Court : Chennai
Reported in : AIR1918Mad362; 45Ind.Cas.164; (1918)34MLJ421
..... by the next friend would be invalid or contravening the provisions of order 33 rule 3. so far as companies are concerned, the companies act provides for the mode in which the company is to be represented. under section 179 of the indian companies act the liquidator may institute any suit or other legal proceedings in the name and on behalf of the ..... company and under order xxix of the civil procedure code, the principal officer of the company may act in legal proceedings on behalf of the company and may be required ..... 1. the thirumalarayapuram jananukoola dhanasekhara sanka nidhi ltd., which was a company registered under the indian companies act went into liquidation and an official liquidator was appointed. he as liquidator, applied under order 33 of the civil procedure code to file a suit on behalf .....
Tag this Judgment!Court : Chennai
Reported in : (1918)ILR41Mad624
..... next friend would be invalid or contravening the provision of order xxxiii, rule 3. so far as companies are concerned, the companies act provides for the mode in which the company is to be represented. under section 179 of the indian companies act the liquidator may institute any suit or other legal proceedings in the name and on behalf of ..... the company and under order xxix of the civil procedure code the principal officer of the company may act in legal proceedings on behalf of the company and may be ..... kumaraswami sastriyar, j.1. the thirumalarayapuram jananukoola dhanasekhara sangha nidhi (limited), which was a company registered under the indian companies act went into liquidation and an official liquidator was appointed. he as liquidator applied under order xxxiii of the civil procedure code to file a suit .....
Tag this Judgment!Court : Chennai
Reported in : 46Ind.Cas.500; (1918)34MLJ145
..... sum of money involved is not large it has been brought as a test case to this court. the plaintiffs, the clan line steamers ltd., are a company incorporated under the english companies' act having their registered office and their head place of business in glasgow. they own a line of steamers which ply between english ports and the east calling, ..... too absurd to be accepted.9. the last contention on behalf of the municipal council is a highly technical one and is based on that unfortunate section 5 of the indian contrast act. the argument is this: suppose an intending shipper, to forward through ripley and co. a request for cargo space to gordon woodroffe and co. at madras; gordon ..... ) 1 k.b. 222 : 28 t.l.r. 28 only decided, that if the directors of a company transact their financial business within the jurisdiction, it does not avail them that their railway undertaking is situated and carried on outside it. 0' kura v. forsbacka jernverks aktiebolag (1914) 1 k.b. 715 : 30 t.l.r. 242 is a .....
Tag this Judgment!Court : Chennai
Reported in : (1917)33MLJ684
..... his co-trustee, yet the delegation in the regular course of business is not improper, compare sections 47 and 48 of the indian trusts act which state the principles, though they do not apply to the present case. as it is shown that in the ordinary course ..... not given by the lessors or on their behalf. the notice here was given by the plaintiff in his own name. no indian authorities have however been cited to us on the point. the english law as pointed out by the respondent's vakil is that ..... that a monthly tenancy was created between the parties by oral agreement accompanied by possession. under section 106 of the transfer of property act, the presumption is, in the absence of a contract or local usage to the contrary, that the lease is from month to ..... and co. v. halford (1903) 90 l.t. 89. we must adopt this rule unless the indian law under the transfer of property act is clearly different. although the matter is not free from difficulty we are, inclined to think that the provisions of that .....
Tag this Judgment!Court : Chennai
Reported in : 43Ind.Cas.210
..... his co-trustee, yet the delegation in the regular course of business is not improper. compare sections 47 and 43 of the indian trusts act, which state the principles though they do not apply to the present case. as it is shown that in the ordinary course ..... was not given by the lessors or on their behalf. the notice here was given by' the plaintiff in his own name. no indian authorities have, however, been cited to us on the point. the english law, as pointed out by the respondents' vakil, is, ..... that a monthly tenancy was created between the parties by oral agreement accompanied by possession. under section 106 of the transfer of property act, the presumption is, in the absence of a contract or local usage to the contrary, that the lease is from month to ..... co. v. halford (1904) 90 l.t. 89, we must adopt this rule, unless the indian law under the transfer of property act is clearly different. although the matter ii not free from difficulty we are inclined to think that the provisions of that .....
Tag this Judgment!Court : Chennai
Reported in : 43Ind.Cas.31; (1917)33MLJ320
..... nothing in their lordships' judgments to recognise the contention raised for the respondent, and assuming however that this is the correct construction of section 25 of the english act, section 16 (v) of the indian act of 1859 was not appended as a proviso to any previous section but was wholly self-contained, and, in the language of their lordships in lala soni ..... than the english section. none-the-less, the principle which was held to underlie 3 and 4 will 4, c. 27, has a bearing upon the present case. in agency company v. short (1888) l.r. 18 a.c. 793. sir horace davey (afterwards lord justice davey) contended that 'under 3 and 4 will 4, e. 27, the title of ..... a deed of sale, lease or mortgage, or the passing of property or of an interest in property along with possession. it is a well known rule for construing the indian statute of limitation that we must read the first and the third columns together. the first column of article 134 defines the scope of the article as applying to suits .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad583; 39Ind.Cas.995
..... case is whether upon the facts the accused could be said to have kept more than 500 gallons of petroleum on the premises of the railway company, or whether the railway company allowed them to remain there for such reasonable time as would be occupied in the ordinary course of business in removing the tins for the ..... a license granted under this act.'2. the accused is the agent of the asiatic petroleum company at bellary and he received a consignment of 800 tins, each tin consisting of 4 gallons, from his principal company. the consignment arrived on the 12th december 1915 and the accused's clerk presented the railway receipt on the 14th and ..... prosecuion in this ease was under section 15(a) of the indian petroleum act, viii of 1899, which says, whoever, in contravention of this act or any of the rules thereunder, imports, possesses, or transports any petroleum' shall be liable to certain penalties. section 11 of the act says, 'no quantity of petroleum exceeding five hundred gallons shall be .....
Tag this Judgment!Court : Chennai
Reported in : (1918)ILR41Mad709
..... the decisions in dunkirk colliery v. lever (1878) 9 ch. d. 20, and the decision of the house of lords in british westinghouse electric and manufacturing company, limited v. underground electric railways company of london, limited (1912) a.c. 673. in that case lord haldane, l.c., observed:the fundamental basis is thus compensation for pecuniary loss naturally flowing ..... only rs. 100 under the heading (a).14. as stated by my lord in his judgment, the law as to this subject is to be found in the indian contract act, section 73, and in the illustrations thereto. the plaintiffs are, by the section, entitled to have:compensation for the loss or damage caused to them by the breach ..... the proper materials for estimating the damages, and the plaintiffs have appealed. the law as to this subject is to be found in section 73 of the indian contract act and the explanation thereto. under the body of the section the damages are to be those which naturally arise in the usual course of things from the breach .....
Tag this Judgment!Court : Chennai
Reported in : 40Ind.Cas.429
..... fry, sections 175,180, 181, 185, 187, 188, 189, 192, and 210, and 27 halsbury's laws of england, section 141 and notes thereto). bishop of winchester v. mid-hants railway company (1868) 5 eq. 17 : 37 l.j. ch. 64 : 17 l.t. 161 : 16 w.r. 72 was a case of the last class where stuart, v.c. held ..... causes of action against them respectively are, technically, different in form, and the several liabilities alleged against them respectively are to some extent based on different grounds. the indian legislature, however, provided against all difficulties of interpretation by enacting rule 3 in the same words as rule 1. fey section 28 of the old code the right to ..... rahim, j.6. the questions referred depend, in my opinion, for their answer on the provisions of order i of the civil procedure code, and section 27 of the specific relief act. rule 3 of order i, civil procedure code, which is directly applicable is in these words: 'all persons may be joined as defendants against whom any right to relief in .....
Tag this Judgment!Court : Chennai
Reported in : (1917)33MLJ277
..... the copies of correspondence kept in the collector's and taluk offices were not signed but contended that they were not admissible under section 35 of the indian evidence act. we think however that copies of actual letters made in registers of official correspondence kept for reference and record are admissible under section 35 as reports and ..... be handed over to the widow was that she was the sole wife of the zamindar, a statement which was further admissible under section 32 of the indian evidence act as made by a person having special means of knowledge. in any case, these proceedings, he contended were clear evidence that gnanapurani's mother did not ..... evidence being produced by both parties. the oral evidence in the present case is, in my opinion, of very small value. i should not be prepared to act on the assertions of the witnesses for either party except where their testimony is corroborated by the documents on the record or by circumstances established independently13. the zamindar .....
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