Judgment Search Results Home > Cases Phrase: indian railway board act 1905 section 4 repealed Court: chennai Page 10 of about 22,205 results (0.188 seconds)

Rama Muthuramalingam, State Propaganda Committee Member Vs. the Deputy ...

Court : Chennai

Reported in : AIR2005Mad1; 2004(5)CTC554

..... the power of judicial review, the courts cannot be oblivious of the practical needs of the government. the door has to be left open for trial and error.'23. in indian railway construction co. limited v. ajay kumar, 2003 (2) uplbec 1206 (vide para 14) the supreme court observed that there are three grounds on which administrative action is ..... to expect judges intelligently to review a 5000 page record addressing the intricacies of a public utility operation. it is not the function of a judge to act as a super board, or with the zeal of a pedantic school master substituting its judgment for that of the administrator.'20. in administrative matters the court should therefore ordinarily defer ..... be activist. sometimes judicial activism is a useful adjunct to democracy such as in the school segregation and human rights decisions of the u.s. supreme court, vide brown v. board of education, (1954) 347 u.s. 483, miranda v. arizona, 384 u.s. 436, roe v. wade, 410 u.s. 113, etc. or the decisions of .....

M.S.Muhammed Sheik Abdullah Vs. the Secretary and ors.

Court : Chennai

..... in (1971) 1 wlr 1062 observed: one must not, of course, construe even a reserved judgment of russell l.j. as if it were an act of parliament. and, in herrington v. british railways board (1972(2) wlr 537) lord morris said: there is always peril in treating the words of a speech or judgment as though they are words in ..... miscarriage of justice. the expression rarest of rare cases is not used in the sense in which it is used with reference to punishment for offences under section 302 ipc, but to emphasise that the power under section 482 crpc to quash the fir or criminal proceedings should be used sparingly and with circumspection. judgments are not to be ..... 761), lord mac dermot observed: the matter cannot, of course, be settled merely by treating the ipsissima vertra of willes,j. as though they were part of an act of parliament and applying the rules of interpretation appropriate thereto. this is not to detract from the great weight to be given to the language actually used by that most .....

Thaicom Public Company Limited Vs. Raj Television Network Ltd.

Court : Chennai

..... procedural law or a substantive law so far as time limits barring the remedy such as for breach of contract is concerned. the madras high court in chairman, railway board, government of india v. p. chandrasekaran [decision dated 17th january 2006 in writ petition no. 29444 of 2003] held that "the principle of limitation bars ..... by the learned arbitrator. 13.3. this argument was supported by relying upon the prescribed period of limitation of three years, available under the indian limitation act, 1963 (in short "the indian limitation act"). furthermore, in this context, learned counsel for the respondent, while conceding that the law of limitation was part of the procedural law, ..... required". 20.3. once it is held that, in the given facts, singaporean law of limitation would apply, then the breach, if any, of the indian limitation act, would be a contravention of a procedural law, which would not necessarily, as indicated above, impinge upon the fundamental policy of india. 20.4. the supreme .....

Thiruvenkataswami (K.) Vs. Coimbatore Municipality (Represented by Its ...

Court : Chennai

Reported in : (1968)ILLJ361Mad

..... act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the fundamental and supplementary rules, civil services (classification control and appeal) rules, civil services (temporary service) rules, revised leave rules, civil service regulations, civilians in defence service (classification, control and appeal) rules or the indian railway ..... rules and notifies them under the provisions or section 13b. it has been held in p. raman nambsan and ors. v. madras state electricity board (by its secretary) and ors. : (1967)illj252mad that section 13b cannot be availed of for purposes of framing rules to govern the relationships ..... and distribution of electricity is being carried on,the coimbatore manicipality is a bulk consumer of electricity. they obtain energy from the state electricity board and transmit and distribute it. any establishment in which any work relating to generation, or relating to transmission and distribution of electricity is .....

The State of Madras Vs. the Indian Coffee Board

Court : Chennai

Reported in : [1956]7STC522(Mad)

..... poisons ltd., bombay.2. the tribunal was of the view that the sales had been effected in the course of inter-state trade, and that the assessee, the indian coffee board, was entitled to the immunity from taxation guaranteed by article 286(2) of the constitution. it was the correctness of that decision that the government challenged by their application ..... on the transactions could make no real difference, in answering the question, was it an intra-state sale or an inter-state sale. as between the seller and buyer acting through his agaent the sale was concluded by delivery within the state; and that was all that had to be established to sustain the claim of the department, that ..... s.v.c. factory [1953] 4 s.t.c. 205 , that the tribunal relied to hold that the sales in question were not liable to taxation under the act. the learned judges of the supreme court observed:the contention on behalf of the state was that though the purchases were made outside the state in the neighbouring districts of .....

The Commissioner of Income-tax Vs. A.L.S.P.P.L. Subramanian Chettiar a ...

Court : Chennai

Reported in : AIR1928Mad923; 110Ind.Cas.889; (1928)55MLJ416

..... seems to be different from that in england and the english cases mentioned by the learned vakil for the commissioner have really no bearing on the construction of the indian act and need not be referred to. it is hardly necessary to observe-that, when interest is deducted from the earnings under this clause by the partnership as its expenditure ..... open to the commissioner to find that there was no genuine borrowing of capital. i agree that the present case falls under section 10(2)(iii) of the indian income-tax act.beasley, j.i agree and make the same reservation as wallace, j.tiruvenkatachariar, j.1. the answer to the question referred to the full bench depends upon ..... the meaning which should be ascribed to the expression 'capital borrowed for the purposes of the business' in section 10, clause 2 (iii) of the indian income-tax act. it was argued by the learned vakil for the commissioner that any sum of money which a partner puts into the business of a firm for being used as .....

Periya Akkandi Chetty Vs. Rethinagiri Chetty and ors.

Court : Chennai

Reported in : AIR1945Mad315; (1945)1MLJ275

..... courts and pointed out that the liability of several executants of a document was joint and several as laid down under section 43 of the indian contract act, that section 249 of the indian contract act enunciated the same principle as regards partners and that consequently the plaintiff could have filed a suit for the recovery of the whole of ..... m.l.j. 41 : i.l.r. 413 mad. 446. the learned judges stated that the english statute is not very different from section 13 of the indian limitation act. after referring to the three decisions of the english courts above referred to, the learned judges said this:prima facie therefore the extreme contention of the learned vakil for ..... decision in palaniappa chettiar v. veerappa chettiar (1917) 34 m.l.j. 41 : i.l.r. 41 mad. 446, is right section 2(4) of the indian imitation act defines the word 'defendant', thus,.defendant includes any person from or through whom a defendant derives his liability to be sued.10. here the first defendant sold the property .....

The Madras and Southern Mahratta Railway Co., Ltd., by Its Agent Vs. S ...

Court : Chennai

Reported in : (1927)53MLJ407

..... plaintiff to discharge the onus of proving what after all is a very serious fact, an act of wilful misconduct on the part of one of the company's servants.' this view has been accepted by the calcutta high court in a case, viz., east indian railway co. v. shib prosad dutt rai 78 indcas 449 and the same view has been put ..... of the present risk note, and also by a bench of the lahore high court in gulab rai lahri mal v. east indian railway company ilr (1925) lah. 305, a case in which the facts were even more strong against the railway company than in the present case. i am clear, therefore, that the lower court has gone wholly wrong in its interpretation ..... forward by the learned judge of this court in the bombay, baroda and central india railway company, ltd. v. pratapaehand firm (1924) 48 mlj 400 which, though a ruling on .....

M.A.P. Palanichami Nadar Vs. the Governor-general of India in Council, ...

Court : Chennai

Reported in : AIR1946Mad133; (1945)2MLJ448

..... no cause of action in respect of the alleged short delivery against the respondent company having regard to the language of section 80 of the indian railways act. the second objection is that the claim of the plaintiff in respect of this item is barred by limitation under article 31 of the first schedule ..... circumstances, i find no difficulty in holding that the petitioner has succeeded in proving that the loss occurred on the railway of the delivering company and that consequently under section 80 of the indian railways act the suit is maintainable against the delivering company and the claim of compensation in respect of short delivery is sustainable.6 ..... of the limitation act.4. section 80 of the indian railways act provides that a suit for compensation for loss of goods, where the goods were booked over the railways of two or more administrations, may be brought either against the railway administration to which the goods were delivered by the .....

C. Ramaswamy, and Others Vs. Commissioner of Agricultural Income-tax, ...

Court : Chennai

Reported in : [1964]51ITR164(Mad)

..... income-tax officer determined the assessable income of the firm from the estate as 60% of the total income determined by the income-tax officer acting under the indian income-tax act. each one of these petitioners claimed by way of deduction 60% of the interest paid on their respective capital borrowing. in computing the income under ..... from tea grown and manufactured in the state of madras after allowing the deductions allowed by this act : this assessment being subject to revision after the income for the year has been determined for the purpose of the indian income-tax act, 1922...(2) the deductions referred to above are specified in section 5 and rules 3, ..... and manufactured by the seller in the state of madras, the portion of the income worked out under the indian income-tax act and left unassessed as being agricultural shall be assessed under the act after allowing such deductions under the act and the rules made thereunder :...provided further that if the income for the purpose of the .....