Court : Mumbai
Reported in : (1926)28BOMLR718
..... make his signature one on behalf of the plaintiff, within the meaning of section 72 of the indian railways act. jamshedji's signature was made by him as an agent who had authority to make such a signature. in aldridge v. the great western railway company (1864) 33 l.j.c.p. 161 where a carrier was employed both by the plaintiff ..... for a particular sale, so as to make the goods ' ascertained ' under section 83 of the indian contract act. here there was a definite appropriation of these bales by the plaintiff to the contract, exhibit 68, and that had been assented to by the railway company. according to the ruling of this court in ram-chandra natha v. g.i.p ..... of law, under section 72 of the indian railways act, does not really arise for decision, but, as the case may go further, i think we should give our opinion. it has been laid down by this court, following brabant & go. v. king [1895] a.c. 632, 640, that the obligation of the railway company towards the consignor of goods includes not .....
Tag this Judgment!Court : Mumbai
Reported in : (1921)23BOMLR1144; 66Ind.Cas.726
..... the seller and the share certificates property in the shares does not pass to the purchaser.35. section 28 of the indian companies act enacts that shares shall be transferable in manner provided by the articles of the company. article 33 of the articles of association of the central india mills provides that shares will be transferred by an ..... out of land and things attached to the earth or permanently fastened to anything attached to the earth. it is enacted by section 28 of the indian companies act that shares in a company shall be moveable property. share certificates are moveable property and are therefore goods within the meaning of section 108 of (he ..... estopped by the said act of his from asserting any right to the shares. mr,, inverarity for the plaintiff contended that there is no estoppel and has relied on france v. clarka (1884) 26 ch. d. 257. tayler v. great indian peninsula railway co. (1895) 4 g. &. j 559. hutchison v. the colorado united mining company and hamill (1886) .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR1263
..... that he did in the actual management and working of the line was done by him in his capacity as agent of the south indian railway company.12. turning now to the terms of the indian income-tax act, their lordships find there enacted in section. 4 (1) that the statute is to 'apply to all income, profits or gains as ..... railway as being income received in british india by the pondicherry railway company from the carrying on of its business. 19. and that ..... questions (6) and (c) that the pondicherry railway company limited is liable to be assessed to income tax for the years 1925-26 and 1926-27 under section 4(1) of the indian income-tax act on the income derived by it from the payments made to it by the south indian railway company limited in respect of the working of the pondicherry .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom24; (1915)17BOMLR496
..... responsible for the loss or destruction of the goods delivered to the company to be carried by railway as a bailee under sections 151, 152 and 161 of the indian contract act-subject of course to the other provisions of the indian railways act under section 72 of the act. apart from the rule in question it is not seriously disputed-and in my opinion cannot be disputed ..... -by the company that there may be delivery of goods to be carried by railway within the meaning of section 72 before .....
Tag this Judgment!Court : Mumbai
Reported in : (1917)19BOMLR48
..... not so expressed as to cut down the power conferred by section 7c of the indian railways act on a railway company in india to carry a line of railway across a street, subject to the control of their powers by the governor-general. the latter act in such a case contemplates the right of the public being kept alive. section ..... for the acquisition of land for public purposes and for companies, it was necessary for the respondent before making the crossing to comply with the provisions of the act which was then in force, ' the land acquisition act, 1894,' passed four years after the indian railways act. the land acquisition act by section 3 defines land as including benefits to ..... lordships regard as inadmissible. it may well be that when a railway company takes land for a station or for a tunnel or a cutting, the provisions of the act apply, on the ground that this is an acquisition of land. but the sections in the indian railways act to which they have referred in their opinion show that what .....
Tag this Judgment!Court : Mumbai
Reported in : (1970)72BOMLR679
..... future use in proceedings, civil or criminal. this view which i have taken is supported by the fact that in the corresponding section 106(1) of the indian companies act, 1913, the word? 'in civil proceedings' occurred which permitted the use of the answers given by the delinquent officer in the course of public examination only ..... so examined only in civil proceedings, that the court came to the conclusion that, in regard to criminal proceedings, section 132 of the evidence act was applicable ands. 190 of the indian companies act, 1.913, was not intended to override the same. having regard to the omission of the phrase 'in civil proceedings' from the corresponding ..... public examination cannot refuse to answer incriminating questions, or claim protection in regard to the same, and that section 478(5) of the companies act overrides section 132 of the indian evidence act is fully supported by english law on which it is founded. reference may be made in that connection to a decision of a single .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR621
..... the respondents' predecessor-in-title as owner of the khas jheria colliery, which included mines of coal adjacent and subjacent to the branch line of the east indian railway company at and near the station of jheria, desired to have a siding on that line constructed and maintained for the benefit of the colliery. an agreement was ..... title of the respondents, by which the rights of the parties in respect of the working of coal or of compensation for leaving it unworked were adjusted and defined.3. inasmuch as this agreement specifically refers to the act of 1885 which would itself but for ..... to as ' the act of 1885.'2. in the long drawn out litigation between the parties a number of questions have teen raised which are no longer at issue. the single question now remaining for decision depends on the construction of an agreement made on june 11, 1913, between the east indian railway company and the predecessor-in- .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR942
..... consignment-note sanctioned by the governor-general (see p. 272, bayley on the indian railways act) 'the freight on all goods must be paid either previously or at the time of delivery' and it is in the highest degree improbable that a railway company if freight were not paid previously or on delivery would allow anything like so ..... small cause court at poona raised the following preliminary issue. whether the suit was not maintainable for want of notice under sections 77 and 140 of act ix of 1890 (the indian railways act)4. the proper form of this issue would be whether the suit is maintainable in the absence of notice &c.;5. mr. raikes, advocate ..... railway administeredby a railway company, on the agent in india of'the railway company-(a) by delivering the notice or other document to the manageror agent, or(b) by leaving it at his office, or(c) by forwarding it by post in a prepaid letter addressed tothe manager or agent at his office and registered under partiii of the indian post office act .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR285
..... alleged wrongful conversion of the coal by the railway company.17. it was contended on behalf of the appellant, the secretary of state, that the above-mentioned acts of the railway company constituted a compliance with the provisions of sections 55 and 56 of the indian railways act and that consequently the railway company was not liable to the plaintiffs for any ..... the proprietors. the other appeal relates to a suit brought by deoji shivji & co. against the secretary of state representing the east indian railway and the bengal and north western railway company in the above-mentioned court in which a claim of a similar nature was made in respect of certain coal which the plaintiffs ..... be made to dispose of the same under sections 55 and 56 of the indian railways act (ix of 1890).11. on april 26, 1929, messrs. villiers, ltd., sent to the plaintiffs a copy of the letter which they had received from the railway company and asked for instructions.12. on the same date messrs. deoji shivji & .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)25BOMLR599
..... belonging to the defendant. in this respect the present case is on all fours with janki das v. east indian railway company i.l.r. (1884) all. 634.3. as regards the contention that the moneys were held by the railway company on trust for the defendant i do not think that there is any substance in it. it is now well ..... used in the correspondence was such that taken in connection with its acts, namely, the sending of the cheque to the mercantile bank with instructions to the bank to remit the amount to the railway company's london office, showed an intention on the part of the railway company to divest itself of all beneficial interest in it, and to exercise ..... gift, it must be completed either by a registered document or by actual payment as required by section 128 of the transfer of property act, 1882 the delivery of the cheque by the railway company to the mercantile bank though coupled with the request to send the amount to their london office was not equivalent to delivery to the defendant .....
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