Court : Chennai
Reported in : (1929)56MLJ318
..... of the suit lands by the 1st defendant or under his direction and, if so, when? a finding has been returned. 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 ..... rice (1902) a.c. 24 was distinguished thus by 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.10. therefore i do not think that the case helps the respondents. as there is an interval of six days between ..... also contended that the clause in question was void for a third reason, namely, that it offends the rule of perpetuities and the case of l. & s. w. railway co. v. gomm (1882) 20 ch d. 562 and maharaj bahadur singh v. balchand were relied on, but it is not necessary to consider this question which has given .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad409; (1929)56MLJ525
..... arc habitually made, there a trade or business is carried on within the meaning of the income-tax acts, so as to render the profits liable to income-tax.16. see also san panlo (brazilian) railway company v. carter (1896) a.c 31. all the well-known cases on this point have been discussed, ..... council of dindigul, is a corporation constituted under the district municipalities act of 1920 and has its office at dindigul. the defendant municipality ..... is not difficult to imagine cases where it would inflict great injustice on the company to be taxed.9. the appeal will be dismissed with costs.madhavan nair, j.10. the plaintiff, the bombay company, limited, is a company incorporated under the indian companies act and carries on business in madras and elsewhere. the defendant, the municipal .....
Tag this Judgment!Court : Chennai
Reported in : 115Ind.Cas.486
..... 33. this concludes the discussion on the final decree appeal.srinivasa ayyangar j.34. these four connected appeals have arisen out of a suit instituted by a company registered under the indian companies act under the name of the guntur cotton, jute and paper mills co., ltd., guntur. two of the appeals are from the preliminary judgment and by ..... mortgage but also with regard to the promissory notes which became merged in the mortgage was that under section 91(a) of the indian companies act which was introduced into the act by the amending act xi of 1914 an obligation is laid on every director directly or indirectly concerned or interested in any contract or arrangement entered into on ..... : 8 manson 374 : 569 where rigby, l.j., states 'no attempt has been made to show that sir a. forwood ever did what was contrary to the railway company's articles of association'.15. i am clear that the onus lay upon the plaintiffs to prove non-disclosure. i am further clear that they have not discharged it. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad353
..... . this concludes the discussion on the final decree appeal.srinivasa ayyangar, j.37. these four connected appeals have arisen out of a suit instituted by a company registered under the indian companies act under the name of the guntur cotton, jute and paper mills co. ltd., guntur. two of the appeals are from the preliminary judgment and by the ..... forwood at p. 759 where rigby, l. j., states : 'no attempt has been made to show that sir a. forwood ever did what was contrary to the railway companies' articles of association.17. i am clear that the onus lay upon the plaintiffs to prove non-disclosure. i am further clear that they have not discharged it. p.w ..... to this effect may be quoted from imperial mercantile credit association v. coleman at p. 568 and costa rica railway co. ltd. v. forwood, at p. 762, where vaughan williams, l. j.,. remarks:it seems to me that...the company, through its directors, was perfectly well aware that sir a. forwood was beneficially interested in a contract.... that .....
Tag this Judgment!Court : Chennai
Reported in : 109Ind.Cas.406
..... at bombay some goods has brought this suit against the railway company and the secretary of state for loss of goods in transit. he gave a notice as required under section 77 of the indian railways act within six months of the loss, that is, on 20th february, 1925. the railway administration was taken over by the secretary of state for ..... 20 c.w.n. 790 it was held that notice given to the collector under section 80, civil procedure code, was sufficient compliance with the provisions of section 77 of the indian railways act. there, the notice was given within six months and the suit was after two months after the date of notice, so that the notice to the collector, under ..... section 80, civil procedure code. as i said, it is open to a party to give a combined notice which would satisfy all the requirements of section 77 of the indian railways act and section 80, civil procedure code. but if a party does not do that he must give a notice under section 77 within six months in order to enable him .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad146
..... to amongst other cases. in municipal council of cocanada v. clean's line steamers ltd. [1919] 42 mad. 455, which was a decision under the district municipalities act of 1884, a shipping company, which earned profits by carriage of goods by sea and in the course of its business called at several ports in various parts of the world, was in ..... principles and states.if it were a mine, as in the casena sulphur co. v. nicholson [1876] 1 ex.d. 428, or a jute mill, equally with the railway, the person who governs the whole commercial adventure, the person who decides what shall be done in respect of the adventure, what capital shall be invested in the adventure, on ..... profits accrued solely in france they were not taxable in british india. of these cases some were cases decided upon the construction of income-tax acts and two of the indian cases were decisions upon acts entitling a municipality to exact a tax on professions or trades.11. but although the case i have before me now is not one which .....
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad571
..... create entirely a new sphere of rights and obligations, it becomes important to discuss the question in this case whether the indian companies act, must, having regard to its true nature, be regarded as an act creating such a new sphere or as merely legislating for or regulating certain rights recognized under the common law. it ..... by suit. the contention of the learned vakil for the respondents with regard to this matter was that the indian companies act is really in the form of a complete code dealing with all the matters relating to companies and that, therefore, if such enactment has provided a special remedy for the claim in question, then ..... considerable difficulty is the question raised and discussed in these appeals. it relates to the claim of the plaintiff-appellant to require the first defendant company, a company registered under the companies act to register in his name certain shares purchased by him at a sale held by court in execution of a decree and subsequently confirmed.2 .....
Tag this Judgment!Court : Chennai
Reported in : (1927)53MLJ679
..... to indemnity? it is well settled that the third party procedure is applicable only to claims to indemnity and not to claims to damages. see b. & d. land company v. l.& n.w. railway company (1886) 34 ch. div. 261. is then a cestui que trust entitled to indemnity as against his trustee? the english cases establish that a right to indemnity may ..... .3. on the facts alleged by the applicant there can be no doubt that the transaction amounts to a trust. this word is thus defined in section 3 of the indian trusts act:a 'trust' is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by ..... themselves to that effect. as an instance, if a requests 13 to do a thing for him and b by reason of doing that act is subject to some liability, then from a's request to do the act, the law implies a contract by him to indemnify b for the loss.now in the case of contracts, right to indemnity must .....
Tag this Judgment!Court : Chennai
Reported in : (1928)55MLJ213
..... . in the earliest of these, clarke v. stanford (1871) l.r. 6 q.b. 357, the question which arose was whether a carriage which stood on the premises of a railway company to await the arrival of trains, with the object of conveying any passenger who chose to hire it, was plying for hire within the meaning of the metropolitan public carriage ..... would fail.4. we have no doubt that the latter is the correct view. the phrase 'to ply for hire' is used in the english as well as in the indian enactments relating to hackney and stage carriages, and we have been shown no reason why the same signification should not be attached to it in india as in england. our ..... the judgments of the stationary sub-magistrate of mayavaram acquitting the accused in each case of an offence punishable under section 207(a) and schedule viii of the local boards act. under section 166(1) of that actno person shall, on any public road in a district, ply any motor vehicle for hire, or use any such vehicle for carrying .....
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad546
..... be registered, because under section 54 a transaction of sale if in writing has to be registered, is not so registered, it is invalid. as section 50, indian registration act, can only apply to cases where otherwise the prior transaction is valid and could take effect, it follows that in this case there was really no validly completed ..... the decision can be regarded as not offending against established rules of construction of statutes. i am not at all sure that it can be said of the indian legislature that it was not aware of bona fide transferees for value or of the necessity that there was of not allowing persons who obtain property with notice ..... or encumbrance which comes into conflict with the later registered transfer must have been a transfer valid in law. now, referring to the terms of section 50, registration act, the provision we find there is that every document of the kind specified in the section shall, if duly registered, take effect as regards the property comprised therein .....
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