DR. AMBEDKAR....................AWARD 297
just the same. That being so the case is relevant because it enunciates a very important rule relating to the interpretation of the word ‘recommend’. As one can see from the judgment of Lord Denman the rule is that the word ‘recommend’ cannot be interpreted to mean a binding direction from which there is no escape if such an interpretation becomes inconsistent with the exercise of certain other positive powers vested in the person to whom the recommendation is made.
Now in the case of Thakore Saheb vs. Vallabhbhai can it not be said that the position of the Thakore Saheb is the same as that of Mr. Cottee ? Can it not be further said that like Mr. Cottee the Thakore Saheb also in his capacity as the Crown possesses certain positive powers? Such as the power to appoint, reject or dismiss any person to or from any place, if it is right to say that the Thakore Saheb stands in the same position at that of Mr. Cottee then how can one escape the conclusion that the rule to be applied in deciding the case of Thakore Saheb vs. Vallabhbhai is the rule laid down in Knott vs. Cottee ?
Another Authority
There is also another authority Johnson vs. Rowlands
(17 L. J. Ch 438) which can be usefully referred to in this connection. In this case the question was the interpretation of the word recommend as used in a Will. In the Will the testator had said, “I gave the same (a certain amount of money) to be disposed off in such a way as she shall think proper. But I recommend to her to dispose of ½ of it to her own relations.” The legatee did not dispose of the ½ to her own relations as recommended by the testator. Question was whether she could depart from the recommendation. The Court held that she could. To use the language of the judgement ‘recommendation’ may mean command. But it cannot mean command if it is inconsistent with the legal and equitable power of . the person to whom the recommendation is made to depart from the recommendation.
It is true that the language of the letter written by the Thakore Saheb is different from the language of the Will in the Johnson vs. Rowlands. But supposing the letter written by the Thakore Saheb