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 .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]208ITR882(Cal)
..... cost price of the assets of the assessee was entered since, in view of notification dated june 11, 1927, under the indian income-tax act, 1922, no depreciation was allowed on the assets of the railway companies, but the actual expenditure on repairs, replacement and renewal was allowed as revenue deductions. the income-tax officer, however, took ..... that, by reason of omission or failure on the part of the assessee to make a valid return under section 139 of the act for the said assessment year, the assessee-company's income chargeable to tax has escaped assessment for this year. so, i reopen the assessment proceedings under the provisions of section 147 ..... the return. the matter has been discussed in detail in 1977-78 assessment order. as the act contemplates taxation of companies in liquidation, return, assessment and tax are inescapable. 3. the third contention is that valuation made by the company's valuer, messrs. talbot and co., is binding as the departmental valuer has declined to make .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC183; (1988)2GLR1457; JT1988(3)SC129; 1988(2)SCALE76; 1988Supp(1)SCC713; 1988(2)LC390(SC)
..... contentions a claim for refund of rs. 1,49,667.09 was made. the defendants maintained that the suit was not maintainable as under the provisions of the indian railways act, 1890, the matter came within the purview of the statutory rates tribunal; the agreement was not binding and at any rate was available to be unilaterally modified and ..... plaintiff but the high court in appeal by the plaintiff reversed the judgment and decreed the suit for a sum of rs. 1,25, 264.87.4. the company had entered into an arrangement with the ruler of the ex-bhavnagar state relating to manufacture, sale and export of salt from the bhavnagar state. under the said contract ..... 1) whether the claim was maintainable in civil court in view of the provisions contained in chapter v of the indian railways act, 1890?(2) if the agreement of march, 1951 was an independent one entered into between western railway and the plaintiff and not based upon the earlier agreement of 1943, and if it was an independent agreement, whether .....
Tag this Judgment!Court : Delhi
Reported in : 2003VAD(Delhi)364
..... and another versus s. jayarajan : (1996)iillj735sc and two others judgments of this court reported as m. gopalkrishnaiah versus union of india 1994 (30) drj and m/s indian railway construction company ltd. and ors. versus lt. col. a.k. dogra (retd.) : (1993)iillj45del .8. it is also submitted that no adverse material was ever communicated to ..... w.e.f 11.1.2001, in the first instance or till the age of superannuation whichever is earlier and in accordance with the provision of the companies act. the appointment may, however, be terminated even during this period by either side on three months notice or on payment of three months salary in lieu thereof ..... 04th october, 2002 was stayed. it appears that the respondent had simultaneously started appraising the work of the petitioner which, according to the petitioner, was an illegal act on their part having been resorted to after the stay was granted by this court on 09th october, 2002. petitioner, thereforee, filed the present writ petition for .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All371
..... .1. by virtue of section 47(1)(f) of the indian railways act, act no. ix of 1890, as in force in 1946, every railway company and, in the case of a railway administered by the government, an officer to be appointed by the central government, in this behalf was empowered to make general rules consistent with the act for, inter alia, regulating the terms and conditions on ..... revision before us.6. it is not now contended that the charge for warehouse was increased from one anna to 3 annas under the provisions of section 47 of the indian railways act about which reference has been made -- it being conceded that if the increase was under that section, the increase would not be effective as there was no publication in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H41
..... .--any notice or other document required, or authorised by this act to be served on a railway administration may be served, in the case of a railway administered by the government on the manager or the chief commercial superintendent and, in the case of a railway administered by a railway company-- (a) by delivering the notice or other document to the ..... manager or the chief commercial superintendent or agent, or (b) by leaving it at his office; or (c) by forwarding it by post in a pre-paid letter addressed to the manager or the chief commercial superintendent or agent at his office and registered under the indian post office act ..... to the date of the suit.3. the suit was contested by the defendant who inter alia pleaded that notice under s. 78-b of the railways act (hereinafter called the act), was not duly served upon it and that the same was not given by an authorised person. some other pleas were also taken but they do .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(5)SC407; 2007(5)SCALE210; (2007)9SCC55; (2007)6VST755(SC); 2007AIRSCW2400
..... :(a) the port trust;(b) municipal corporation and municipal councils, and other local authorities;(c) railway administration as defined under the indian railways act, 1890;(d) shipping, transport and construction companies;(e) air transport companies and air-lines;(f) transporters, holding permits for transport vehicles granted under the motor-vehicles act, 1988 which are used or adopted to be used for hire;(g) the andhra pradesh state ..... road transport corporation;(h) customs department of the government of india administering the customs act, 1962;(i) insurance .....
Tag this Judgment!Court : Chennai
Reported in : [1947]15ITR502(Mad)
..... also followed the above principles in determining the residence in the case of companies and firms for purposes of section 4 (2) of that act : see commissioner of income-tax, madras v ..... the central management and control of a company may be divided, and it may keep house and do business in more than one place; and if so, it may have more than one residence' : seaweeds central railway company ltd. v. thompson.as residence was not defined in the indian income-tax act, 1922, the courts in this country ..... business including the branches outside british india, was exercised both from ramachandrapuram and madras, it may very well be that the principle of the swedish central railway companys case would apply and that the central management of the business as a whole might be apply and that the central management of the business as a .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1938Cal759
..... a memorandum of cross-objections. the plaintiff entered the service of the east indian railway company in 1901 as a clerk and continued to be so till the end of 1924. in 1925 the railway became a state railway, and the plaintiff's service was continued by the railway board acting on behalf of the government of india, the plaintiff entering into a contract ..... the period of suspension was not extended. one would have ordinarily attributed it to mere omission, but in ex. 6 (ii-29) docket from the agent, east indian railway-there is a note that the suspension was from 4th july 1930 to 27th february 1931. on these materials we hold that the suspension lasted up to 27th february 1931 ..... the last note was cancelled and he was called upon to explain why he should not be dismissed for neglect of duty which had resulted in loss to the railway. he submitted an explanation. he was not ultimately dismissed but discharged from service on 19th january 1932, a month's pay being given in lieu of notice. .....
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