Court : Chennai
Reported in : (1902)ILR25Mad635
..... council may be entitled will not be the same as in the case of the street mayor of birkenhead v. l. and n.w. railway company 15 q.b.d. 572.17. turning now to indian cases, in the chairman of the naihati municipality v. kishori lal goswami i.l.r. 13 calc. 171 it was held that the vesting ..... owner of the land forming the street in question. it becomes therefore unnecessary to consider whether, having regard to the restriction imposed on the indian legislature by the proviso to section 22 of the indian councils act, 1861 (24 and 25 vic., ch. 67), and to the authorities empowered in their executive capacity to dispose of all real and ..... the extent of property and the nature of the right, title and interest possessed by urban authorities in streets vested in them under the metropolis local management. act, 1855, the public health act, 1875, and similar enactments, were considered and settled. the leading case in which the question first presented itself for consideration in the court of appeal is .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad516
..... the necessity of going into circumstances impossible to be unravelled.'in british and foreign marine insurance co. ltd. v. indian general navigation and railway co., ltd., ilr 38 cal 28, the consignor filed a suit against the railway company in respect of 1000 bales of jute lost on the carriers' flat on the ground that the loss was caused ..... on account of negligence or criminal acts of the carriers or their servants or their agents. the carriers contended that they are not ..... obligation to carry safely.'at page 45 he also observed:'in india where there is a statutory prohibition against exempting a carrier from loss arising from negligence or criminal acts, there is perhaps an even stronger reason far adopting this canon of construction at any rate within the limits implied by the prohibition.'similarly in k. c. .....
Tag this Judgment!Court : Chennai
Reported in : (1912)23MLJ652
..... to the plaintiff: except on terms indicated by obvious considerations of justice and this view also finds support from mellor j. dictum in clough v. london and northwestern railway company (1871) l.r. 7 ex. 26. in this country there has never been any distinction between equitable and legal jurisdictions and the same court has the power ..... the principle upon which think we ought to act in this case is similar to taht embodied in several statutes of the indian legislature, for instance section 41 of the specific relief act, section 55, subsection 6, clause (b) of the transfer of property act and section 86 of the trusts act. i do not propose to consider whether we ..... taken to the reception of its contents by secondary evidence. mr. ramachandra aiyar, the learned vakil for the appellant, however contends relying upon section 49 of the registration act that the document itself could not be used in evidence at all. section 49 says : ' no document required by section 17 to be registered shall.6. (a .....
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad85; (1926)51MLJ641
..... 11 ch 449:i never knew an amendment set down or discussed upon the marginal note to a clause. the house of commons never has anything to do with the amendment of the marginal note.11. these remarks apply with great force to indian enactments. the object of the act as stated in the ..... be held to control the clear meaning of the section or to show what the section means when the section is not clear. baggallay, l.j., observed in attorney general v. great eastern railway company (1879) ..... urged by mr. suryanarayana that the marginal note should be considered in considering an act. the marginal note here is 'amendment of section 3, act iv of 1882.' whatever may be the view with regard to certain acts of parliament, in the case of indian enactments the marginal notes are never the subject of discussion and they should not .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad286; 97Ind.Cas.295
..... hearing parties interested, as great prejudice might otherwise arise of which the present case itself is a clear instance. under the rules framed by the high court under the indian companies act, vi of 1882, on 9th april, 1895, to take effect from the 1st of may, 1895, rule 74 provides that such sanction shall be obtained 'upon ..... claim above-referred to and to the sale expensesthe balance being credited to the company.16. costs of all parties in these proceedings should be paid out of the company's assets.krishnan, j.17. these are appeals under section 169 of the indian companies act of 1882 against two orders of the district judge of tinnevelly dated 20th february ..... and 11th april, 1920, passed in the course of the winding-up proceedings of the ; south indian mills co. ltd. the earlier order is one granting sanction to the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad264; 157Ind.Cas.503; (1935)68MLJ232
..... special procedure laid down is, in my opinion, not inconsistent with the section.4. i may point out in this connection that it was held, that under the indian companies act of 1882 the special proceeding provided for by section 214 was not subject to any rule of limitation. d. connell v. himalaya bank, ltd. i.l.r.(1895 ..... (3) of the indian companies act but the courts cannot import a rule of limitation where the legislature has either by design or accident ..... v. streeramulu chetti i.l.r.(1896) 19 mad. 149. but under the present companies act, section 235 expressly enacts that applications in respect of misfeasance or breach of trust are in the nature of suits, governed by the provisions of the indian limitation act. the legislature may, if it chooses, enact a provision on the lines of section 235 .....
Tag this Judgment!Court : Chennai
Reported in : (1920)38MLJ360
..... legislative authority has sanctioned is inconsistent with any portion of the railways act, and the learned vakil for the respondent had not satisfied me on this point. i must therefore hold that the rule is inter vires. reference may also be made to toonya ram v. east indian railway company i.l.r. (1902) cal. 257 tippanna v. the ..... question. it was contended by the learned vakil for the respondent that a railway company is not competent to limit its liability to less than the minimum care which the indian contract act imposes on bailees. it is now well settled that under the indian law, a railway company has not the liabilities of an insurer but only those of a bailee ..... . see india general steam navigation company v. bhagwan chandra pal i.l.r. (1913) cal. 716 .....
Tag this Judgment!Court : Chennai
Reported in : 55Ind.Cas.754
..... with the main question. it was contended by the learned vakil for the respondent that a railway company is not competent to limit its liability to less than the minimum care which the indian contract act imposes on bailees. it is now well settled that under the indian law, a railway company has not the liabilities of an insurer but only those of a bailee. see india ..... must be reasonable and just. there is great difference between the english law and the indian law on this subject. if i understand the position aright, a railway company in england would be authorised by parliament to make its own rules and regulations. it would be created by an act of parliament and would have full power to regulate its internal management. under these .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad420
..... rs. 3,000 a month or upwards, carrying on business as a company, etc, etc.23. the word 'company' is defined in the act as meaning:a company registered under the indian companies' act, 1883, or under the acts of parliament, known under the collective title of the companies' acts, incorporated by an act of parliament, or of the governor-general in council, or by royal ..... to the merits.43. earl cairns gives the reason for a strict construction of taxing acts in the following terms in pryce v. monmouthshire canal and railway co. (1878) 4 a.c. 197:my lords, the oases which have decided that taxing acts are to be construed with strictness and that no payment is to be exacted from the ..... subject, which is not dearly and unequivocally required by act of parliament to be made, probably meant .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad878; (1936)71MLJ325
..... construed as 'loss' within the meaning of section 80. i entirely fail to see how that can be so. he also holds that the action of the south indian railway company is a tort and not necessarily a breach of contract. i am again unable to agree with him. any liability in respect of these goods must in my opinion ..... of the bags. the clerk refused to accede to this request, and after some correspondence with the railway officials the consignee persisted in his refusal to take delivery and the consignment was sold by the railway. the consignee then sued the south indian railway company for the value of the consignment and damages for loss of profits. his claim was dismissed by ..... arise from breach of contract, and if that is so, section 80 of the act itself and two allahabad decisions chunni lal v. the nizam's guaranteed state railway company ltd. i.l.r.(1906) 29 all. 228 and kokamal v. great indian peninsular railway (1912) 11 a.l.j. 775 note are clear authority for the position that it .....
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