Court : Chennai
Reported in : AIR1932Mad474; (1932)62MLJ720
..... at a later stage he was compelled to modify that contention and to admit that the corporation claims under section 110 of its act to collect companies' tax from companies other than those incorporated under the indian companies act--from companies incorporated anywhere, which by conducting business in madras become liable to that tax. he has urged however that the banks with which we are concerned are ..... or description also is satisfied by these banks, as their shares are transferable, though under certain restrictions. but mr. rajamanikkam has pointed out to us that irr the great northern railway company v. the coal co-operative society (1896) 1 ch. 187, vaughan williams, j., decided that a co-operative society, registered in england under the industrial and provident societies .....
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad298; (1932)62MLJ313
..... by the respondent. in view of the decisions of our own court to be presently mentioned i am reluctant to extend to decrees for possession made under the indian practice and procedure the effect attributed in this respect to actions for ejectment according to the english practice. those who are curious to follow the development of the ..... : air1926mad187 where a tenant being served by government with a notice under section 7 of the madras land encroachment act had accepted a patta from government and thereafter held under government, it was held that the notice and acceptance of patta amounted in those circumstances to eviction and ..... or attorned to him or even notified a that he intends to hold under b, he continued to be under the estoppel laid down by section 116 of the evidence act. spencer, j., after citing text-books on the point, said that an unexecuted decree for possession would not amount to eviction. in alaga pillai v. ramaswami thevan .....
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad545; 137Ind.Cas.884; (1932)62MLJ573
..... in consideration thereof agreed to hold the railway company harmless and free from all responsibility for any loss, etc., from any ..... the, goods would not be enough. the position of the railway company under risk-note form h is different from that of an ordinary bailee under sections 150, 151, etc., of the indian contract act. it is to save the railway company from such liability under sections 151, 152, etc., of the indian contract act that the company offered lower rates of. freight to the plaintiffs and the plaintiffs .....
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad100; 136Ind.Cas.193; (1931)61MLJ724
..... should remain there. i do not think that this would be intra vires a general meeting of the shareholders, for the articles until altered (and this, according to section 20, indian companies act, can only be done by special resolution), bind the shareholders in general meeting as much as the board: see boschock proprietary co., ltd. v. fuke (1906) 1 ch. 148. it ..... shareholders could not legalise an invalid act and prevent action being taken to set it aside. this case bear's upon the further question we have to decide--the remedy, if any, open to the plaintiffs at the hands of the company. in hoole v. great western railway co. (1867) 3 ch. app. 262 the power of the railway company to issue additional shares was .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad152; (1931)60MLJ551
..... english courts in the cases cited on behalf of the respondent does not, in my opinion, apply to the present case. the position of a railway company, authorised by its special act to put up any buildings necessary for their purpose in the place covered by the lines marked in the plans deposited, is different from the ..... instal steam-boilers anywhere it liked within that area. in support of this position certain english and indian decisions were referred to.29. on behalf of the respondents great reliance was placed on three english decisions reported in city and south london railway company v. london county council (1891) 2 q.b. 513, london county council v. london ..... rail way. co. v. municipal corporation of the city of bombay i.l.r. (1913) b. 565. section 7 of the indian railways act contains the following provision:notwithstanding. anything in any other act for the time being in force.53. with these words occurring in a particular enactment, it is impossible to say that any other general .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad1012; 129Ind.Cas.40; (1930)59MLJ826
..... a further question raised. in the case of a winding up by the court, the winding up dates from the presentation of the petition. (section 168 of the indian companies act.) in this case, nearly six years elapsed between the presentation of the petition and the winding-tip order. i have already said that the petition was presented on the ..... of the petition and the winding-up order. the effect of a winding-up order under section 227(2) is to avoid all dispositions of the property of the company made between these two dates, unless the court otherwise orders; that is to say, the winding-up order has a retrospective effect. , what are avoided under the ..... . venugopala mudaliar for a gentleman holding 9 shares. on behalf of these shareholders i am asked to treat the settlement as binding. then there are three creditors of this company, two represented by mr. somayya and one by mr. t. krishnaswami aiyangar. on behalf of these creditors also it is stated that the settlement should be treated as .....
Tag this Judgment!Court : Chennai
Reported in : 129Ind.Cas.633; (1930)59MLJ674
..... this question was considered in the first case in respect of a will and in the other case as regards a risk note to be signed and delivered to the railway company. in another calcutta case, namely, abdul gafur v. queen-empress i.l.r. (1896) c. 896 the same question arose in . connection with a warrant ..... defect pointed out in' that judgment, it was held that the person obstructing the execution of such a warrant could not be convicted under section 186 of the indian penal code. in a decision of this court reported in lakshmanacharyulu v. venkataramanujacharyulu : air1926mad827 it was held that for purposes of a valid acknowledgment under section ..... 19 of the limitation act, initials are not equivalent to signature. though there is no direct authority in respect of the word 'signed' occurring in section 265, clause (2) of the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad115
..... in that case the question was not raised in the lower court that the defendant was not a railway company. if the water-way became a railway within the meaning of the railways act, the company working the boats would be a railway company but the point was not raised and the learned judges of the punjab chief court said that they ..... any rate this little difference does not enable me to say that the petitioner company which is certainly a common carrier under the memorandum of association ceased to be a common carrier quoad the business of taking the goods from the south indian railway out-agency at muttancherry, if they are common carriers the form ii cannot ..... be held to have regulated their liabilities for this portion of the journey and that must be regulated under the carriers act. under the carriers act, negligence is [resumed by the loss of goods, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad561; (1931)60MLJ662
..... the duty of the defendant to maintain the tanks appears to their lordships a duty of very much the same description as that of the railway company to maintain their railway.23. under the madras estates land act the tenants can compel a landlord to repair a tank which is the source of irrigation by a proper application to the collector.24. there ..... defendant is one. the zamindars have no power to do away with these tanks, in the maintenance of which large numbers of people are interested, but are charged under indian law, by reason of their tenure, with the duty of preserving and repairing them. from this statement of facts referred to in the judgment of the high court, and ..... , nandigam lost his right to repair the breach' and restore the tank to its original condition.17. so far as the indian law is concerned, no reservation is necessary where there is a conveyance or partition of property. the easements act follows the law as laid down in pyer v. carter (1857) 1 h. & n. 916 : 156 e.r. 1472, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad512; (1930)59MLJ28
..... in sinclair v. brougham (1914) a.c. 398 which follows it. in the first case it was held that a transaction which was ultra vires of the company could not be enforced against it. in the latter case questions of priority arose between the outside creditors, the unadvanced shareholders and the depositors of a building society formed ..... formal transfer or conveyance transferred to a corporation is in law duly vested in such corporation, even though the corporation was not empowered to acquire such property'. under the indian law a mortgage is a transfer of interest in immoveable property. the case of ayers v. south australian banking co. (1869) 3 p.c. 548 is given ..... jenkins, c.j., and tyabji, j., confirming the judgment of russel, j., that notwithstanding section 37 of the presidency banks act, the bank was entitled to realise money lent on equitable mortgages. the above-mentioned decision in the ashbury railway carnage and iron co. v. riche (1875) l.r. 7 h.l. 653 case was referred to by russel, .....
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