Judgment Search Results Home > Cases Phrase: indian railway companies act 1895 Court: chennai Page 8 of about 6,379 results (0.150 seconds)

M/s. Newlink Overseas Finance Ltd., rep. by its Managing Director A. N ...

Court : Chennai

..... till date of realisation; and (b) directing the defendants jointly and severally to pay to the plaintiff the costs of this suit.) the plaint:- the plaintiff, a public limited company, incorporated under indian companies act, has filed the suit seeking a direction against the defendants jointly and severally to pay a sum of rs.33,80,000/- together with further interest at the rate ..... principal sum of rs.20,00,000/- from the date of plaint till date of realisation and for costs. the plaintiff claimed that the first defendant, a limited company incorporated under the indian companies act, had availed financial assistance for a sum of rs.20,00,000/- by way of hire purchase loan on 15.05.2002 against computer accessories to enable them to .....

V.D. Swami and Co. (P.) Ltd. Vs. Southern Switchgear Ltd.

Court : Chennai

Reported in : [1995]84CompCas932(Mad); (1993)IMLJ483

..... as the sole selling agent of the defendant for export of switchgear. no appointment of the plaintiff as sole selling agent in accordance with the provisions of the companies act, 1956, was made at any time. the parties were, therefore, dealing-as principal to principal in respect of this transaction, the defendant having agreed to give ..... : 'in muralidhar chatterjee v. international film co. ltd. , sir george rankin in delivering the judgment of the privy council analysed the various provisions of the indian contract act and held that money received by a party to a contract in part discharge of the consideration due or to become due, though applied for defraying the expenses of ..... suit and for the reason that there has been no examination by the learned single judge of the question falling under sections 64 and 65 of the indian contract act, and exceptions to the rule, in pari delicto potior est conditio defendentis and whether the plaintiff and the defendant are in pari delicto for which .....

G. Narayanaswami Naidu Vs. C. Krishnamurthi and anr.

Court : Chennai

Reported in : AIR1958Mad343; (1958)1MLJ367

..... levied went into a fund of its own.42. if this point regarding priority had to be decided on the terms of the indian companies act or the insolvency acts in india, the debts due to statutory corporations like the one before us would certainly not be 'debts due to the state'. further the revenue ..... corporations, cantonment boards, which are incorporated by the state and central legislation. as contrasted with this, we have companies and co-operative societies which attain incorporation by registration under the companies act and the cooperative societies act respectively. this latter category is properly designated as incorporated 'under' a statute. it is this idea which is expressed ..... the crown, ' shields ', 'arms and hands' and even in one case to the ' contagion ' of crown immunity. these expressions, were criticised by the privy council in international railway co. v. niagara parks corporation (1941) 2 all e.r. 462 as well as in tamlin v. hannaford (1949) 2 all e.r. 328 : l.r. (1950) .....

The Madras and Southern Mahratta, Railway Co., Ltd. Vs. the Municipal ...

Court : Chennai

Reported in : (1927)52MLJ108

..... were no special provisions with regard to the levy of taxes and assessments by the council form any railway administrations. they are therefore treated like all other legal persons and like all other companies. but under section 135 of imperial act (ix of 1890), the indian railways act, it is provided as follows: notwithstanding anything to the contrary in any enactment or in any agreement or ..... award based on any enactment, the following rules shall regulate the levy of taxes in respect of railways and from railway administrations in aid of the funds .....

Sri Sarada Mills Ltd. Vs. Union of India and ors.

Court : Chennai

Reported in : AIR1966Mad381; (1966)2MLJ16

..... we understand it, appears to be that since the plaintiff had already been compensated by the insurance company, s. 41 of the control act applied and, therefore, the plaintiff can have no further recourse against the railways. the cases relied on for the railways appear to make a distinction between mere subrogation and assignment and take the view that in the ..... his own name there must be assignment of the claim by the insured in favour of the insurer".the learned judge also considered s. 41 of the indian contract act in the context of the plaintiff's claim and observed:"the plaintiff's right to compensation for short delivery arises from the contract for carriage of goods. ..... advocate for the plaintiff has also admitted that his client has recovered compensation claimed in the suit from the insurer. that being the position, section 41 of the indian contract act is attracted and this suit is not maintainable by the plaintiff. the provisions of s. 41 are a clear bar to a suit by a promise if .....

The Madras and Southern Maharatta Railway Company, Limited Vs. Mattai ...

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 .....

Steel Authority of India Limited Vs. the Union of India Owning Souther ...

Court : Chennai

Reported in : (1981)1MLJ126

..... to undertake the service of receiving, delivering, transporting and booking and despatching originating in the vessels in the port and intended for carriage by the neighbouring railways, or vice versa, as a railway company or administration under the indian railways act, 1890. based on this provision, it is contended by the learned counsel on behalf of the port trust that only while receiving, transporting and booking ..... premises;(c) ..............(d) receiving and delivering, transporting and booking and despatching goods originating in the vessels in the port and intended for carriage by the neighbouring railways, or vice versa, as a railway company or administration under the indian railways act, 1890.sub-section (d) of section 39 says that the board shall, if so required by any owner, perform in respect of his goods all .....

Tarachand Vs. the Madras and Southern Mahratta Railway Company Limited

Court : Chennai

Reported in : (1921)ILR44Mad823

..... to enforce that right and that article 31 is applicable. mr. ayyangar has relied strongly on the fact that section 56 of the indian railways act is contained in chapter vi thereof, dealing with the 'working of railway,' whereas the responsibility of railway companies is dealt with in chapter vii, and he has referred to the statement of his lordship the chief justice in m. & s ..... stated the station, at which he booked them incorrectly. it has further been found that, in the end, the goods which were in the railway company's possession were sold in the exercise of their right under section 56 of the indian railways act. the plaintiff is now suing to recover the surplus proceeds of that sale, which, in the words of the section, the .....

S.P. Subbiah Vs. Pr. Pr. Sp. Periakaruppan Chettiar and ors.

Court : Chennai

Reported in : [1967]37CompCas270(Mad)

..... not made applicable even under the provisions of the (indian) companies act, 1956 (i of 1956).10. i am therefore of the view that a direction to pay interest on unpaid calls can arise simultaneously and concurrently only with the ..... has been precisely laid down by the division bench of the lahore high court in pars ram brij kishore v. jagraon trading syndicate. no doubt, this was under the indian companies act, 1913 (vii of 1913). but i do not see any reason why this principle of law as laid down by the learned judges of the lahore high court be ..... .................. 19....... pay to the official liquidator............the amount duefrom such contributory in respect of such call.' 9. it is only after such an order is made by the company court that the official liquidator has the power to enforce the call and ask for an order for payment of the call amount due from the contributory. forms nos. .....

Cotton Corporation of India Ltd. Vs. Radhakrishna Mills Ltd.

Court : Chennai

Reported in : [1993]76CompCas637(Mad)

..... case, has held as follows (headnote) : 'held, (i) that in view of section 446(3), the rule laid down in cases decided under section 171 of the indian companies act, 1913, to the effect that permission to continue the suit in the court in which it was instituted should normally be granted would not apply ; (ii) that the power ..... before the jammu and kashmir high court was the application under section 20 of the arbitration act. only if the application succeeded and the agreement was ordered to be filed in court, the case had to proceed further.' 18. in arrah sasaram light railway company ltd. v. district board, rohtas [1982] 52 comp cas 326, the calcutta high ..... , 1973, one after another and finally filing the suit at sasaram and obtaining an ex parte injunction restraining the liquidator and the purchaser from going near the railway track and removing the assets made it quite clear that the whole intention of r-1 was to obstruct the winding-up proceedings and prevent the purchaser from .....