Court : Chennai
Reported in : AIR1925Mad949; 85Ind.Cas.1003
..... determination in this case is whether the plaintiff has succeeded in proving that the loss of the suit bale was caused by the wilful neglect of the railway company, or its servants. it has ..... the seals was broken. i do not think there is any evidence to support the finding of the subordinate judge that it was the wilful neglect of the railway company that caused the loss of the plaintiff's bale of yarn. since there is no evidence to support the finding, i set aside the decree of the ..... for the respondent that the defendant must prove that there was no wilful neglect on the part of the railway administration or its servants; or no theft by the railway servants, and reliance was placed on section 76 of the indian railways act, but no authority directly supporting the argument was placed before me.3. the only question, therefore, for .....
Tag this Judgment!Court : Chennai
Reported in : AIR1925Mad177; 85Ind.Cas.261; (1924)47MLJ833
..... the original contract itself, then the stipulation is one by way of penalty. a comparison and consideration of the two illustrations (f) and (g) to section 74 of the indian contract act would, it seems to me, yield to us the real principle to be applied in such case. at first sight, it may seem that there is no reason why if ..... is no doubt that the case has been always cited and aecepted only as an authority for the position set out in illustration (f) to section 74 of the indian contract act. the learned lords dealt with the case on the footing that the amounts secured by the bond were debita in praesenti although solvenda in futuro and the lord chancellor at ..... instalments.' for some reason best known, i dare say to the learned vakil for the appellant, perhaps having regard to the terms of explanation i to section 74 of the indian contract act, he did not argue that the provision with regard to the payment of interest at the rate of 2 per cent. per mensem or 24 per cent. per annum .....
Tag this Judgment!Court : Chennai
Reported in : 83Ind.Cas.94
..... up shares before the actual allotment was made on. the 14th july is not a valid contention. apart from rule 93 of the articles of association, the indian companies act makes it obligatory on a signatory to the memorandum of association to be responsible for the shares which are shown as being his in the memorandum of association. ..... section 6 (3) of the indian companies act requires that each subscriber shall write opposite to his name the number of shares he takes. by section 30 those who sign the memorandum of association of ..... shares by shareholders; but this power which is an unusual power, granting that it is valid, is subject to restrictions: table a of the indian companies act does not contain any clause empowering any company to accept surrender of shares. the indian companies act permits forfeiture of shares on certain grounds; but to give an unlimited or wide power to a .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad703
..... up shares before the actual allotment was made on the 14th july is not a valid contention. apart, from rule 93 of the articles of association, the indian companies act makes it obligatory on a signatory to the memorandum of association to be responsible for the shares, which are shown as being his in the memorandum of association. ..... section 6(3) of the indian companies act requires that each subscriber shall write opposite to his name the number of shares he takes. by section 30, those who sign the memorandum of association of ..... by share-holders; bat this power which is an unusual power, granting that it is valid, is subject to restrictions. table a of the indian companies act does not contain any clause, empowering any company to accept surrender of shares. the indian companies act permits forfeiture of shares on certain grounds; but to give an unlimited or wide power to a .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad567
..... suit in which the respondent, the consignee of a bale of cotton thread entrusted for transport to the south indian railway company, sued the company for rs. 470 damages for the loss of the said bale in transit. the bale was entrusted to the railway company on 2-4-1919. nothing has been heard of it since and there can be no possible doubt ..... ex. i?4. another point taken by the learned vakil for the petitioner relates to the question of notice. this is governed by sections 77 and 140 of the railways act, ix of 1890. the former provides that a person entitled to compensation for loss of goods can only recover it if his claim has been preferred in writing by ..... though the bale is alleged to have been lost on 2nd april.7. then as regards the question whether proper notice had been given to the company of the claim under section 77 of the railways act, the section only requires that notice should be given to the administration. as a matter of convenience, section 140 lays down that the notice may .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad604; (1924)46MLJ298
..... res judicata as between two co-defendants when they litigate against one another subsequently. that doctrine while recognised is strictly circumscribed both by the english and by the indian law. the locus classicus is the judgment of vice-chancellor wigram in cottingham v. earl of shrewsbury 3 hare 627. 1, where he says this: 'if a ..... co-defendants, the co-defendants will not be bound as between each other by any proceeding which may be necessary only to the decree the plaintiff obtains.' that principle was acted on and carried out in ramaswami aiyar v. ponnuswami (1922) mwn 526, a letters patent appeal, where a bench of three judges--the present chief justice, oldfield, j ..... of such a thing here and we must therefore hold that the judgment of the appellate court in the former insolvency petition, no. 62 of 1915, does not so act in this case, and as the learned chief justice points out, it may very well be that, even supposing that this lady was consciously intermeddling in these somewhat .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad487
..... of the sub-divisional magistrate of trichinopoly, acquitting accused nos. 2 to 5, who were charged before him, under section 55(1) of madras act (v of 1920) and section 109, indian penal code. the magistrate was wrong in saying that be acquitted the accused under section 245, criminal procedure code. what he really did was to refuse to ..... called in aid; and that such abetment is chargeable and punishable only under section 171-d and not under section 55(1) of madras act v of 1920, read with section 40, indian penal code and that since petitioner has not obtained the authority of government, requisite under section 196, criminal procedure code, for a prosecution under section 171 ..... the thing abetted is an offence; and the thing abetted here is made an offence by the second paragraph to section 40, indian penal code. section 26 of the general clauses act shows that an act may constitute an offence under two or more enactments. in probodh chandra v. corporation of calcutta 24 c.w.n. 196, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad420
..... rs. 3,000 a month or upwards, carrying on business as a company, etc, etc.23. the word 'company' is defined in the act as meaning:a company registered under the indian companies' act, 1883, or under the acts of parliament, known under the collective title of the companies' acts, incorporated by an act of parliament, or of the governor-general in council, or by royal ..... to the merits.43. earl cairns gives the reason for a strict construction of taxing acts in the following terms in pryce v. monmouthshire canal and railway co. (1878) 4 a.c. 197:my lords, the oases which have decided that taxing acts are to be construed with strictness and that no payment is to be exacted from the ..... subject, which is not dearly and unequivocally required by act of parliament to be made, probably meant .....
Tag this Judgment!Court : Chennai
Reported in : 79Ind.Cas.928; (1924)46MLJ217
..... nominal capital is usually expressed in the currency of some other country. i am not sure that there would be anything illegal or impossible in an indian company registering itself under the act with its capital in pounds or francs, and if it could do so, it would, under the construction contended for, escape the tax. if it ..... had been intended by the legislature to tax only indian companies with a rupee denomination of capital, the natural place for such limitation would have been in the ..... the section and the rule which we are asked to construe. to my mind, to hold that the legislative body which passed this act could have intended to discriminate against indigenous companies in favour of foreign companies, because that would be the inevitable result of the construction contended for, is one that is incapable of, argument. mr. grant .....
Tag this Judgment!Court : Chennai
Reported in : (1924)ILR47Mad262
..... nominal capital is usually expressed in the currency of some other country. i am not sure that there would be anything illegal or impossible in an indian company registering itself under the act with its capital in pounds or francs, and if it could do so, it would, under the construction contended for, escape the tax. if it ..... had been intended by the legislature to tax only indian companies with a rupee denomination of capital, the natural place for such limitation would have been in the section ..... section and the rule which we are asked to construe. to my mind, to hold that the legislative body which passed this act could have intended to discriminate against indigenous companies in favour of foreign companies, because that would be the inevitable result of the construction contended for, is one that is incapable of argument. mr. grant has .....
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