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 .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)70BOMLR254; 1968MhLJ539
..... loss, destruction or deterioration of the goods from that time. in case of railways, section 73 of the indian railways act provides for general responsibility of a railway administration as carrier of goods. it provides that save as otherwise provided in the act, a railway administration shall be responsible for the loss, destruction, damage, deterioration or non-delivery ..... goods as an owner would take of his own goods.5. the responsibility of a bailee in the ordinary law, including the responsibility of a railway company or administration as a bailee prior to 1962, has been considered in a number of judgments and it is now well-established that a consignee or ..... strongly on rule 118 of general rules (goods) of goods tariff part i, framed under the indian railways act and in force from january 1962. that rule reads as under:118. re-weighment of consignments at destination.-railways do not undertake to weigh consignments at destination stations as a matter of course. such weighments at .....
Tag this Judgment!Court : Karnataka
Reported in : [1967]37CompCas511(Kar)
..... suit but it is certainly an application on behalf of the company and, therefore, by the company.' in section 45-o (2) of the banking companies act, the words and figures, 'section 543 of the companies act, 1956' were substituted for 'section 235 of the indian companies act,1913,' by the banking companies (amendment) act,1956, as the companies act, 1956, superseded the indian companies act,1913. 71. in the non obstinate clause at the beginning ..... of sub-section (2) of section 45-o, reference to section 543 of the companies act, 1956, and the earlier reference to section 235 of the indian companies act,1913, would be redundant and wholly unmeaning full .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad338
..... 397 and 398 of the indian companies act, 1956 corresponding to s. 210 of the english companies act of 1948. the case law both under the english and indian sections of the companies act is very sparse.(2) sri rangaraja talkies (private) limited has been incorporated under the indian companies act, 1913, and is now governed by the indian companies act, 1956. its registered office ..... is for the minority sharers being purchased by the majority sharers, thereby restoring unanimity and harmony in the management.(10) sections 397 and 398 of the indian companies act 1956, deal with the powers of the court and of the central government to deal with cases of oppression of the minority or mismanagement. they reproduce ..... the shares to t. a. mani as agreed to by them. the applicants have filed this application under sections 397 and 398 of the indian companies act, 1956, chapter vi of part vi, 'prevention of oppression and mismanagement'.(9) in spite of opportunities given by this court, it is found that .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom1; (1960)62BOMLR594
..... would be invalid or contravening the provisions of order xxxiii, rule 3. so far as companies are concerned, the companies act provides for the mode in which the company is to be represented. under section 179 of the indian companies act the liquidator may institute any suit or other legal proceedings in the name and on ..... behalf of the company and under order xxix of the civil procedure code the principal officer of the company may act in legal proceedings on behalf of the company and ..... imported for considering how the word 'person' occurring in the indian statute is to be interpreted, according to the definition contained! in the general clauses act, the word 'person' wherever occurring in an indian statute shall, subject to the context, include any company or association or body of individuals whether incorporated, or not. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad264; 157Ind.Cas.503; (1935)68MLJ232
..... special procedure laid down is, in my opinion, not inconsistent with the section.4. i may point out in this connection that it was held, that under the indian companies act of 1882 the special proceeding provided for by section 214 was not subject to any rule of limitation. d. connell v. himalaya bank, ltd. i.l.r.(1895 ..... (3) of the indian companies act but the courts cannot import a rule of limitation where the legislature has either by design or accident ..... v. streeramulu chetti i.l.r.(1896) 19 mad. 149. but under the present companies act, section 235 expressly enacts that applications in respect of misfeasance or breach of trust are in the nature of suits, governed by the provisions of the indian limitation act. the legislature may, if it chooses, enact a provision on the lines of section 235 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(202)ELT41(SC); JT2006(8)SC608; 2006(9)SCALE67; (2006)10SCC129; 2006(2)LC1139(SC)
..... . sinha, j.1. leave granted. 2. the respondent, which is a company incorporated and registered under the indian companies act, manufactures 'hose pipe'. it supplies goods manufactured by it to the indian railways. the goods are manufactured in terms of the specifications of the railway administration. supplies are, however, made against specific contracts. the respondents used to pay ..... act, 1944) opining that the same would amount to unjust enrichment. the respondent preferred an appeal before the customs, excise & gold (control) appellate tribunal, which was registered as appeal no.e/r-79/98. the question, which arose before the tribunal, was : 'as to whether the goods supplied to the railway ..... paid the excise duty under protest and there being a subsequent finding that no excise duty was payable in respect of the goods, the respondent company was entitled to refund and there was no question of unjust enrichment in the instant case.4. mr. harish chander, learned senior counsel appearing .....
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