Court : Gujarat
Reported in : (1984)1GLR237
..... of the present case, the application of the provisions of section 80 of the indian railways act is excluded. if so, the liability of the forwarding railway is governed by section 72 of the said act. under that section the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the ..... liability under these sections is one for negligence only in the absence of a special contract. generally goods are consigned under a risk note under which the railway company is absolved of all liability or its liability is modified. no such risk note is forthcoming in the present case. the question, therefore, reduces itself to ..... to see, so far as they appear, evidence of any negligence at all.appears to have proceeded upon some misconception. the court in bombay steam navigation company's case followed the majority view of the madras high court reported in sheikh mohamad ravuther v. the british india steam navigation co. ltd. as expressed .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3377
..... therefore no `appropriation' within the meaning of that section.i, therefore, hold that the property in the cars did not pass to the defendant on delivery to the railway company and that the defendant are not liable for the price.'4.13 he has also relied on the judgement of the hon'ble supreme court in the case of ..... cannot be accepted.8.4 defendant no. 2 has alternatively argued about evolution of law and has relied on certain english decisions as well as commentaries on ramaiya's companies act. as against that, the plaintiffs have stated that in this case as the property in goods has not been transferred from the plaintiffs to defendant no. 1, this ..... by mulla, j wherein on page 129 the learned judge has observed as under:-'if s. 83 of the indian contract act applies to the case, it appears to me that the plaintiffs having instructed their agents not to deliver the railway receipt till payment, the appropriation was not absolute and final, but conditional on payment by the defendant, and .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj59; (1970)0GLR330
..... :-3. the plaintiff had entered into a contract for a railway siding at petlad for their mills with the then b.b. & c.i. railway company administration. that agreement is ex. 33, dated 20-1-1922. the said agreement was continued when the union of india took over the administration of all the indian railways. by a letter, dated 3rd sept., 1955. ex. 21, the ..... , the relevant observations have been made:-'(1) where the money is not legally due without an agreement, but is due under an agreement obtaine dby the threat to do an act which may be lawfully done, if the agrement is not made, both the agreement and the threat are lawful, the direction would make them unlawful. if the agreement is unlawful .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)10GLR1041; [1965]55ITR46(Guj)
..... e to the income tax act, 1918. the rules under schedule e to the indian income tax act, 1918, contained the same provisions which were contained in the rules relating to schedule be in the english income tax act, 1842, and which were relied upon by lord atkinson in the judgment in great western railway company's case to which we ..... which was sought to be brought withing the schedule e by the crown. the assessee was a railway company and one hall was a clerk in the employ of the assessee. section 6 of the english income tax act, 1860, made a railway company assessable to 'duties payable under schedule e in respect of all offices and employments of profits' ..... held in or under the railway company. the question which arose for decision was whether by virtue of section 6, the assessee .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR108; (2001)ILLJ783Guj
..... 2(a) of the industrial disputes act, 1947 defines 'appropriate government' and reads as under :- '2(a): 'appropriate government' means :- (i) in relation to any industrial disputes 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 ..... constituted under section 5a and section 5b respectively of the employees' provident fund and miscellaneous provisions act, 1952 (xix of 1952), or the 'indian airlines' and 'air india' corporations established under section 3 of the air corporations act, 1953 (xxvii of 1953), or the life insurance corporation of india established under section 3 ..... , appropriate direction should be given to the respondent to pay wages to the appellant as provided by section 17bof the said act. in support of his submissions, learned counsel placed reliance on the decision rendered in indian oil corporation ltd. v. mahendrabhai r. patel & anr., 1987 (1) glr 154. 5. mr. d. r .....
Tag this Judgment!Court : Gujarat
Reported in : II(1984)ACC97; (1983)1GLR243
..... 9. we may refer to privy council case reported in quebec railway, light, heat and power company limited v. vandry 1920 a.c. 662. that was a case where article 1054 of the civil code of quebec was considered. the facts found were as under:the appellant company, acting under statutory powers, had erected along a road in quebec ..... they may be required to do, and so far as is practicable, shall be constructed, installed, protected, worked and maintained in accordance with the standards of the indian standards institution so as to prevent danger.rule 50(1)(f) reads as under:50. supply and use of energy.--(1) the energy shall not be supplied, transformed ..... during the monsoon or after the monsoon. if this was the situation the evidence itself would show that gujarat electricity board was negligent. there was a duty cast by indian electricity rules, 1956 and we may only refer to two rules. rule 29(1) reads as under:29. construction, installation, protection, operation and maintenance of electric .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR159
..... rules of the international chamber of commerce rules between a company registered under the indian companies act and a foreigner is binding upon the indian company. the respondent company being a company registered under the indian companies act, 1913, entered into a collaboration agreement with one belgium company whereby the latter company undertook to provide to the indian company technical assistance for construction of overhead railway electrification, tramway systems and trolley buses in india and other .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)9GLR672
..... certain type of documents which are exempted from any court-fee stamp required under the act. clause (xii) thereof relates to a complaint of a public servant (as defined in the indian penal code), municipal officer, or an officer or servant of a railway company. if, therefore, a complaint is filed in respect of any offence before a ..... magistrate by a public servant as defined in section 21 of the indian penal code or by a municipal officer, it would ..... other side, the learned magistrate passed an order wherein he observed that under section 73 of the gujarat municipalities act every municipal officer or servant of the municipality is a public servant defined in section 31 of the indian penal code. since the complaint was, thus, filed by a public servant viz. by the sanitary inspector .....
Tag this Judgment!Court : Gujarat
Reported in : [1964]54ITR37(Guj)
..... assessment year 1948-49. the assessee is private limited registered under the dhrangadhra state companies act, 1939, and carries on business as an authorized dealer of the products of dhrangadhra chemical works limited at dhrangadhra. during the relevant period dhrangadhra was a native indian state outside what was then know as british india. the assessee was thus ..... subject matter of these sales were sent by rail from dhrangadhra to various places in british india. the prices charged were f.o.r. dhrangadhra and the railway receipts were taken in the name of the buyers and were either agents. the sale proceeds in respect of the first category of sales where the payment was ..... 78a was on the assessee and the assessee had failed to discharge that burden as no facts relating to the control or exercise of the affairs of the company relating to the period 1st september, 1939, to 31st march, 1946, were placed before the revenue authorities to determine the applicability of section 78a. the tribunal .....
Tag this Judgment!Court : Gujarat
Reported in : [1966]60ITR674(Guj)
..... assessment year 1948-49. the assessee is private limited registered under the dhrangadhra state companies act, 1939, and carries on business as an authorized dealer of the products of dhrangadhra chemical works limited at dhrangadhra. during the relevant period dhrangadhra was a native indian state outside what was then know as british india. the assessee was thus ..... subject matter of these sales were sent by rail from dhrangadhra to various places in british india. the prices charged were f.o.r. dhrangadhra and the railway receipts were taken in the name of the buyers and were either agents. the sale proceeds in respect of the first category of sales where the payment was ..... 78a was on the assessee and the assessee had failed to discharge that burden as no facts relating to the control or exercise of the affairs of the company relating to the period 1st september, 1939, to 31st march, 1946, were placed before the revenue authorities to determine the applicability of section 78a. the tribunal .....
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