Judgment Search Results Home > Cases Phrase: indian railway companies act 1895 Sorted by: recent Court: privy council Page 3 of about 1,263 results (0.017 seconds)

Firm Mangal Chand Banawari Lal Vs. Firm Pyare Lal

Court : Punjab and Haryana

Reported in : AIR1949P& H199

..... a contract which is proved by documentary evidence, but one in which the terms are expressed in writing in the act of making it. the obvious example of a perfectly valid written contract unsigned by either party is a steamship or railway company's ticket containing the printed terms and conditions of the contract. this ticket is not merely evidence of the contract ..... of the decision inasmuch as their lordships were considering a statute which used the same language, that is 'in writing'. it is therefore, hardly necessary to refer to the conflicting indian decisions particularly as many of them were considered by rankin, c.j. and c.c. ghose, j., who held that signature was not required and expressly overruled the decision to .....

Governor-general in Council Vs. Municipal Council

Court : Mumbai

Reported in : (1949)51BOMLR927

..... as 'the railway', to enlarge at its own cost one of its culverts ..... of certain sections of the indian railways act (ix of 1890) is whether in the circumstances of the case and upon a true construction of that act and particularly of the proviso contained in section 11(3)(b) thereof the provincial government of madras had power to issue a requisition to the south indian railway company, which will be referred to ..... reached by the high court, to state their opinion upon it.10. it is necessary to refer to two sections only of the indian railways act, which can conveniently be set out here.11. (1) a railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the .....

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Court : Privy Council

..... to as "the railway," to enlarge at its own cost one of its culverts ..... of certain sections of the railways act (ix [9] of 1890), is whether in the circumstances of the case and upon a true construction of that act and particularly of the proviso contained in s. 11 (3) (b) thereof the provincial government of madras had power to issue a requisition to the south indian railway company, which will be referred ..... reached by the high court, to state their opinion upon it. [10] it is necessary to refer to two sections only of the indian railways act, which can conveniently be set out here. " 11.-(1) a railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the .....

In Re: Swaranath Bhatia

Court : Chennai

Reported in : AIR1948Mad427; (1948)1MLJ219

..... definition of the term ' company.'5. a partnership as defined in the indian partnership act is not a corporate body because it has no existence separate from its members. a body corporate is a juristic person legally authorised to ..... not come within the meaning of the expression ' other body corporate ' in rule 122. the expression ' body corporate ' should be read as ejusdem generis with the word ' company ' and should be applied to such legal entities as a corporation created by a royal charter or a co-operative society or other bodies which do not come within the ..... .w. 5 by the said ram datta for despatch. accordingly, p.w. 5 signed the consignment forms and risk note and the six bales were delivered over to the railway at the salt cotaurs goods shed. on information received p.w. 1, the textile control officer, madras, seized these bales on 4th july, 1946, while they were being .....

Madras and Southern Mahratta Railway Vs. Rupchand Jitaji and Co.

Court : Mumbai

Reported in : (1949)51BOMLR1020a

..... attachment to that effect.opponents nos. 1-3 applied for execution of the said decree and prayed for an order directing the applicant, i.e. m. & s.m. railway company, to withhold rs. 2 every month from the salary of opponent no. 4 until the decree was satisfied on the basis of the consent decree and to remit the same ..... no jurisdiction to pass a decree in terms of the compromise as it offended against the provisions of section 60(i) of the civil procedure code and section 23 of the indian contract act and that the decree was therefore unlawful, and that this question can be gone into even in execution proceedings. he relies upon the ease of lakshmanaswami naidu v. ..... himself out of this statutory provision. such a contract is opposed to public policy and is void under section 6(f) of the transfer of property act and section 23 of the indian contract act, and that the principle of waiver does not apply to the statutory prohibition based on public policy.10. it will be seen that the facts in .....

The Province of Madras, Represented by the Collector of Madras Vs. R.B ...

Court : Chennai

Reported in : (1948)2MLJ423

..... can be no question of waiver and no question of estoppel. even where the central government succeeded to the ownership of a railway company against whom, after proper notice under the indian railways act, a suit had been filed and where the succession was pending the suit, it was held that the suit is not maintainable ..... against the government representing the railway company without fresh notice under section 80--see governor-general of india in council v. raghunandan shenoy : air1947mad64 . in a ..... section 80 of the civil procedure code stating the cause of action has not been given by the plaintiff. the question, therefore, is whether the learned judge acted with material irregularity in the exercise of his jurisdiction in allowing the amendment. the suit as originally framed was based upon the action of the government .....

Commissioner of Income-tax, Madras Vs. V. V. R. N. M. Subbiah Chettiar ...

Court : Chennai

Reported in : [1947]15ITR502(Mad)

..... also followed the above principles in determining the residence in the case of companies and firms for purposes of section 4 (2) of that act : see commissioner of income-tax, madras v ..... the central management and control of a company may be divided, and it may keep house and do business in more than one place; and if so, it may have more than one residence' : seaweeds central railway company ltd. v. thompson.as residence was not defined in the indian income-tax act, 1922, the courts in this country ..... business including the branches outside british india, was exercised both from ramachandrapuram and madras, it may very well be that the principle of the swedish central railway companys case would apply and that the central management of the business as a whole might be apply and that the central management of the business as a .....

The Commissioner of Income-tax Vs. V.V.R.N.M. Subbiah Chettiar

Court : Chennai

Reported in : (1947)2MLJ474

..... followed the above principles in determining the residence in the case of companies and firms for purposes of section 4(2) of that ..... 'the central management and control of a company may be divided and it may ' keep house and do business ' in more than one place and so may have more than one residence.' swedish central railway co. v. thompson (1925) a.c. 495.17. as residence was not defined in the indian income-tax act, 1922, the courts in this country also ..... act. see the commissioner of income-tax, madras v. t. s. firm : (1927) .....

Province of Punjab Vs. Pandit Tara Chand

Court : Mumbai

Reported in : (1947)49BOMLR697

..... persons to whom the indian army act, 1911, or the burma army act applies, or of persons other than commissioned officers to whom the naval discipline act as modified by the indian navy (discipline) act, 1934, applies;(k) * * *(l) any allowance forming part of the emoluments of any servant of the crown or of any servant of a railway company or local authority which ..... time being extends and while he is beyond those limits if he is in receipt of any salary or allowances payable out of his majesty's indian revenues or the funds of a railway company carrying on business in any part of british india or local authority in british india; and the appropriate government or the ..... sale whether before or after they are actually payable, and in the case of salary other than salary of a servant of the crown or a servant of a railway company or local authority the attachable portion thereof is exempt from attachment until it is actually payable.explanation 2.-in clauses (h) and (i) 'salary' means the total .....

Governor-general in Council Vs. Associated Live-stock Farm (India) Ltd ...

Court : Kolkata

Reported in : AIR1948Cal230

..... that principle is applicable in an application for stay of a suit under section 34, arbitration act.10. the london and north western railway company (rates and charges) order confirmation act, 1891 (54 and 55 vic c. ccxxi) schedule section 5 empowered the railway company to charge a reasonable sum, by way of addition to the tonnage rate, for certain ..... great western joint rly v. billington ltd. (1899) 1899 a.c. 79 which was a case governed by a special statute to a case under the indian arbitration act. the special statute took away the jurisdiction of the court completely in reapect of certain disputes and left no discretion to the court. a private arbitration agreement ..... to stay the suit, i respectfully beg to differ from him, for having regard to the provisions of the indian arbitration act for appointment of an arbitrator in place of the appointed arbitrator dying or refusing to act there cannot be said to be any insuperable impediment to arbitration, i do not think, in view of those .....