Court : Chennai
Reported in : (1901)ILR24Mad205
..... mad. 10 was one of an unfinished house and we were not satisfied that any provision of the act had been contravened. the cases, tuticorin municipality v south indian railway i.l.r. 13 mad. 78 and municipal council, cocanada v. royal insurance company, liverpool i.l.r. 21 mad. 5 are on the other aide of the line. the last ..... orders for another person, with no power to make contracts. an attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of law has, in our opinion, no bearing ..... . in regard to the substantial question there are two points to be considered--it has to be ascertained whether the company was exercising any art, profession, trade or calling specified in the schedule to the act, and whether the company exercised such art, profession, trade, or calling within the municipality within the meaning of the 53rd section. the business .....
Tag this Judgment!Court : Chennai
Reported in : (1900)10MLJ401
..... i.l.r. 19 m.k 10 was one of an unfinished house and we were not satisfied that any provision of the act had been contravened. the cases reported in municipal council of tuticorin v. south indian railway company i.l.r. 13 m.k 78 are cases on the other side of the liae. the last of these cases closely ..... orders for another person, with no power to make contracts. an attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act, the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of law has in our opinion no bearing whatever ..... 2. in regard to the substantial question there are two points to be considered--it has to be ascertained whether the company was exercising any art, profession, trade, or calling specified in the schedule to the act and whether to the company exercised such art, profession, trade, or calling within the municipality within the meaning pi the 53rd section. the business .....
Tag this Judgment!Court : Chennai
Reported in : (1898)8MLJ85
..... the time contemplated so as to be available for the special market then existing at karamadai (wilson v. lancashire and yorkshire railway company, 30. l. j. c. p. 232 and illustration q to section 73 of the indian contract act, which illustration appears to be based on the english case). the plaintiff, however, did not allege or prove any such ..... to such conditions. (per hellish, l. j., in parker v. south-eastern railway company, at p. 421, l. r. 2 c. p.. he is therefore precluded from maintaining this suit, unless such a condition is void under section 72 of the indian railways act. the question then is whether the contract between the plaintiff and the defendants in so ..... . apart from any special contract, the responsibility of a railway company for the loss, destruction or deterioration of goods is declared by section 72 of the railways act (ix of 18.90) to be that of a bailee as defined in sections 151, 152 and 161 of the indian contract act, and the last section enacts that 'if, by the .....
Tag this Judgment!Court : Chennai
Reported in : (1898)ILR21Mad172
..... him at the time contemplated so as to be available for the special market then existing at karamadai wilson v. lancashire and yorkshire railway company 30 l.j. c.p. 232 and illustration (q) to section 73 of the indian contract act, which illustration appears to be based on the english case)]. the plaintiff, however, did not allege or prove any such ' ..... special reason. apart from any special contract, the responsibility of a railway company for the loss, destruction or deterioration of goods is declared by section 72 of the railways act (ix of 1890) to be that of a bailee as defined in sections 151, 152 and 161 of the indian contract act, and the last section enacts that ' if, by the fault ..... . l.r. 2 c.p.d. 416. he is therefore precluded from maintaining this suit, unless such a condition is void under 72 of the indian railways act. the question then is whether the contract between the plaintiff and the defendants in so far as it purports to exonerate the latter from responsibility for delay .....
Tag this Judgment!Court : Chennai
Reported in : (1896)ILR19Mad200
..... the said association is one falling within the latter part of section 4 of the indian companies act, which runs as follows:no company, association, or partnership consisting of more-than twenty persons shall be formed after the commencement of this act; for the purpose of carrying on any business (other than banking) that has for ..... is to lend money at intervals upon successive contracts, therefore the thornhill arms society carries on a 'business.' a society is not within section 4 of the companies act, 1862, unless its business has for its object the ' acquisition of gain.' but thornhill arms society lends money at interest; therefore it is an association carrying ..... what the borrowing members gain; but lending members gain and each member has the possibility of acquiring gain. therefore the thornhill arms society is prohibited by the companies act, 1862, section 4, and is illegal.' the argument which might be suggested against the above view that the words in section 4 'by the individual .....
Tag this Judgment!Court : Chennai
Reported in : (1896)ILR19Mad85
..... of mr. justice shephard disposing of an application under section 182 of the indian companies act in the matter of the madras building association (limited).2. the madras building association (limited) is now in liquidation, but prior to the petition for liquidation certain shareholders gave notice of withdrawal from the company, and the question for decision is, what are the rights of the withdrawing .....
Tag this Judgment!Court : Chennai
Reported in : (1894)ILR17Mad445
muttusami ayyar, j.1. under section 72 of the indian railways act, the responsibility of the railway company for loss of goods delivered to be carried by the railway is, subject to the provisions of that act, that of a bailee under sections 151, 152 and 1611 [1]of the indian contract act. under section 76[2] of the former enactment, it is not necessary for the plaintiffs to prove ..... how the loss was caused. act iii of 1865, sections .....
Tag this Judgment!Court : Chennai
Reported in : (1894)ILR17Mad21
..... appeal.14. for the appellant it is contended (i) that the english decisions relied on by the learned commissioner do not apply to cases arising under the indian insolvency act; (ii) that assuming that they are applicable, the decision under appeal is at variance with the case of re new land development association and gray 1892 l ..... testatrix devised her real estate to her nephews, william shurley and joseph shurley, as tenants in common. the nephews purported to convey the estate to a land company, who, in may 1891, entered into a contract for its sale to a purchaser. the purchaser discovered before completion that in 1888 william shurley had been adjudicated ..... as one of reasonable construction, and it appears to mo that the whole of the reasoning is applicable under the indian insolvency act. i see no substantial difference on the point now before us between the indian insolvency act and the english bankruptcy acts, viz., 6 geo. iv, cap. 16, sections 63 and 127, 1 & 2 will. iv, cap. .....
Tag this Judgment!Court : Chennai
Reported in : (1893)ILR16Mad148
..... have expressly revived the doctrine of notice if they had intended to revive it or referred to notice as they have done in the specific relief act and the indian trusts act.25. the course of decisions is, however, open to this objection, viz., that transactions resting on documents which are optionally registrable and which are ..... with consistency and unity of design and we can hardly suppose that an equitable doctrine was deliberately recognized in the specific relief act and indian trusts act,--but treated as defunct in the registration act, because not expressly mentioned therein. the effect of holding otherwise would lead to the curious result that as against a subsequent ..... the equitable doctrine of notice as altogether defunct is apparent from the specific relief act i of 1877, section 27, and the indian trusts act ii of 1882, section 91, the former act having been passed in the same year as the present registration act. the effect of the doctrine in a case arising under section 50 of .....
Tag this Judgment!Court : Chennai
Reported in : (1893)3MLJ54
..... would have expressly revived the doctrine of notice if they had intended to revive it or referred to notice as they have done in the specific relief act, and the indian trusts act.23. the course of decisions is, however, open to this objection, viz, that transactions resting on documents which are optionally registrable and which are ..... with consistency and unity of design and we can hardly suppose that an equitable doctrine was deliberately recognized in the specific relief act and the indian trusts act,--but treated as defunct in the registration act, because not expressly mentioned therein. the effect of holding otherwise would lead to the curious result that as against a subsequent ..... for differing from i. l. r 5 m 73 and thus overruling a series, of decisions of this high court since 1881,17. the first indian registration act was the regulation of 1802, and the reason for passing such a regulation is declared to be to prevent persons being defrauded by purchasing...real- property .....
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