Court : Allahabad
Reported in : 82Ind.Cas.772
..... is perfectly clear that the points for determination were brought out by the evidence on the record. the first point to be noted is this. the east indian railway company, were the carriers from howrah to agra. the plaintiff took some sort of objection originally in respect to an alleged damage done to the goods when they ..... arises was brought is 1918 in the court of the subordinate judge of agra by the proprietor of a firm carrying on business at agra against the east indian railway company on the following allegations:(1) that the plaintiff had had consigned to him 101 bales of strawboard from howrah to agra city in two waggons one containing ..... sections 227 and 237 of the indian contract act. here the station master clearly had authority to bind the company by his action. the responsibility of the railway company is thus that of a bailee under sections 151, 152 and 161 of the indian contract act. this is clear from the provisions of section 72 of the indian railways act (ix of 1890).8. it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All789; 145Ind.Cas.893
..... be enforced.62. but this statement, will all respect, is a loose one and is not supported, if we take the language strictly, by the provisions of the companies act, either english or indian. a creditor's interest is vastly different from the interest of the debtor and indeed they are antagonistic. to say that the liquidator represents the creditors is to state ..... we can apply. in order to see the suitable article out of the 183 articles provided by the indian act we have to see which is the most applicable. before sub-section 3, section 235, companies act, 1913, was enacted, on the use of the word 'application' in the first sub-section, it appears to have been held in d. connell v. himalaya bank .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All685
..... by their lordships of the privy council in norendra nath sircar v. kamalbasini dasi (1895) l.r., 23 i.a., 18 and also in robinson v. canadian pacific railway company l.r., 1892, a.c., 481, where they add that resort must be had to the pre-existing law in all instances where a code contains provisions of doubtful ..... in such cases.'49. mr. justice fulton, while admitting that is was undoubtedly a serious measure to limit the meaning of words in such a carefully drawn act as the indian penal code, and one which no court would attempt unless it were practically certain that the matter to be eliminated was not within the contemplation of the legislature, ..... i find that their lordships themselves say the question did not arise for consideration and i can find no reference in the judgment to the penal code. moreover, the indian evidence act had not, when this judgment was passed, been, consolidated. i am therefore forced to consider the question virtually as res integra and in the light of the laws .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All43
..... of policy' appeared to bhagwati, j. to be a proper reason for not giving the whole meaning to the general words of section 232(1) of the indian companies act, it would, i think, be far less proper for me to think that the word 'held' is intentionally used in section 9 by the legislature for the ..... quote, profitably, from the opinion of bhagwati, j. in : [1955]2scr374 . while giving to some general words in the amendment to section 232(1) of the, indian companies act a limited meaning, bhagwati, j. observed :'whereas before the amendment the secured creditor stood outside the winding up and could if the mortgage-deed so provided, realise his security ..... ed. 376 at p. 382. frankfurter, j. clearly pointed out that one could not always shut one's eyes to everything else except the naked words of an act. the learned judges warned against the pernicious effects likely to follow over-simplification in interpretations. as frankfurter, j. pointed out 'a statute, like other living organisms, derives .....
Tag this Judgment!Court : Allahabad
Reported in : (1902)ILR24All348
..... of criminal procedure, this court is the high court for the kumaun division. by rule (11) it is provided that for the purpose of the indian succession act, the indian companies act, 1882, and the indian railways' act, 1890, this high court shall be the high court for the kumaun division. for these purposes, and for these purposes alone, has this high ..... date of such extension. in pursuance of the powers given by this section the code of criminal procedure, the indian succession act, 1885, the indian companies' act, 1882, and the indian railways' act, were extended to kumaun. by section 6 of the act the local government is empowered from time to time to--'(a) appoint officers to administer civil and criminal justice...and ..... this section. it might as well, we think, be said that inasmuch as this court is the high court for the purposes of the indian divorce act in the province of oudh, and is also the high court in the same province in the matter of references under section 57, clause (b), of .....
Tag this Judgment!Court : Allahabad
Reported in : (1922)ILR44All645
..... bench of this court has held that a condition like that does not absolve the person who claims to make the railway company liable from the necessity of giving the notice contemplated by section 77 of the indian railways act. this ground of attack also fails. i, therefore, dismiss this application for revision and confirm the decree of the ..... the same act, in the case of state railways managed by a company, is served on the government or on the agent of the company managing the. railway or the manager of the government. in the present case, whatever ..... present case under section 77 of the railways act was a notice to the agent of the company and that any correspondence with or notice to the divisional traffic manager at cawnpore would be of no avail. it is true that the notice contemplated by section 77 of the indian railways act and, having regard to section 140 of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All1
..... preliminary objection that rajendra prasad oil mills, kanpur. to the knowledge of the plaintiff belonged to n. k. industries ltd., kanpur, a limited company registered under the indian companies act. there was no firm of the name of rajendra prasad oil mills. the frame of the suit was bad and it was liable to be dismissed ..... order shall apply.'there has been no controversy that 'rajendra prasad oil mills' was an undertaking owned by messrs. n. e, industries, a limited company functioning under the indian companies act. the learned civil judge appears to have relied on the provision quoted above in support of his view that since 'rajendra prasad oil mills' had ..... been described therein as the preliminary objection that 'rajen-dra prasad oil mills, kanpur, belonged to n. k. industries ltd., kanpur, a limited company registered under the indian companies act, of which lal rameshwar prasad was the managing director, and the frame of the suit was bad as it was liable to be dismissed on this .....
Tag this Judgment!Court : Allahabad
Reported in : 66Ind.Cas.578
..... bench of this court has held that a condition like that does not absolve the person who claims to make the railway company liable from the necessity of giving the notice contemplated by section 77 of the indian railways act. this ground of attack also fails. i, therefore, dismiss this application for revision and confirm the dearee of the ..... etc,' and it was argued that, having regard to this cspecial condition, the notice contemplated by section 77 of the indian railways act was not necessary. this point, too, has been the subject of a decision of this court; [see great indian peninsula railway company v. ganpat rai 10 ind, cas, 122 : 33 a. 544 : 8 a. l. j. 513. ..... it is true that the notice contemplated by section 77 of the indian railways act and, having regard to section 140 of the same act, in the case of state railways, managed by a company, is served on the government or on the agent of the company managing the railway or the manager of the government. in the present case whatever .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All234
..... ram a firm of merchants against two defendants (1) the governor general in council representing the east indian railway company and the oudh and tirhut railway through the secretary railway department central government new delhi and (2) the oudh and tirhut railway through the chief commercial manager gorakhpur. the suit was for the recovery of rs. 5135/11/- ..... deterioration or destruction then only a notice under section 77 of the indian railways act is necessary but where non-delivery of goods is due to any other reason then no such notice is required.' (head-note).36. in the present case the railway company has failed to prove that the non-delivery is due to ..... indian railways act (no. ix of 1890) was preferred by the plaintiffs within six months of the date of delivery of the goods for carriage by the railways?2. * * * * *3. is the suit barred by limitation? 4. whether the goods consigned were looted by a riotous mob in august 1942-at baroni junction railway station of b. n. rly. company .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2251; (2002)3UPLBEC2231
..... by his lordship. i, therefore, feel it appropriate to express my views and findings on all issues framed by the apex court.15. the indian railway construction company limited (hereinafter referred to as 'company') is a company incorporated under the indian companies act, it is wholly owned by government of india and concededly it is an instrumentality of 'state' within the meaning of article 12 of the constitution ..... s.k. singh, j.1. indian railway construction company limited (in short the respondent company) is a government of india owned company registered under the provisions of the companies act, 1956. all the shares of the company are held by the president and/or officers of the central government in the name of the president of india. the respondent company concededly an instrumentality of state within the meaning of article .....
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