Court : Chennai
Reported in : AIR1931Mad58; (1931)60MLJ280
..... counsel for the liquidator that the winding-up order is the starting point of the liquidator's right of applying to the court under section 235 (1) of the indian companies act (vii of 1913). reliance for this proposition is placed on in the matter of the union bank, allahabad, limited i.l.r. (1925) a. 669, where ..... applicant. the official liquidator appeals.2. in appeal the two points that arise are: (1) . whether directors of companies under the indian companies act are trustees for the purpose of section 10 of the limitation act; and (2) if they are not trustees, from what date does limitation run.3. taking up the first point, it is ..... of the official liquidator of the city hygienic milk supply co., ltd., under section 235 of the indian companies act for an order compelling the directors of the company to pay certain amounts by way of compensation in respect of their acts of misfeasance, etc. two points were raised before the learned judge and both were decided against the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad382; (1930)58MLJ420
..... ) 25 ch. d. 103. the observations of lord hatherley in touche v. metropolitan railway warehousing company (1871) l.r. 6 ch. app. 671 have been dissented from as stating the rule too widely.16. section 23 of the specific relief act deals with the persons for whom contracts may be specifically enforced and clause (c) of that section enacts that ..... personally liable. in our opinion this contention is not sound. jamna das was no party to the contract between mussammat lakhpati kuar and pandit ram autar pande. no indian or english case has been cited to us in which it has been ever held or suggested that the transferee of the equity of redemption in mortgaged property becomes ..... view. he referred to the numerous cases on the subject. the view he was inclined to take was that having regard to the definition of the word 'contract' in the indian contract act and the observations of their lordships of the privy council, the ruling in tweddle v. atkinson (1861) 1 b. & section 393 : 121 e.r. 762 has .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad727; (1930)59MLJ358
..... , see the judgment of lord watson in london, chatham and dover railway co. v. south eastern railway co. (1893) a.c. 429 to carry out this object, a proviso was added, leaving untouched those cases in which there was already a right to interest when the act was passed. the indian act, as its preamble shows, reproduces for this country the terms of ..... having regard to the principles which i have discussed here, has not been correctly decided. the remarks of loral blackburn as regards lord tenterden's act in duncombe v. brighton club and norfolk hotel company (1875) l.r. 10 q.b. 371 that'the statute ought to have said that wherever there is a debt at all it should ..... will appear from the decision in london, chatham and dover railway co. v. the south eastern railway co. (1893) a.c. 429 which discusses the earlier english decisions on the same point, namely, merchant shipping co. v. armitage (1873) l.r. 9 q.b. and duncombe v. brighton club and norfolk hotel company (1875) l.r. 10 q.b. 371 in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad74; (1929)57MLJ723
..... j.1. the short question is: what is the effect of sections 199, 200 and 201 of the indian companies act read with section 3?2. an order was made by the high court under section 187 ordering the payment ..... section, which is the court that can enforce it? the answer is: 'the court that would have had jurisdiction in respect of such company, if its registered office had been situate at tanjore.' what then is that court? the answer to this question is furnished by section 3 ..... portion of the former section runs thus:any order made by a court for or in the course of the winding up of a company shall be enforced in any place in british india other than that in which such court is situate, by the court that would ..... court having jurisdiction in the place at which the registered office of the company is situate.6. in other words, if the registered office of this company is situate at tanjore, the court having jurisdiction under the act, would be the high court. from the foregoing statement, it follows .....
Tag this Judgment!Court : Chennai
Reported in : (1929)57MLJ251
ramesam, j.1. in this case, the municipal council of kumbakonam assessed the south indian railway company for the year 1921-22 on a certain footing. the tax imposed was rs. 632-14-6. a demand notice for this amount was sent on 31st july, 1921 and ..... of 1920 on receipt of particulars from the executive engineer re present estimated cost of erecting the building.' it may be mentioned that proviso (a) to section 82(2) of act v of 1920 really indicates the mode of assessment. it does not relate to any power of revision. such power is really contained in rule 8 of schedule iv attached ..... three years so as to operate retrospectively. as to the inconvenience to big' concerns like railway companies which have to produce a balance sheet and declare dividends, inconvenience may exist; but, in the face of the section and the rules, the inconvenience cannot prevent the operation of the act and the rules thereunder. we, therefore, allow the appeal and dismiss the suit with .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad746; (1929)57MLJ471
..... has been issued by the government of india under the railways act, making the railway company liable to pay the property tax claimed by the municipal council. to appreciate the dispute between the parties, it is necessary to state that under section 135 of the indian railways act (ix of 1890)notwithstanding anything to the contrary in ..... the government of india, railway department, in these terms:in pursuance of section 135 of the indian railways act, 1890 (ix of 1890) and in supersession of all previous notifications on the subject, the governor-general in council is pleased to declare that the administration of the madras and southern mahratta railway company shall be liable to ..... says that the same was issued 'in supersession' of all previous notifications on the subject. its wordings are:in pursuance of section 135 of the indian railways act (ix of 1890) and in supersession of all previous notifications on the subject, the governor-general in council is pleased to declare, etc., etc.10 .....
Tag this Judgment!Court : Chennai
Reported in : 121Ind.Cas.839
..... proper notification has been issued by the government of india under the railways act, making the railway company liable to pay the property, tax claimed by the municipal council. to appreciate the dispute between the parties, it is necessary to state that under section 135 of the indian railways act (ix of 1890) notwithstanding anything to the contrary in any ..... specifically says that the same was issued 'in supersession' of all previous notifications on the subject. its wording is 'in pursuance of section 135 of the indian railways. act ix of 1890 and in supersession of all previous notifications on the subject the governor-general-in council is pleased to declare, etc.' thus it is clear ..... have been authorisad in so far as tax on lands is concerned, i am unable to agree with that contention. section 135 of the indian railways act makes it clear that a railway administration is not liable to pay any tax in, aid of the funds of any local authority unless the governor-general-in-council, has .....
Tag this Judgment!Court : Chennai
Reported in : (1929)56MLJ79
..... rule 20 of order 6 of the fees rules only refers to petitions or proceedings under the indian companies act, probate and administration matters, petitions under the guardian and wards act, income-tax cases, habeas corpus applications, claims to attached properties, application under the trustees act, administrator-general's act, arbitrations, and similar matters. i do not think that there is any provision under the rules ..... ' as required by the rules. but this is not an application under any of the sections of the indian companies act. it is purely an application under section 45 of the specific relief act. the learned judge dismissed the application with 'costs,' but the order as drawn up is 'taxed costs.'2. the contention raised by the applicant is that the order is wrongly .....
Tag this Judgment!Court : Chennai
Reported in : 117Ind.Cas.301
..... rule 20 of order vi of the fees rules only refers to petitions or proceedings under the indian companies act, probate and administration matters, petitions under the guardian and wards act, income-tax cases, habeas corpus applications, claims to attached properties, applications under the trustee act, administrator-general's act, arbitrations, and similar matters. i do not think that there is any provision under the rules ..... ,' as required by the rules. but this is not an application under any of the sections of the indian companies act. it is purely an application under section 45 of the specific relief act. the learned judge dismissed the application with 'costs,' but the order as drawn up is 'taxed costs'.2. the contention raised by the applicant is that the order is wrongly .....
Tag this Judgment!Court : Chennai
Reported in : 121Ind.Cas.753
..... the 1st defendant or under his direction and, if so, when? a finding has been returned.[see infra p. 760--ed.] in the interval, the indian legislature has amended the indian registration act by providing that an unregistered agreement for sale even reciting payment of consideration is not inadmissible in evidence and making this provision declaratory of the law and retrospective ..... l.r. 196 was distinguished thus by p.c. lawrence, j. 'in the first place it was not a case of debentures or debenture stock issued by a limited company, but of a mortgage between private individuals etc.' therefore, i do not think that the case helps the respondents. as there is an interval of six days between the ..... (1910) 26 t.l.r. 138 there was a clause giving the vendor the option of binding one-third the capital of a company which was to be floated for the purpose of developing land. the company was formed but the option was not given. it was held that, if the clause was contained in a mortgage, it would not .....
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