Court : Chennai
Reported in : AIR1914Mad311; 24Ind.Cas.423
..... take delivery. the goods were not insured.3. it appears to me on these facts that section 91 of the indian contract act applies : and that delivery to the railway company as a carrier has the same effect as delivery to the buyer and passes title in the goods. if this ..... . 200. and may be distinguished on the simple ground that it was diposed of prior to the enactment of the indian contract act.5. the munsif's order must be set aside. he will restore the suit to his file and dispose of it according to ..... where the goods do not reach the consignee that the special provision of law embodied in the latter part of section 93 of the indian contract act applies.4. the only case quoted by the respondent's vakil is that reported in winter v. way 1 m.h.c.r ..... in bellary. it appears that twenty-five bags of gram were despatched by the plaintiffs at bellary to the defendant at guntur by railway on the defendant's order. it is not alleged that the gram did not reach the defendant : in fact it is clear .....
Tag this Judgment!Court : Chennai
..... committed by him in the course of his employment.13. protection of gratuity.-no gratuity payable under this act [and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under section 5] shall be liable to attachment in execution of any decree or order of ..... regulation 46 will have to be considered. regulation 46 has been framed by the indian bank by virtue of the power conferred on it under the banking companies nationalization act. the regulations framed by the indian bank in terms of the nationalization act is the law within the meaning of article 13 of the constitution. the supreme ..... the pendency of the criminal cases and were paid provisional pension under regulation 46(1). but with reference to gratuity, they were not paid gratuity under the indian bank employees gratuity fund.3. the following table will show the number of the writ petition, name of the petitioner, their designation, the date of .....
Tag this Judgment!Court : Chennai
..... committed by him in the course of his employment.13. protection of gratuity.-no gratuity payable under this act [and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under section 5] shall be liable to attachment in execution of any decree or order of ..... regulation 46 will have to be considered. regulation 46 has been framed by the indian bank by virtue of the power conferred on it under the banking companies nationalization act. the regulations framed by the indian bank in terms of the nationalization act is the law within the meaning of article 13 of the constitution. the supreme ..... the pendency of the criminal cases and were paid provisional pension under regulation 46(1). but with reference to gratuity, they were not paid gratuity under the indian bank employees gratuity fund.3. the following table will show the number of the writ petition, name of the petitioner, their designation, the date of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad855; (1936)71MLJ415
..... the official assignee for the benefit of his creditors a portion of the provident fund amount payable to him by the south indian railway company. the insolvent was until recently employed on a salary of rs. 1,550 a month by the railway. he was adjudicated in november, 1935, and his liabilities are over rs. 40,000. they mostly consist of loans by ..... to me that the object of the present application is to anticipate money coming into the hands of the insolvent and to evade the provisions of the provident fiends act. it is quite obvious that if an anticipatory order can be made ordering the insolvent to hand over the money directly he received it, the beneficent provision of the ..... be paid over, it is equally open to me to order the whole of it to be paid over and so in every case of railway servants, government officials and others affected by the provident funds act, all that is necessary for the official assignee to do is to get an order that the provident fund amount should be paid over .....
Tag this Judgment!Court : Chennai
Reported in : (1977)2MLJ403
..... cases of by-laws of bodies of a public representative character entrusted by parliament with delegated authority, but are for the most part cases of railway companies, dock companies, or other like companies, which carry on their business for their own profit, although incidentally for the advantage of the public. in this class of cases it ..... the marticulation examination of the university? we have no hesitation whatever in holding that having regard to the regulations of the indian certificate of secondary education, the syndicate cannot be said to have acted unreasonably in prescribing the qualifications or imposing the conditions which it had done.28. we have already referred to the ..... by the syndicate while granting recognition to the examination conducted by the council for the indian school certificate examinations cannot be said to be ultra vires or beyond the powers of the syndicate under the provisions of the act.22. as far as the second point is concerned, it was urged on the .....
Tag this Judgment!Court : Chennai
Reported in : (1882)ILR5Mad173
..... be a judge in his own cause. this rule certainly applies in the case of persons constituted judges without the option of the parties. in banger v. the great western railway company 5 h.l. 72 the principle was held not to apply to avoid the award of a referee, to whom, though necessarily interested in the result, the parties had ..... shephard's commentary on the indian contract act as an authority for the rule of the english law that the event upon which the promise is to be performed must not be one within the control of the promisor, has been doubted in aulton v. atkins 18 c.b. 249.10. in grafton v. the eastern counties railway company 8 ex. 699 the ..... a judgment in regard to the suitability of the wood. had this been so, the case would have to be decided on the principle of hotham v. the east india company, in which the defendants wilfully prevented the fulfilment of the condition. in the present case there is no allegation that, the disapproval was other than a genuine disapproval of .....
Tag this Judgment!Court : Chennai
Reported in : 73Ind.Cas.537
..... for hoding that consignee alone can sue in such a case and it does not seem |o me that section 72(3) of the indian railways act has any application here for the responsibility of the railway company is not affected, but that responsibility is to the consignee and not to his agent, the consignor.2. the petition is allowed and ..... bought from kaveri chetty are concerned, it is obvious that plaintiffs can claim no damages and this is practically conceded in argument. under section 91 of the indian contract act the other goods had been delivered to munisami chetty and properties in them had passed to him. plaintiffs in consigning the goods, some of which had never ..... been their property, only acted as munisami's agents. if the property had passed from plaintiffs they have sustained no loss by the non-delivery of the goods and consequently no damages. dawes .....
Tag this Judgment!Court : Chennai
..... to obc employees it is only through the petitioner association they can represent. the petitioner also filed an additional typed set containing various circulars including the circular issued by the indian railways, wherein the facilities extended to sc/st associations were also extended to obc associations. 12.the short question that arises for consideration is whether the petitioner association is entitled for ..... cannot register itself as a society under the societies registration act. section 14 of the trade unions act reads as follows : "14.certain acts not to apply to registered trade unions.- the following acts, namely:- (a)the societies registration act, 1860 (21 of 1860) (b)the co-operative societies act, 1912 (2 of 1912), [* * *] [(e)the companies act, 1956 (1 of 1956),] shall not apply to any registered .....
Tag this Judgment!Court : Chennai
Reported in : (1948)2MLJ423
..... can be no question of waiver and no question of estoppel. even where the central government succeeded to the ownership of a railway company against whom, after proper notice under the indian railways act, a suit had been filed and where the succession was pending the suit, it was held that the suit is not maintainable ..... against the government representing the railway company without fresh notice under section 80--see governor-general of india in council v. raghunandan shenoy : air1947mad64 . in a ..... section 80 of the civil procedure code stating the cause of action has not been given by the plaintiff. the question, therefore, is whether the learned judge acted with material irregularity in the exercise of his jurisdiction in allowing the amendment. the suit as originally framed was based upon the action of the government .....
Tag this Judgment!Court : Chennai
Reported in : (1916)ILR39Mad101
..... and is based on considerations of public policy, it most be regarded as malum prohibitum. see per blackburn, j., at page 379, in taylor v. chichester and midhurset railway company (1867) l.r. 2 ex. 356. in the present case, the contract does not affect the rights of the shareholders nor does it offend public policy. it ..... contention. as pointed out in buckley on companies (9th edition), page 626, 'the directors of a company fill a double character. they are: (i) agents of the company, and (ii) trustees for the shareholders of the power committed to them.' it is this dual capacity that is recognized throughout the indian act. if an agent exceeds the authority conferred ..... to public policy, there can be no ratification. in great eastern railway co. v. turner (1872) l.r. 8 ch. ap.149 lord selborne defines the position of directors thus; ' the directors are the mere trustees or agents of the company--trustees of the company's money and property,--agents in the transactions which they enter into .....
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