shareholder.”Bearing in mind the above features in the case, the House of Lords allowed the petition for winding-up by reversing the judgment of the court of appeal and restoring the order of Plowman, J.21. None of the parties questions the principles as such adumbrated by the House of Lords in Ebrahimi caseor even those in the earlier Yenidje case and indeed these are sound principles depending upon the nature, composition and character of the Company. The principles, good as they are, their application in a given case or in all cases, generally, creates problems and difficulties. The respondents' counsel is well cognizant of this difficult aspect and, therefore, rests his argument on the footing that the Company is in substance a partnership and necessarily, therefore, according to him, the principles of partnership should be attracted.22. Before we come to the facts of the present case, we have to deal with the principles of the Yenidje case which were the cornerstone of the arguments on behalf of both the parties before the Company Judge as well as the appellate court. Ebrahimi case was not available to the parties at that stage.23. Yenidje case has acquired celebrity and in application of the ratio of that case varying shades and colour have been sought to be given from time to time in England appropriate to occasions and to facts and circumstances of cases coming before the courts.24. It is not necessary for us to go over the labyrinth of cases wherein the Yenidje principle was applied and it will be sufficient to gather the ratio from the words of Lord Cozens-Hardy, M.R expressed in the decision itself. The learned Master of Rolls posed the question thus in that case:“I think it right to consider what is the precise position of a private Company such as this and in what respects it can be fairly called a partnership in the guise of a private Company.”25. This was a Company of two shareholders and two directors who had earlier traded separately but amalgamated their business and formed a private limited Company. The Constitution of the Company was such that under its articles of association for any case of difference or dispute between the directors there was a provision for arbitration. In fact in one of such disputes a reference was made to arbitration which resulted in an award to which one of the two shareholders declined to give effect. It was proved in that case that the two directors were not on speaking terms, that the so-called meetings of the board of directors had been almost a farce or comedy, the directors would not speak to each other on the board, and some third person had to convey communications between them which ought to go directly from one to the other. Under the above situation it was observed by the learned Master of Rolls as follows:“Is it possible to say that it is not just and equitable that that state of things should not be allowed to continue, and that the Court should not intervene and say this is not what the parties contemplated by the arrangement into which they entered?* * *Certainly, having regard to the fact that the only two directors will not speak to each other, and no business which deserves the name of business in the affairs of the Company can be carried on, I think the Company should not be, allowed to continue. I have treated it as a partnership, and under the Partnership Act of course the application for a dissolution would take the form of an action; but this is not a partnership strictly, it is not a case in which it can be dissolved by action. But ought not precisely the same principles to apply to a case like this where in substance it is a partnership in the form or the guise of a private Company? It is a private Company, and there is no way to put an end to the state of things which now exists except by means of a compulsory order. It has been urged upon us that the just and equitable clause ... has ... been held ... not to apply except where the substratum of the Company has gone or where there is a complete deadlock. Those are the two instances which are given, but I should be very sorry, so far as my individual opinion goes, to hold that they are strictly the limits of the ‘just and equitable’ clause as found in the Companies Act.If ever there was a case of deadlock I think it exists here; but, whether it exists or not, I think the circumstances are such that we ought to apply, if necessary, the analogy of the partnership law and to say that this Company is now in a state which could not have been contemplated by the parties when the Company was formed and which ought to be terminated as soon as possible.”26. It is clear that although Yenidje case was a case of a complete deadlock, that was not stated to be the sole basis for a conclusion to wind up the Company. The House of Lords in Ebrahimi case approved the decision in Yenidje case. We may also point out that the House of Lords did not approve of the undue emphasis put on the contractual rights arising from the articles over the equitable principles, derived from partnership law in In Re Cuthbert Cooper & Sons Limited.27. We may also refer to the Privy Council decision in Loch v. John Blackwood Limited1924 AC 783 wherein Section 127 of the Companies Act, 1910, of Barbados, identical with Section 433(f) of the Act was considered. Lord Shaw of Dunfermline quoted in the judgment a passage from the case of Baird v. Lees 1924 SC 83 Scotland, which is as follows:“I have no intention of attempting a definition of the circumstances which amount to a ‘just and equitable’ cause. But I think I may say this. A shareholder puts his money into a Company on certain conditions. The first of them is that the business in which he invests shall be limited to certain definite objects. The second is that it shall be carried on by certain persons elected in a specified way. And the third is that the business shall be conducted in accordance with certain principles of commercial administration denied in the statute, which provide some guarantee of commercial probity and efficiency. If shareholders find that these conditions or some of them are deliberately and consistently violated and set aside by the action of a member and official of the Company who wields an overwhelming voting power, and if the result of that is that, for the extrication of their rights as shareholders, they are deprived of the ordinary facilities which compliance with the Companies Act would provide them with, then there does arise, in my opinion, a situation in which it may be just and equitable for the Court to wind up the Company.”28. We may also refer to another decision of the Privy Council in D. Davis & Co. Ltd. v. Brunswick (Australia) Ltd. AIR 1936 PC 114 which was from the decision of the Full Court of the Supreme Court of New South Wales. Section 84(e) of the New South Wales Companies Act (1899) also provides for winding-up, inter alia, on just and equitableground. In dealing with that clause, the Privy Council observed as follows:“The position of the Court in determining whether it is just and equitable to wind up the Company requires a fair consideration of all the circumstances connected with the formation and the carrying on of the Company during the short period which had elapsed since May 12, 1930; and the common misfortune which had befallen the two shareholders in the Company does not, in Their Lordships view, involve the consequence that the ultimate desires and hopes of the ordinary shareholders should be disregarded merely because there is a strong interest in favour of liquidation naturally felt by the holders of the preference shares.Nor on the other hand can any general rule be laid down as to the nature of the circumstances which have to be borne in mind in considering whether the case comes within the phrase.”29. This Court had to deal with the “just and equitable' clause under Section 162(vi) of the Indian Companies Act, 1913, in Rajahmundry Electric Supply Corporation Ltd. v. A. Nageswara Rao AIR 1956 SC 213 and the Court quoted with approval the following passage in Loch's case:“It is undoubtedly true that at the foundation of applications for winding-up, on the ‘justand equitable’ rule, there must lie a justifiable lack of confidence in the conduct and management of the Company's affairs. But this lack of confidence must be grounded on conduct of the directors, not in regard to their private life or affairs, but in regard to the Company's business. Furthermore the lack of confidence must spring not from dissatisfaction at being outvoted on the business affairs or on what is called the domestic policy of the Company. On the other hand, wherever the lack of confidence is rested on a lack of probity in the conduct of the Company's affairs, then the former is justified by the latter, and it is under the statute just and equitable that the Company be wound up.”30. Again in Mohan Lal v. Grain Chamber Ltd., Muzaffarnagar AIR 1968 SC 772 this Court had held that:“Primarily the circumstances existing at the date of the petition must be taken into consideration for determining whether a case is made out for holding that it is just and equitable that the Company should be wound up.”[See also Rajahmundry Electric Supply Corporation case and S.P Jain v. Kalinga TubesLtd.9]31. Keeping the ratio of Ebrahimi case in the forefront of his argument Mr Sen submits that in the present case also there was a definite understanding and agreement between the two family groups for equal status and equal participation in management and, therefore, exclusion of the respondents from the directorship is burial of mutual trust and denial of that relationship on which alone the Company was formed and hence there is a prima facie case for admitting the petition.32. Although the Indian Companies Act is modelled on the English Companies Act, the Indian law is developing on its own lines. Our law is also making significant progress of its own as and when necessary. Where the words used in both the Acts are identical, the English decisions may throw good light and reasons may be persuasive. But as the Privy Council observed long ago in Ramanandi Kuer v. Kalawati Kuer AIR 1928 PC 2“it has often been pointed out by this Board that where there is a positive enactment of the Indian legislature, the proper course is to examine the language of that statute and to ascertain its proper meaning — uninfluenced by any considerations derived from the previous state of the law or of the English law upon which it may have been founded”.If it was true in the twenties it is more apposite now that the background, conditions and circumstances of the Indian society, the needs and requirements of our country call for a somewhat different treatment. We will have to adjust and adapt, limit or extend, the principles derived from English decisions, entitled as they are to great respect, suiting the conditions of our society and the country in general, always, however, with one primary consideration in view that the general interests of the shareholders may not be readily sacrificed at the altar of squabbles of directors of powerful groups for power to manage the Company.33. When more than one family or several friends and relations together form a Company and there is no right as such agreed upon for active participation of members who are sought to be excluded from management, the principles of dissolution of partnership cannot be liberally invoked. Besides, it is only when shareholding is more or less equal and there is a case of complete deadlock in the Company on account of lack of probity in the management of the Company and there is no hope or possibility of smooth and efficient continuance of the Company as a commercial concern, there may arise a case for winding-up on the just and equitable ground. In a given case the principles of dissolution of partnership may apply squarely if the apparent structure of the Company is not the real structure and on piercing the veil it is found that in reality it is a partnership. On the allegations and submissions in the present case, we are not prepared to extend these principles to the present Company.34. The principle of “just and equitable” clause baffles a precise definition. It must rest with the judicial discretion of the court depending upon the facts and circumstances of each case. These are necessarily equitable considerations and may, in a given case, be superimposed on law. Whether it would be so done in a particular case cannot be put in the straitjacket of an inflexible formula.35. In an application of this type allegations in the petition are of primary importance. A prima facie case has to be made out before the court can take any action in the matter. Even admission of a petition which will lead to advertisement of the winding-up proceedings is likely to cause immense injury to the Company if ultimately the application has to be dismissed. The interest of the applicant alone is not of predominant consideration. The interests of the shareholders of the Company as a whole apart from those of other interests have to be kept in mind at the time of consideration as to whether the application should be admitted on the allegations mentioned in the petition.36. The question that is raised in this appeal is as to what is the scope of Section 433(f) of the Act. Section 433 provides for the circumstances in which a Company may be wound up by the court. There are six recipes in this section and we are concerned with the sixth, namely, that a Company may be wound up by the court if the court is of the opinion that it is just and equitable that the Company should be wound up. Section 222(f) of the English Companies Act, 1948 is in terms identical with the Indian counterpart. Section 433(f). It is now well-established that the sixth clause, namely, “just and equitable” is not to be read as being ejusdem generis with the preceding five clauses. While the five earlier clauses prescribe definite conditions to be fulfilled for the one or the other to be attracted in a given case, the just and equitable clause leaves the entire matter to the wide and wise judicial discretion of the court. The only limitations are the force and content of the words themselves, “just and equitable”. Since, however, the matter cannot be left so uncertain and indefinite, the courts in England for long have developed a rule derived from the history and extent of the equity jurisdiction itself and also born out of recognition of equitable considerations generally. This is particularly so as Section 35(6) of the English Partnership Act, 1890 also contains, inter alia, an analogous provision for the dissolution of partnership by the court. Section 44(g) of the Indian Partnership Act also contains the words “just and equitable”.37. Section 433(f) under which this application has been made has to be read with Section 443(2) of the Act. Under the latter provision where the petition is presented on the ground that it is just and equitable that the Company should be wound up, the court may refuse to make an order of winding-up if it is of opinion that some other remedy is available to the petitioners and that they are acting unreasonably in seeking to have the Company wound up instead of pursuing that other remedy.38. Again under Sections 397 and 398 of the Act there are preventive provisions in the Act as a safeguard against oppression in management. These provisions also indicate that relief under Section 433(f) based on the just and equitable clause is in the nature of a last resort when other remedies are not efficacious enough to protect the general interests of the Company.39. Coming to the present case we find that the Company was formed first with R.P.J and Anil Chandra Dutta. Anil Chandra Dutta was admittedly an employee of V.D.J and it is also claimed that even R.P.J was an employee of a Company in which V.D.J was a managing partner. Although the entire finance was to be arranged by V.D.J, it appears the Company was started by the above two persons with V.D.J remaining in the background. Anil Chandra Dutta soon resigned and other people came in and in 1965-66 there were 19 shareholders, nine headed by R.P.J and ten headed by V.D.J, clearly showing two family groups — R.P.J group had 1875 shares and V.D.J group had 3125 shares. V.D.J stood guarantee for bank overdraft to the tune of Rs 47 lakhs and as the learned Company Judge has noted the stake of the appellant in the Company was about Rs 63 lakhs as opposed to the stake of the respondents amounting to Rs 187 lakhs. It is, therefore, clear that R.P.J group's interest in the Company was not of the same magnitude as that of the appellants. The learned Company Judge put the picture as follows:“The entire affidavit evidence brings in the forefront two broad features. First, that there are disputes between the petitioners and the respondents regarding appointment of Vinode Kumar Jhunjhunwalla and Hariram Modi. It is said on behalf of the petitioners that those appointments in breach of articles and in breach of the provisions of the companies act are adequate grounds for winding up. It is, on the other hand, said by the respondents that the allegations of breach of articles and provisions of the Act are denied and these are the subject-matter of remedy by suit and are not the subject-matter of winding up. The other feature is that the respondents charge the petitioners with misappropriation. The petitioners also charge the respondents with having utilised the funds of the Company.”40. Is this Company, in substance a partnership or in the image of a partnership as claimed? We may now address to this aspect strenuously emphasised by Mr Sen. If, as in Ebrahimi case there had been an earlier partnership and the partners later on formed into a Company, the matter would have stood on a different footing. In the present case, however, we do not find any special features which would unquestionably lead to the conclusion that the Company is in substance a partnership. On the other hand the following aspects are noteworthy.41. Assuming partnership had been contemplated, the idea was deliberately abandoned. The Company was started with one Anil Chandra Dutta who was no relation of the two families but was an employee of V.D.J This would negat the idea of partnership which connotes equal status amongst the partners. While it is true that a director may work in the Company on remuneration, R.P.J, however, served like an employee on monthly salary not on his own initiative enjoying an equal partner's freedom and prestige but directly under the supervision and control of V.D.J acknowledging a status definitely of a subordinate character. The voluntary financial involvement of a large stake by V.D.J carefully sought to be protected against erosion of his interests by constant vigil on the day-to-day working does not fit in with the concept of a partnership.42. All the above features do not enable us to accept the submission of the respondents that the Company in this case is in substance a partnership.43. In the present case there is yet another important feature against the respondents. Serious trouble apparently arose on or about May 23, 1966, when a Board meeting was notified. Prior to that even though something might, perhaps, be brewing inside, but nothing came to the surface although the respondents alleged that V.D.J's son, Vinode Kumar Jhunjhunwalla, had been sent to the States at Company's expense and was later on, after completion of education, appointed as Technical Director and that all these were illegal actions. It is significant that R.P.J group was present in the meeting when these resolutions were passed and they made no grievance at the time about the same. The petition for winding-up was filed on June 7, 1966 and the foundation for it was laid in the solicitors' letter to the appellants on May 27, 1966. That may be said to be the nucleus of the dispute so far as the records show.44. It is not a proper principle to encourage hasty petitions of this nature without first attempting to sort out the dispute and controversy between the members in the domestic forum in conformity with the articles of association. There must be materials to show when “just and equitable” clause is invoked, that it is just and equitable not only to the persons applying for winding-up but also to the Company and to all its shareholders. The Company court will have to keep in mind the position of the Company as a whole and the interests of the shareholders and see that they do not suffer in a fight for power that ensues between two groups.45. The cases of small companies stand on a different footing from a Company like the present with nineteen shareholders, although apparently arrayed in two groups. It is not, prima facie, established on the allegations that the Company cannot run smoothly in the best interest of the general shareholders, including the R.P.J group, after exit of the quondam directors.46. The conclusion of the Division Bench that the Company is in substance a partnership venture was based on the following principal reasons:“(1) The original idea was to start a partnership venture and that idea was given ultimately the shape of a private Company.(2) The sir khata account shows that the starting on a partnership venture the parties set up a private Company.(3) The shareholding shows division amongst two family groups.(4) There was no denial by the appellants of a specific averment of the respondents that the Company was in substance a partnership.(5) The respondents were all along functioning as working partners and the respondent, V.D.J, was the financial partner.”47. We will examine each of these reasons.48. With regard to the first reason, the solicitors' letter of May 27, 1966, which is the nucleus of the subsequent winding-up petition filed in court is of great significance and the improvement in the version later in the petition will lose its importance. It was stated in the solicitors' letter that“sometime in May 1956 it was agreed between our client Shri R.P Jhunjhunwalla and Shri V.D Jhunjhunwalla and Shri Mahabir Prasad Jhunjhunwalla to do some type of business in partnership. Shri V.D Jhunjhunwalla suggested that a limited Company should be formed in which our client could hold shares to the extent of -/6 annas and Shri V.D Jhunjhunwalla and Shri Mahabir Prasad Jhunjhunwalla to the extent of annas -/10 and that our client would manage the business of such Company as and when it was formed and that the requisite finance for the working of the Company would be made by Shri V.D Jhunjhunwalla and Shri Mahabir Prasad Jhunjhunwalla”.49. There is nothing in the above para which is the corner-stone of the plea of partnership in substance that there was any active contemplation about forming of a partnership. Reference to “some type of business of partnership” is very casual in the above extract. On the other hand, it is more reasonable to conclude that although there might have been discussion about the advantages and disadvantages of partnership vis-a-vis a private limited Company, no time was lost in deciding to form a Company. If this is the only basis of agreement between the parties to sustain the claim, we are unable to accept the same.50. Regarding the second reason, the sir khata account which has been heavily relied upon to found an agreement or understanding is wholly misconceived. It merely shows that a joint account was, for the time being opened for the purpose of the formation of the Company and the account was closed on such formation. It does not indicate any understanding as to the right of management of the Company by any group of shareholders. Thirdly, because the shareholding is between two family groups, it cannot be said that the Company thereby takes the image of partnership. On the other hand, the fact that after discussion, the parties deliberately abandoned the idea of forming a partnership would go to show that there was no intention to carry on business as partners. Fourthly, after going through the correspondence it is not possible to say that there was no denial of the averment by the respondents that the Company was in substance a partnership. Apart from anything else it is enough to point out that in the letter of V.D.J dated June 3, 1963, the allegations have been clearly denied. It is, therefore, a very weak reason to reckon. With regard to the last reason, it appears that the respondents themselves took the position in their petition that R.P.J was managing the affairs of the Company under daily supervision and control of V.D.J Whether this position is accepted by the appellants or not, their statement in that respect gives no indication of their right to manage the business as a working partner as claimed. Besides, working on remuneration by a director is not an unknown feature even in Company business and we have already adverted to the status in which he worked. Nothing, therefore, turns on this feature. All the above reasons, therefore, fail to convince us that the conclusion of the Division Bench that the Company is in substance a partnership, is correct.51. We should observe, however, that nothing observed by us in this appeal may be taken as expression of any opinion on the merits of the allegations and counter-allegations of the parties.52. In the result the appeal is allowed with costs. The judgment of the Division Bench is set aside. The winding-up petition stands dismissed and the stay petition of the appellant is allowed.