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Judgment Search Results Home > Cases Phrase: finance act 2007 section 94 amendment of section 2 Court: privy council Page 17 of about 511 results (0.055 seconds)

Dec 10 1936 (PC)

The United Motor Finance Company Vs. Addison and Company Limited

Court : Mumbai

Reported in : (1937)39BOMLR706

..... described in the decree of stone j. by the words 'on the basis of what the plaintiffs have lost by entering into the transaction.' their lordships will humbly finance co. advise his majesty accordingly.12. as regards costs of the trial court the plaintiff firm should get its costs addison calculated on the amount ultimately to be decreed ..... so with a view to the plaintiff firm entering into a purchase, there is a sufficient basis for an action of deceit, provided always that the plaintiff firm relied finance co. upon the statement. no doubt if it could be said that the statement made v. by the defendants was untrue but that the person making it did ..... from the defendants proposal forms, invoices, motor letters, &c.;, by post, and answering the same by sending cheques, &c.;, in finance co. like manner. in may, 1929, however, the plaintiff firm appointed one pointing to act for them. the exact extent of his authority is a matter of some addison dispute between the parties, but a main object of .....

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Jul 25 1930 (PC)

The Tea Financing Syndicate Ltd. Vs. Chandra Kamal Bez Barua

Court : Kolkata

Reported in : AIR1931Cal359

..... pp. 214-15; carson's real property statutes, edn. 3, pp. 256-257).45. let us now turn to the provisions in the indian statutes. by section 8, act 14 of 1859, it was provided that in suits for balance of accounts current between merchants and traders who have had mutual dealings, the cause of action should be ..... together with interest thereon within seven days from the date of the notice. the defendant, on 20th september, blame3 the plaintiffs for having damaged his property by stopping finance, and says that he is going to dispose of the necessary quantity of tea in local sales in order to meet the garden expenditure for the remainder of ..... against the defendant, bezboruah, the proprietor of a tea estate in assam called the boloma tea estate. pending suit the plaintiff company assigned its interest to the tea financing syndicate ltd. which has been substituted as plaintiff, but this assignment may for the present purpose be ignored.2. the suit is brought upon a dead of hypothecation dated .....

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Oct 03 1934 (PC)

Ram Nath and anr. Vs. Chiranji Lal and anr.

Court : Allahabad

Reported in : AIR1935All221; 155Ind.Cas.136

..... the discharge of the secured and the unsecured debt. the point raised in this branch of the case is not in terms covered by section 61, contract act, but in my judgment the principle underlying that section should be applied. learned counsel for the plaintiffs has not contended, as in my view he could reasonably have contended, that the sum ..... be applicable to a case in which money had been borrowed or alienation made by the manager of an ancestral joint family business for the proper purpose of financing that ancestral joint family business. the question as to whether in a particular case a business newly started or old is an ancestral family business will depend on ..... bench of this court, which has referred two questions to the full bench for consideration. these may be formulated as follows : (1) whether where the business to finance which money has been borrowed is a family business and the loan is for the benefit of the family, the sons are liable for the repayment of the loan contracted .....

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Jul 24 1923 (PC)

Bank of Bengal Vs. William Arratoon Lucas and ors.

Court : Kolkata

Reported in : AIR1924Cal578

..... the assignment of a mortgage is not by itself sufficient to constitute a new mortgage. in the absence, however, of a statutory provision like that embodied in section 27 of the conveyancing act, 1881, which prescribes forms of statutory transfer of mortgage, there is no reason why a document should not be of a mixed character, namely, a transfer ..... 1921,) lucas asserts his entire ignorance as to any deed of guarantee by vertannes and bertram to the bank. the plain fact is that for years he had obtained finance from his broker; that vertannes and bertram were to be his sole brokers and that his business was conducted accordingly.26. coming first to the allegation that mr. ..... statements in the deed of 1914 are outrageously wrong. he has not thought it necessary before finding this to take an account of the transactions between lucas and his financing brokers, though commission on all local sales is expressly provided for by the deed of 1910.37. the defendant's case as put by his learned vakil, .....

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Jul 24 1923 (PC)

Bank of Bengal Vs. W.A. Lucas

Court : Kolkata

Reported in : (1924)ILR51Cal185

..... the assignment of a mortgage is not by itself sufficient to constitute a new mortgage. in the absence, however, of a statutory provision like that embodied in section 27 of the conveyancing act, 1881, which prescribes forms of statutory transfer of mortgage, there is no reason why a document should not be of a mixed character, namely, a transfer ..... 1921) lucas asserts his entire ignorance as to any deed of guarantee by vertannes and bertram to the bank. the plain fact is that for years he had obtained finance from his broker: that vertannes and bertram were to be his sole brokers: and that his business was conducted accordingly.27. coming first to the allegation that mr. ..... statements in the deed of 1914 are outrageously wrong. he has not thought it necessary before finding this to take an account of the transactions between lucas and his financing brokers, though commission on all local sales is expressly provided for by the deed of 1910.40. the defendant's case as put by his learned vakil, .....

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May 14 1936 (PC)

George Pardew Lovibond Vs. Grand Trunk Ry. Co., Canada and Others

Court : Privy Council

..... ontario expressed his views in the following words : it thus appears from the statement of claim that the stock in question has been transferred to the minister of finance in trust for his majesty represented by the government of canada; that the plaintiff contends that such transfer is illegal and should be so declared. the plaintiff ..... part of the junior stocks not transferred to the government in exchange for the new guaranteed stock might be declared to be the property of the minister of finance in trust for his majesty, and upon the making of such declaration such stock not so transferred should immediately become the property of his majesty and entries ..... entered on the stock register of the grand trunk a transfer of the junior stocks to the minister of finance. subsequently an amalgamation took place between the canadian national railway company (a company incorporated in the year 1919 by special act of the parliament of canada 9-10 geo. v. cap. 13, and hereinafter referred to as the .....

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May 19 1931 (PC)

Pazundaung Bazaar Co. Ltd. and Others Vs. Municipal Corporation of the ...

Court : Privy Council

..... 1927. this report was considered at a meeting of the corporation held on 1st march 1927, when the following motion was passed: "that the report of the finance committee dated 8th february 1927, be adopted." in accordance with this resolution of the corporation the total sum of rupees 12,308 was divided among the private markets ..... restraining the corporation from collecting the licence fees on the scale laid down by the rule or on any other scale than "the bare scale necessary for the proper financing of such licences." upon appeal by the corporation, the decision that the rule was ultra vires and illegal was affirmed, but upon a wholly different ground, viz., ..... brought, were not fees charged at a rate fixed by the corporation within the meaning of s. 178 (3) of the act of 1922, and validly charged under the powers conferred upon the corporation by that section. their lordships are, for the reasons stated, of opinion that this appeal fails and should be dismissed with costs, and they .....

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Aug 29 1917 (PC)

Palaniammal Vs. Muthuvenkatachala Maniagarar and ors.

Court : Chennai

Reported in : AIR1918Mad242; 43Ind.Cas.833; (1917)33MLJ759

..... date as exhibit.p which the district judge rightly thinks was propably a bribe to him. it appears from the recitals in exhibit p that he had also agreed to finance the 6th defendant. it is also proved that the husband of the sister of the last male holder executed a promissory note for rupees 5,000 (exhibit dd) to ..... deeply interested in the success of the 2nd and 3rd defendants in that suit. if they did not succeed in their contention, he would lose the moneys he spent for financing the suit and also the valuable village and lands agreed to be given to him. after the award was passed he actually got the village of alagapuri and other lands ..... an agreement from the 11th defendant in the interpleader suit who is the 21st defendant in the present suit to act as her agent in the litigation and finance her and subsequently got an agreement (exhibit jj.), from the 1st defendant agreeing to finance him. after the award the 6th defendant who got a share in this compromise brought about with the help .....

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Jul 12 1882 (PC)

In Re: Indian Companies' Act of 1866 and of the Media Tea Co., Limited ...

Court : Kolkata

Reported in : (1883)ILR9Cal14

..... secretary, it was necessary for preserving the credit of the company that they should be at once taken up; and that new funds not being immediately forthcoming to finance the gardens, the coolies under engagement there would have also broken their engagements and run away, and the property would have gone. i also say that money ..... , etc., etc.; and that the course of business was, as it is we believe with the greater number of these companies, that the concern should be 'financed,'--that is to say, that some agent in calcutta or elsewhere should make the advances necessary to meet current expenses, soiling and giving credit for all sums received ..... hotel company 6 eq., 82--sufficiently dispose of this objection. there is nothing in the companies' act or in the articles of association, or memorandum of association, of the company to render such a mortgage invalid. the system of financing' the current expenditure appears to have been from the outset the regular mode of transacting the company .....

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Jul 09 1915 (PC)

Mitchell (Surveyor of Taxes) Vs. Egyptian Hotels, Limited

Court : House of Lords

..... seat and controlling power of the company remained in england with the board of directors of the company. how far, in any particular case, the power over finance gives controlling power is a question for the commissioners, but i find it difficult to appreciate how any trade or business can be exclusively carried on outside the ..... financial trading results to the board of directors of the company in england for the purpose of being incorporated in the company's accounts and balance-sheets and acted upon for the declaration of dividends. the egyptian accounts were made up and audited in egypt and subsequently forwarded to the respondents' office in london and ..... board in egypt "reported the financial trading results to the board of directors for the purpose of being incorporated in the company's accounts and balance-sheets, and acted upon for the declaration of dividends," and, therefore, as i read it, impliedly finds, and certainly nowhere finds the contrary, that such results were adopted by .....

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