Court : Chennai
Reported in : (1908)18MLJ349
..... liable to a tax of rs. 350 if their capital exceeds 18 lakhs but does not exceed 20 lakhs of rupees.5. the fund is registered under the indian companies act and has a declared nominal capital of rs. 29,99,976 divided into 357,168 shares of rs. 84 of each.6. these shares cannot be acquired at once ..... nominal capital. it is, therefore, argued that the word capital in schedule v used in regard to companies such as the fund must mean nominal capital. the indian companies act cannot, however, be properly resorted to to determine the meaning of words in the municipal act, for the two acts are not in part materia. (maxwell: interpretation of statutes, 4th edition, page 56). the word ..... contended that the meaning of the word will vary according to the nature of the company which is being taxed.8. it is pointed out that the fund is a company limited by shares such as is contemplated by sections 8 and 45 of the indian companies act vi of 1882 and that in those sections capital is used in the sense of .....
Tag this Judgment!Court : Chennai
Reported in : (1908)18MLJ497
..... us see how these questions have in the meantime been dealt with in india.48. the corresponding indian act is the common carriers act of 1865 based mainly on the english act of 1830. before 1865, there was act 18 of 1854 relating 10 railway companies, and it may be noticed that the right of limiting their liability by private contract even when ..... discharging him from the common law liability there maybe an agreement with a good consideration--see peek v. north staffordshire railway company . i doubt, for the reasons already pointed out, whether this is permissible under the indian contract act. but in any event, it is for the shipowner to offer the alternative rates for the owner to make his ..... (1880) c. 227, and of the bombay high court in kuverji tulsidas v. the great indian peninsular railway company i.l.r (1878) b 109. a shipowner is a bailee within the terms of that section. under section 151 of the act, the defendants, therefore, are bound to take as much care of the goods as a man of .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ385
1. we are of opinion that the test to be applied in cases of this class is correctly laid down in panchena manchu nayar v. gadinhare kumaranchath padmanabhan nayar i.l.r(1896) m. 63, viz., 'to constitute an association within the meaning of the section, the existence of a legal relation between more than twenty persons giving rise to joint rights or obligations or mutual rights and duties is absolutely necessary.'2. applying this test to the instalment in question in the present case we are of opinion that the parties to the instrument are not an association within the meaning of section 4 of the indian companies act, 1882. the organisers of the chit fund in question are described in the instrument as agents, but the terms of the instrument taken as a whole show beyond doubt that they really occupy the position of principals or proprietors.3. the answer to the question referred to us must be in the negative.
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ37
..... appellant. the question is whether he is entitled to recover the amount from the company as held by the subordinate judge, or not, as held by the learned judge in revision.2. neither section 76 of the indian contract act nor the exposition of law in decisions, english or indian, which were referred to in the argument, as to promises to pay specified sums ..... the contractor failed to make punctual delivery in accordance with the terms of the contract and the specification thereto annexed. the contractor having failed to supply duly, the company in june 1901 cancelled the contract and forfeited the sum of its. 850 deposited with them. subsequently, in execution of a decree against the contractor, his right, title and interest, ..... 1. one syed ismal entered into a contract with the respondent, the madras railway company, to supply for a term of 12 months 2 tons of fuel at 200. tons per month at rs. 4 per ton. it was also agreed between the parties that .....
Tag this Judgment!Court : Chennai
Reported in : (1905)15MLJ478
..... that even in the above view the plaintiff is not debarred from seeking relief as shunmugam pillai was not in fact defrauded and our attention was drawn to section 84, indian trusts act. the cases of kearley v. thomson l.r. 24. q. d. 742 and herman v. jeuchner l.r. 15 q.b. d. 561 are clear authorities that ..... to prevent the plaintiff from recovering. in our opinion, this is also the construction to be placed upon the words r'not carried into execution ' in section 84, trusts act. turning to the facts here, we do not find a case when a party to a fraudulent transaction 'relented before anything was done in pursuance of the intended fraud and ..... s son was made to execute a sale deed as in pursuance of a conspiracy to deprive the plaintiff of the land with reference to the provisions of the registration act which gives priority to registered transfers over oral or unregistered transfers in certain circumstances. the court after trial decreed possession to shunmugam, and in doing so, came to the .....
Tag this Judgment!Court : Chennai
Reported in : (1905)15MLJ363
..... widow of the deceased as their next friend. in neither case is there any executor or administrator of the deceased. the suits are brought against the madras railway company for compensation under act xiii of 1855 and were instituted after the expiry of one year from the death of persons referred to. the question is whether the suits are time-barred ..... . the answer to this question must be in the affirmative with reference to art, 21 of schedule it of the indian limitation act unless the bar is saved by the provisions of sections 7 or 8 of the act.2. before proceeding to consider the applicability of those provisions to the cases, it is necessary to see what is ..... that every such action shall be brought within 12 calendar months after the death of such deceased persons' in section 2 of act xiii of 1855 were repealed and article 21 of the second schedule to indian limitation act was introduced, there was an intention to make a real change in the law it is not easy to say. having regard .....
Tag this Judgment!Court : Chennai
Reported in : (1904)14MLJ226
..... distinguished from a rule of law characterising it as a mere matter of practice. to claim for it greater potency, in the face of section 133 of the indian evidence act, would be to introduce an artificial scale of credit; and ' nothing can be more absurd' to borrow from the language of lord denman in king v. harborne ..... doubt that the authorities draw a clear distinction which is referred to and illustrated in the ex-planation to the illustration (1) of section 114 of the indian evidence act and which is well pointed out in the following observation of hill, j.; ' in the application of the rule much depends on the nature of the crime ..... admissible and a conviction is not ' illegal because it proceeds upon the uncorroborated testimony of an accomplice (section 133, indian evidence act).' but the presumption allowed by illustration (b) of section 144 of the evidence act that an accomplice is unworthy of credit unless he is corroborated in material particulars has become a rule of practice of .....
Tag this Judgment!Court : Chennai
Reported in : (1904)14MLJ25
..... in that case the respondents, an english company, were owners of certain lands which they had purchased from the natives. the land was required by the british government for the construction of a railway and was taken possession of and buildings erected thereon in anticipation of the indian land acquisition act being extended to zanzibar by an order ..... in council and the land being duly acquired thereunder. accordingly when the notification under section 6 of the act was duly published, the buildings had been erected on the land. under section 23 of the act the company ..... of section 17 of 21 geo. iii, c. 70, was governed by the hindu or the muhammadan law, as the case may be--the indian contract act not being inconsistent with it in this respect--and that the ruling of the full bench in paramanich's case as to the removal of the buildings .....
Tag this Judgment!Court : Chennai
Reported in : (1904)14MLJ396
..... form approved by the governor-general in council in accordance with section 72 of the indian railway's act, 1890 and has been frequently before the courts in this country. see for example the cases reported in moheswar das v. carter i.l.r. 10 c. 210 tippamma v. southern mahratta railway company i.l.r. 17 b. 417 balaram hun chand v. s.m ..... , viz., that the goods which reached calicut and were delivered to abdul karim were their goods. they failed to do this. section 76 of the indian railways act, no doubt, provides that in a suit against a railway adminis-tration for loss of goods, it shall not be necessary for the plaintiff to prove how the loss was caused. but the plaintiff's case ..... . railway company i.l.r. 19 b. 159 east india company v. bunyal ali i.l.r. 18 .....
Tag this Judgment!Court : Chennai
Reported in : (1903)13MLJ171
..... silent on the matter. it in express terms refers to and preserves the rights of the vadagalais, as ordinary worshippers, to recite the prabandhams even in the company of and jointly with the office-holders, whose duty it is to recite them on such occasions. the attempt on behalf of the prosecution to construe this ..... of the accused, a presumption which is not rebutted by the evidence or by other circumstances connected with the procession.25. as regards the offence under section 296, indian penal code, viz. ' voluntarily causing disturbance to an assembly lawfully engaged in the performance of religious worship and ceremonies' i cannot accept the contention that the tengalais ..... office-holders, by reciting prabandhams as they did, and that they were not therefore guilty of any illegal act so as to bring them within the purview of section 153.4. the charge under section 296 of the indian penal code may now be examined. presumably the object of the section is to secure freedom from molestation .....
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