Court : Chennai
Reported in : AIR1959Mad558
..... obstacle in his way to doing so.5. mr. desikan referred me to the decision in south indian railway co. ltd. v. mayilvahanan, : air1943mad334 . there a decree was obtained, against the south indian railway company for a certain sum of money and an appeal was preferred by the railway company against that decree. an order for stay of execution was obtained in appeal by which the decree ..... bound to follow it. mr. desikan attempted to distinguish this decision by saying that the inabilityof the decree-holder to withdraw the money in court was due to a positive act on the part of the judgment-debtor in insisting upon security being given for the money before it could be withdrawn. that condition was imposed by the order of this .....
Tag this Judgment!Court : Chennai
Reported in : 121Ind.Cas.839
..... proper notification has been issued by the government of india under the railways act, making the railway company liable to pay the property, tax claimed by the municipal council. to appreciate the dispute between the parties, it is necessary to state that under section 135 of the indian railways act (ix of 1890) notwithstanding anything to the contrary in any ..... specifically says that the same was issued 'in supersession' of all previous notifications on the subject. its wording is 'in pursuance of section 135 of the indian railways. act ix of 1890 and in supersession of all previous notifications on the subject the governor-general-in council is pleased to declare, etc.' thus it is clear ..... have been authorisad in so far as tax on lands is concerned, i am unable to agree with that contention. section 135 of the indian railways act makes it clear that a railway administration is not liable to pay any tax in, aid of the funds of any local authority unless the governor-general-in-council, has .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad510; (1921)41MLJ603
..... spencer, j.1. i agree with the majority of the judges of the small cause court and with the decision in sudarshan maharaj nandrum v. east indian railway company i.l.r. (1919) all. 76 .2. the plaintiff described the articles in respect of which he made his claim as ''shawls ' and in my opinion it ..... section 75 of act ix of 1890 and in clause' (s) of the second schedule in my opinion must not be taken to imply that only articles falling within the descriptions of the schedule which are of exceptional value, must be declared.4. as pointed out by mr. justice stuart in sudarshan maharaj nadrum v. east indian railway company i.l. ..... r.(1919) all. 76 the words 'lace' 'watches' and 'government stamps' may include articles of comparatively small intrinsic value.5. generally speaking all the articles in the list are articles which may have a special value ; and it is for that reason that it was found necessary to secure railway companies from exaggerated claims .....
Tag this Judgment!Court : Chennai
Reported in : (1959)2MLJ184
..... his way to doing so.5. mr. desikan referred me to the decision in south indian railway company, ltd. v. mayilvahanan : air1943mad334 . there a decree was obtained against the south indian railway for a certain sum of money and an appeal was preferred by the railway company against that decree. an order for stay of execution was obtained in appeal by which ..... . the next friend of the minor was unable to furnish the required security and, therefore, the money was not drawn. ultimately, the appeal preferred by the railway company failed and the decree-holder applied for payment of the amount and in addition, claimed interest on the amount for the period between the date of deposit and ..... mr. desikan attempted to distinguish this decision by saying that the inability of the decree-holder to withdraw the money in court was due to a positive act on the part of the judgment-debtor in insisting upon security being given for the money before it could be withdrawn. that condition was imposed by the .....
Tag this Judgment!Court : Chennai
Reported in : (1929)57MLJ251
ramesam, j.1. in this case, the municipal council of kumbakonam assessed the south indian railway company for the year 1921-22 on a certain footing. the tax imposed was rs. 632-14-6. a demand notice for this amount was sent on 31st july, 1921 and ..... of 1920 on receipt of particulars from the executive engineer re present estimated cost of erecting the building.' it may be mentioned that proviso (a) to section 82(2) of act v of 1920 really indicates the mode of assessment. it does not relate to any power of revision. such power is really contained in rule 8 of schedule iv attached ..... three years so as to operate retrospectively. as to the inconvenience to big' concerns like railway companies which have to produce a balance sheet and declare dividends, inconvenience may exist; but, in the face of the section and the rules, the inconvenience cannot prevent the operation of the act and the rules thereunder. we, therefore, allow the appeal and dismiss the suit with .....
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad133
..... and delivering, transporting and booking and despatching goods originating in the vessels in the port and intended for carriage by the neighbouring railways and vice versa, as a railway company or administration under the indian railways act, 1890.(2) the board shall, if so required by any owner, perform in respect of goods all or any of the ..... 21-7-1955, and was insured with the second plaintiff, which his the asiatic government security life and general assurance co. ltd. incorporated under the indian companies act. the goods were landed at the madras port on 2-8-1955. the port trust authorities stacked the goods under tarpaulin covers in a special shed with ..... a person within the meaning of the said expression s. 110. the port trust act does not define that expression. the madras general clauses act, s. 3 sub-section (22) defines the word "person" as follows: "person" shall include any company or association of individuals whether incorporated or not." the board is within this definition. .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR6Mad344
..... . after the purchase, plaintiff discovered that 2 maus out of the 15j maus had been acquired by the south indian railway company in 1874, and that the purchase money (rs. 460) was lodged in the treasury at kumbakonam under the land acquisition act as being claimed by the mother (since deceased) of the first defendant, who, it is said, sold the ..... not the land in respect of which relief is prayed for. the land is vested in and in the possession of, the railway company, discharged of all incumbrances thereon--section 16 and part vii of the land acquisition act, 1870. the rights of parties to the land and to any mortgage on or interest in it are transferred to the ..... 2 maus to the railway company. the plaintiff applied to the subordinate judge of south tanjore for an order to pay him the rs. .....
Tag this Judgment!Court : Chennai
Reported in : (1980)2MLJ17
..... the agents or managing agents, and recklessly sanctioning acts of such agents consciously and thereby aiding misfeasance, misappropriation and falsification of balance-sheets and the state of affairs continues over a series of years, the directors are guilty of wilful misconduct and ace liable to pay compensation.24. in south indian railway company limited v, v.m.s.p. brothers : ..... q.b.d. 25, and in r. v, senior(1899) 1 q.b.d. 283, having regard to the facts of that case arising out of the indian railways act of 1890, held that though there was ample evidence of neglect, there was no evidence or finding of wilful neglect and that therefore there was no wilful neglect within ..... gounder v. krishna-swami gounder : air1941mad53 , sir lionel, leach, c. j., speaking for the bench, while dealing with the scope of section 23 5 of the companies act, 1913, applied the following principles laid down in re etie limited (1928) 1 ch.d. 86:breach of duty, of course, includes a misfeasance or a breach of .....
Tag this Judgment!Court : Chennai
Reported in : (1900)10MLJ401
..... i.l.r. 19 m.k 10 was one of an unfinished house and we were not satisfied that any provision of the act had been contravened. the cases reported in municipal council of tuticorin v. south indian railway company i.l.r. 13 m.k 78 are cases on the other side of the liae. the last of these cases closely ..... orders for another person, with no power to make contracts. an attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act, the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of law has in our opinion no bearing whatever ..... 2. in regard to the substantial question there are two points to be considered--it has to be ascertained whether the company was exercising any art, profession, trade, or calling specified in the schedule to the act and whether to the company exercised such art, profession, trade, or calling within the municipality within the meaning pi the 53rd section. the business .....
Tag this Judgment!Court : Chennai
Reported in : (1918)ILR41Mad709
..... the decisions in dunkirk colliery v. lever (1878) 9 ch. d. 20, and the decision of the house of lords in british westinghouse electric and manufacturing company, limited v. underground electric railways company of london, limited (1912) a.c. 673. in that case lord haldane, l.c., observed:the fundamental basis is thus compensation for pecuniary loss naturally flowing ..... only rs. 100 under the heading (a).14. as stated by my lord in his judgment, the law as to this subject is to be found in the indian contract act, section 73, and in the illustrations thereto. the plaintiffs are, by the section, entitled to have:compensation for the loss or damage caused to them by the breach ..... the proper materials for estimating the damages, and the plaintiffs have appealed. the law as to this subject is to be found in section 73 of the indian contract act and the explanation thereto. under the body of the section the damages are to be those which naturally arise in the usual course of things from the breach .....
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