226 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
to the Principal. This is the theory on which the doctrine of imputed notice is founded.
The Essentials of Imputed Notice
- The knowledge must have come to him as an agent and not in any other capacity. In other words, agency must be strictly proved.
Dyllie vs. Pollen—32 L. J. Ch. 782 (N. S.)
- Agent must be distinguished from a person employed to do merely ministerial act— e.g. a person employed to procure a deed is an agent.
Knowledge to such a person cannot be the basis of imputed notice.
- In this connection, the position (of)* a person who is in the service of two Principals as their agent has to be considered. Suppose, there are two companies, A and B, and C is an officer employed in both A & B. Suppose that A company transferred their legal right to B company which was subject to an equitable right in favour of D of which C had knowledge.
Can D say that B company had notice of his equitable right because C, their agent, had notice of it in his capacity as the agent of A?
The answer is that, his knowledge which had acquired as agent of A company, will not be imputed to B company unless he owes a duty to the A company to communicate his knowledge and also a duty to the B company to receive the notice.
(1896) 2 Ch. 743— In Re Hampshire Land Company.
Facts :
Hampshire Land Company was registered under the Companies Act, 1870.
The Company was closely interconnected with the Port Sea Island Building Society. Four Directors and a Secretary by name Wills were common to both.
Inserted—ed.