Judgment Search Results Home > Cases Phrase: indian railway companies act 1895 Court: chennai Page 20 of about 6,379 results (0.107 seconds)

Nagar Damodar Shanbhogue Vs. Gudlimar Rama Rao and ors.

Court : Chennai

Reported in : (1915)28MLJ444

..... principal to adopt it as if the agent acted within the scope of his authority. the party with whom the contract has been entered into is not entitled to repudiate the transaction. of course if the unauthorized dealing is opposed to public policy, there can be no ratification. in great eastern railway company v. turner (1872) l.r. 8ch. ..... obligations. the view enunciated in turner v. the bank of bombay i.l.r. (1900) b. 52 has been applied in madras to cases arising under the indian trusts act. in kadir abrahim rowther v. arunachellam chettiar i.l.r. (1909) m. 397 the learned judges held that where a trustee exceeded his powers in granting a ..... contention. as pointed out in buckley on companies (9th edition) p. 626, 'the directors of a company fill a double character, they are (1) agents of the company and (ii) trustees for the share-holders of the power committed to them'. it is this dual capacity that is recognised throughout the indian act. if an agent exceeds the authority conferred .....

Titan Industries Ltd. Vs. State Bank of India and anr.

Court : Chennai

..... the amount to c, and b, not knowing this fact, pays 100 rupees over again to c. c is bound to repay the amount to b.(b) a railway company refuses to deliver up goods to the consignee, except upon the payment of an illegal charge for carriage. the consignee pays the sum charged in order to obtain the ..... suit for recovery of amount stating that they honoured the dd, which was fake and the amount has been paid mistakenly, under section 72 of the indian contract act (hereinafter referred to as the act), the plaintiff bank is entitled to recover that amount. so, they filed the suit. after considering the defence raised by the respondents, the trial court ..... non joinder of necessary party?2. whether the trial court is correct in holding that the first respondent/plaintiff is entitled to benefit under section 72 of the indian contract act and to recover the amount?3. whether the judgment and decree of the trial court is sustainable?4. to what relief the appellant/first defendant is entitled to .....

ismai Kani Rowthan Vs. Nazarali Sahib and anr.

Court : Chennai

Reported in : (1904)14MLJ25

..... in that case the respondents, an english company, were owners of certain lands which they had purchased from the natives. the land was required by the british government for the construction of a railway and was taken possession of and buildings erected thereon in anticipation of the indian land acquisition act being extended to zanzibar by an order ..... in council and the land being duly acquired thereunder. accordingly when the notification under section 6 of the act was duly published, the buildings had been erected on the land. under section 23 of the act the company ..... of section 17 of 21 geo. iii, c. 70, was governed by the hindu or the muhammadan law, as the case may be--the indian contract act not being inconsistent with it in this respect--and that the ruling of the full bench in paramanich's case as to the removal of the buildings .....

United Motors (Coimbatore), Limited, by Its Managing Agent Mr. G.D. Na ...

Court : Chennai

Reported in : (1942)2MLJ472

..... provided that the municipal authorities were agreeable. the municipal authorities however, were not agreeable and on the 22nd december, 1936, refused the request of the appellant company for exemption from the obligation to use the municipal bus stand on the ground ,that the starting place for the buses had been fixed by the district superintendent ..... stand, and in his letter ex. i, dated 12th april, 1930 the district superintendent of police suggested the vacant site to the north-east of the palghat railway station as a suitable place for the proposed stand. the council agreed with the district superintendent of police, that the starting place and a stand were desirable. ..... in the explanation to section 270-b, it is stated that 'a cart-stand shall, for the purposes of this act, include a stand for carriages (including motor vehicles within the meaning of the indian motor vehicles act, 1914)'. by the end of 1936, the municipality had acquired the necessary land and had the stand ready. it .....

The Chief Engineer, Madras Zone, Milltary Engineering Services, Madras ...

Court : Chennai

Reported in : AIR1993Mad265

..... at least there is a probability that he would be biased. that seems to us distinctly to have been decided in jackson v. barry railway company 1893 ch 238.' after the above, the bench in m/s. indian oil corporation ltd. v. m/s. poppat jamal and sons, (1991) 1 lw 311 supra, has said 'we need not multiply ..... can be found with the plaintiff-respondent coming to the court for enforcement of the arbitration clause and the court exercising its jurisdiction under s. 20 of the arbitration act. exercise of any jurisdiction by the court, however, has certain well known limitations of rules of prudence and administration of justice. merely because the court has got ..... , 'but we find that this view of the law has been superseded by later developments, even in the united kingdom and by an amendment of the english arbitration act. undoubtedly, principles of natural justice have subsequently received increased recognition in the cases, and, if there is a well founded apprehension of bias on the part of an .....

The King-emperor Vs. Nilakanta Alias Brahmachari and ors.

Court : Chennai

Reported in : (1912)22MLJ490

..... to their meaning from an investigation of the law as it was understood prior to its enactment. see brown v. mclachlan (1872) 4 p.c. 543 robinson v. canadian pacific railway company (1892) a. c. 481 jogendra chandra roy v. shyam das i.l.r. (1909) c. 543. the principle laid down in rex v. abrahams (1904) 2 k. b ..... unless we are bound by its language or for some other reason to give it a wider application. now sections 25, 26 and 27 of the indian evidence act were imported into the indian evidence act from the criminal procedure code of 1861, where they were placed among the provisions dealing with the powers of police officers in making investigations into cases of alleged ..... proved or may call proof of. on this point it is useless to appeal to the rules of english law to justify a departure from the provisions of the indian act. in english law it is by no means clear what presumptions are regarded as presumptions of law and what are regarded merely as presumptions of fact. the same presumption .....

The Vellore Taluk Board by Its President Vs. Gopalasami Naidu

Court : Chennai

Reported in : (1915)ILR38Mad801

..... is so concluded by authority that it barely admits of argument, vide manian patter v. the madras railway company by its agent and manager i.l.r. (1906) mad. 118 and singer manufacturing company v. raja prosad i.l.r. (1909) cal. 960 which was a case in which the ..... fear of its forfeiture a motive in the payer to perform the rest of the contract.' in considering whether section 74 of the indian contract act could be applied to such a case the learned chief justice went on to observe 'why should it be assumed that it (the ..... .11. i think that this is what should be done when it has been found that none of the sections of the contract act, which might take the case out of the general rules, can be applied.12. the district munsif's decree in my opinion ..... the plaintiff's claim on the first head and disallowed it as regards the second, on a consideration of section 74 of the contract act.4. i am clearly of opinion that neither section 74 nor its exception has anything to do with this case.5. in natesa .....

K.C. Sreemanavedava Raju Vs. Parapravan Naidu

Court : Chennai

Reported in : 54Ind.Cas.254

..... . 688 : 46 c.p 1056. a decision as to possession based solely upon local inspection is not what section 145, criminal procedure code, contemplates. the judicial committee in kessowji issur v. great indian peninsula railway company 31 b.p 381 : 9 bom. l.r. 671 : 11 c.w.n. 721 : 6 c.l.j. 5 : 4 a.l.j. 461 : 17 m.l ..... this court attaching the timber must necessarily go, because it is for the magistrate to say whether there was such an emergency as would justify him in acting under section 145, clause (4), criminal procedure code. this case is not covered by section 146; criminal procedure code. reid v. richardson 14 c.p 361 to which the learned counsel for ..... , the decision based on it must be set aside. for these reasons we are of opinion that the procedure adopted by the magistrate was irregular and that as he acted without jurisdiction in refusing to take evidence, his order should be set' aside. with the setting aside of the order, the order passed by the learned judge of .....

Muthukumaraswami Pillai and Seven ors. Vs. King-emperor

Court : Chennai

Reported in : (1912)ILR35Mad397

..... to their meaning from an investigation of the law as it was understood prior to its enactment. see brown v. mchachlani (1872) 4 p.c. 543, robinson v. canadian pacific railway company (1892) a.c. 481 and jogendra chandra roy v. shyam das i.l.r. (1909) calc. 543. the principle laid down in bex v. abrahams (1904) 2 k ..... unless we are bound by its language or for some other reason to give it a wider application. now sections 25, 28 and 27 of the indian evidence act were imported into the indian evidence act from the criminal procedure code of 1861, where they were placed among the provisions dealing with the powers of police officers in making investigations into cases of alleged ..... or may call for proof of. on this point it is useless to appeal to the rules of english law to justify a departure from the provisions of the indian act. in english law it is by no means clear what presumptions are regarded as presumptions of law and what are regarded merely as presumptions of fact. the same .....

Simpson and Co. Limited Vs. Joint Commissioner of Labour and ors.

Court : Chennai

Reported in : (1977)ILLJ161Mad

..... means-(i) in relation to any industrial dispute concerning any industry carried on by or under the authority of the central government or by a railway company (or concerning any such controlled industry as may be specified in this behalf by the central governnient) or in relation to an industrial dispute concerning ..... air corporations act, 1953 (27 of 1953), or the life insurance corporation act, 1956 (31 of 1956), or the agricultural refinance corporation established ..... corporation of india established under section 3 of the industrial finance corporation act, 1943 (15 of 1948) or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 19-18 (34 of 1948), or the 'indian airlines' and 'air india' corporations established under section 3 of the .....