Judgment Search Results Home > Cases Phrase: indian railway companies act 1895 Court: mumbai Page 2 of about 8,876 results (0.111 seconds)

Ramkumar Potdar Vs. the Sholapur Spinning and Weaving Co. Ld.

Court : Mumbai

Reported in : AIR1934Bom109; (1934)36BOMLR907

..... the objects, where perhaps, properly speaking, it might have been mentioned, and it stands by itself. what are conditions essential is indicated by the frame of the indian companies act, and the scheme contained therein, and it would be very unreasonable to hold that a condition of this nature which is after all, whatever way you look at ..... v. coimbatore m. bank a.i.r. (1924) mad. 126. that was an application to the court on a petition, under section 12 of the indian companies act, asking the court to confirm a special resolution for the alteration of a memorandum of association by striking out a clause somewhat in the terms of clause 6 in ..... before its incorporation enter into a contract, for it is non-existent, and another that, except by any act of legislature, it is not possible to bring a company into existence under the indian companies act bound by a contract previously made, for such a contract cannot be ratified after incorporation. in order to get over this difficulty, the .....

Shamji Bhanji and Co. Vs. North Western Rly. Co.

Court : Mumbai

Reported in : (1946)48BOMLR698

..... of the 'manager' stated, in section 140 of the indian railways act, and therefore the plaintiffs were not entitled to maintain the suit for want of the requisite notice served by them within the prescribed period on those railway administrations. mr. joshi in this connection relied upon a decision of our appeal court in- east indian railway company v. jethmull i.l.r (1902) bom. 669 : 4 ..... principal in the transaction. the relevant date therefore for the purpose of this consideration would be the date when the goods are entrusted to the railway company for carriage. if under section 23 of the indian sale of goods act the property in the goods has passed to the consignee at the time of the consignment, the consignee, the principal in the transaction, would .....

The Great Indian Peninsula Railway Vs. the Municipal Corporation of Bo ...

Court : Mumbai

Reported in : AIR1914Bom104; (1914)16BOMLR104

..... have to be determined what it is that the corporation is disposing of.14. it is well established that a railway company acting under section 16 of the railways clauses consolidation act, 1845, (upon which section 7 of the indian railways act is closely modelled) by constructing a railway upon and across part of the bed of a navigable river or across a highway is doing what if done ..... granted by the corporation and confirmed by government under section 293 of the municipal act or acquiring the land required for the level crossing under the land acquisition act.6. the defendant-company pleaded that they had authority to make and maintain the lines of railway under section 7 of the indian railways act (ix of 1890) which so far as is material is in the following .....

Mumbai Metropolitan Region Development Authority Vs. Reliance Energy L ...

Court : Mumbai

..... government ultimately by letter dated 07/02/2014 clarified the position that the respondent no.3 company having become the metro railway administration as per the provisions of act of 2002 and in view of the section 33 of the act, the company could fix the fare afresh after obtaining the recommendation of the fare fixation committee. it ..... fare on the initial opening of the metro railway could not have been fixed by the respondent no.3 company. learned senior counsel also invited my attention to the order purported to have been passed by the government of maharashtra under section 15 of the indian tramways act on 3/09/2013 and would submit that ..... bharucha learned senior counsel then submits that even if section 33 of the act of 2002 is made applicable after the respondent no.3 company was designated as metro railway administration , fixation of fare on the initial opening of metro railway by such metro railway administration is not mandatory. it is submitted that respondent no.3 could not .....

Tata Iron and Steel Co. Ltd. Vs. D.V. Bapat, Income-tax Officer, Compa ...

Court : Mumbai

Reported in : [1975]101ITR292(Bom)

..... the delhi high court in delhi flour mill's case. before the said high court the indian molasses company's case southern railway of peru's case metal box company's case and madho mahesh sugar mill's case were cited. indian molasses company's case was distinguished and the other three cases followed and the question was answered in favour ..... that purpose, however, the court thought it necessary to refer to the provisions of and decisions under the wealth-tax and the income-tax acts and the provisions of the companies act. in the bombay dyeing case it has not been stated that this discussion is obiter directly and it appears to us that merely by reason ..... ascertainable and its present value fairly discounted, was deductible from the gross receipts while preparing the profit and loss account. it found no rule or direction in the companies act which prohibited such a practice. this branch of the argument advanced before the supreme court then was clearly negatived. 37. it was on the basis of the .....

Province of Punjab Vs. Pandit Tara Chand

Court : Mumbai

Reported in : (1947)49BOMLR697

..... persons to whom the indian army act, 1911, or the burma army act applies, or of persons other than commissioned officers to whom the naval discipline act as modified by the indian navy (discipline) act, 1934, applies;(k) * * *(l) any allowance forming part of the emoluments of any servant of the crown or of any servant of a railway company or local authority which ..... time being extends and while he is beyond those limits if he is in receipt of any salary or allowances payable out of his majesty's indian revenues or the funds of a railway company carrying on business in any part of british india or local authority in british india; and the appropriate government or the ..... sale whether before or after they are actually payable, and in the case of salary other than salary of a servant of the crown or a servant of a railway company or local authority the attachable portion thereof is exempt from attachment until it is actually payable.explanation 2.-in clauses (h) and (i) 'salary' means the total .....

Sukhanand Shamlal Vs. Oudh and Rohilkhand Railway

Court : Mumbai

Reported in : AIR1924Bom306; (1924)26BOMLR71

..... its corporate name but in the name of any particular officer or agent engaged in the administration. as long ago as 1868, it was held that the east indian railway company could not be sued in the form of a deputy agent and a district engineer, but must be sued in its corporate name: ramdas sen v. the ..... of india, vol. iii, p. 399.4. the suit is one in which plaintiffs seek to recover from the defendants (viz., the oudh and rohilkhand railway and the great indian peninsula railway company) damages for nondelivery at the proper time of 400 bales of cotton, which were handed over to the defendant no. 1 for carriage to colaba and ..... were to be carried over the track of defendant no. 2 from jubbulpore to colaba.5. mr. munshi's main contention is that the indian railways act ix of 1890 clearly contemplates a state railway .....

Governor-general in Council Vs. Municipal Council

Court : Mumbai

Reported in : (1949)51BOMLR927

..... as 'the railway', to enlarge at its own cost one of its culverts ..... of certain sections of the indian railways act (ix of 1890) is whether in the circumstances of the case and upon a true construction of that act and particularly of the proviso contained in section 11(3)(b) thereof the provincial government of madras had power to issue a requisition to the south indian railway company, which will be referred to ..... reached by the high court, to state their opinion upon it.10. it is necessary to refer to two sections only of the indian railways act, which can conveniently be set out here.11. (1) a railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the .....

Lakhmichand Khetsey Punja Vs. Ratanbai

Court : Mumbai

Reported in : AIR1927Bom115; (1927)29BOMLR78

..... only remains to consider the compensation. i think the same principles apply under act xiii of 1855 as are laid down for the determination of compensation under lord campbell's act in england. those principles have been stated in royal trust company v. canadian pacific railway company (1922) 38 t.l.r. 899 and baker v. dalgleish steam shipping ..... 27. in the result, therefore, i think the learned judge was right in holding that the defendant was liable in damages to the plaintiffs under the indian fatal accidents act. i would, accordingly, dismiss the defendant's appeal.28. as regards the cross-objections, i think we may properly award costs as between solicitor and ..... given for consideration, would be revocable by the landlord subject to his liability for damages. in my opinion, the case comes within section 60 (a) of the indian easements act. it is, therefore, distinguishable from prosonna coomar singha v. ram coomar ghose. i.l.r. (1889) cal 640 the rent bill evidencing the tenancy agreement .....

Commissioner of Income Tax, Bombay Vs. C. Macdonald and Co.

Court : Mumbai

Reported in : AIR1935Bom197; [1935]3ITR459(Bom)

..... income tax act in respect of the whole of their net profits, and could not deduct from their income the proportion paid away to the french ..... act. the income tax commissioner relies on a decision of the privy council, pondicherry railway co. v. commissioner of income tax, bombay in support of his view that assessees are liable to be assessed in respect of the whole sum of rs. 97,000 odd received by them. in that case the pondicherry railway company were liable to be assessed for tax under the indian ..... paid away to third parties. it has not been argued that the sums paid to third parties come within any of the various deductions allowed by the indian income tax act. but the argument has been that the sums paid to third parties never were the income, profits or gains of the assessees within the meaning of section .....