Court : Chennai
Reported in : AIR1943Mad74; (1942)2MLJ120
..... share certificate. a share is not a tangible thing. it is a share in the share capital of the company and is so denned in section 2 (16) of the indian companies act. consequently it is necessary for a company to issue 'to a shareholder a certificate showing the number of shares which he holds. as shares are goods ..... claims) applies to stocks and shares, and section 28 of the indian companies act states that shares constitute movable property. section 2 (7) of the sale of goods act, 1930, expressly includes shares in the definition given there of 'goods'. before the passing of the sale of goods act, 1930, sales of goods were regulated by the sections comprised ..... 'documents of title' are given the meaning assigned to them in the sale of goods act. section 1 (4) of that act says:document of title to goods' includes a bill of lading, dock-warrant, warehouse-keeper's certificate, wharfinger's certificate, railway receipt, warrant o>r order for the delivery of goods and any other document used .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad111
..... proposition, namely, the legality of the contract is determined by the lex loci contracts. the question in that case was whether the charge levied by the railway company in respect of a carriage of certain packed parcels from boulogne to london was illegal on the ground that under the statute of incorporation they were prohibited ..... sastri. at p. 666 the learned lord observed thus:the case in ashbury railway carriage and iron co., v. riche (1876) l.r. 7 h.l. 653 in this house determines that the true construction of the companies act, 1862, is that the companies incorporated under, it are authorised to treat in the manner authorised by the memorandum ..... constituent on the faith of which his client kothari and sons acted. but he was frank enough to concede that if the bank were one incorporated under the indian companies act, the fact that its officers made the representation would not avail as an estoppel against the company. the concession of mr. venkatarama sastri is correct because the .....
Tag this Judgment!Court : Chennai
Reported in : (1942)2MLJ472
..... provided that the municipal authorities were agreeable. the municipal authorities however, were not agreeable and on the 22nd december, 1936, refused the request of the appellant company for exemption from the obligation to use the municipal bus stand on the ground ,that the starting place for the buses had been fixed by the district superintendent ..... stand, and in his letter ex. i, dated 12th april, 1930 the district superintendent of police suggested the vacant site to the north-east of the palghat railway station as a suitable place for the proposed stand. the council agreed with the district superintendent of police, that the starting place and a stand were desirable. ..... in the explanation to section 270-b, it is stated that 'a cart-stand shall, for the purposes of this act, include a stand for carriages (including motor vehicles within the meaning of the indian motor vehicles act, 1914)'. by the end of 1936, the municipality had acquired the necessary land and had the stand ready. it .....
Tag this Judgment!Court : Chennai
Reported in : AIR1942Mad386; (1942)1MLJ274
..... of any discussion, the judgment cannot be of any great value. the defendant company were apparently acting as carrying agents on behalf of the plaintiff and since the decision turned on the effect of the direction as to the disposal of the sale proceeds in section 56 of the indian railways act, that case can have no application to the present one. learned counsel for ..... not governed by article 30 or 31 of the limitation act. it is true that they agreed with the plaintiff's contention, which was not denied on behalf of the defendant company that the suit would fall under article 62; but in doing so, they did not consider the question whether the railway company were selling the goods for their own benefit or for .....
Tag this Judgment!Court : Chennai
Reported in : AIR1942Mad627; (1942)2MLJ348
somayya, j.1. the south indian railway company filed the suit out of which this second appeal arises for recovery of a sum of rs. 1,243-7-6 as freight due to it and which is alleged ..... in this document, ex. g. the right to recover undercharges by way of a suit is given by section 55, clause 5 of the indian railways act which runs thus:notwithstanding anything in the foregoing sub-sections the railway administration may recover by suit any such rate, terminal or other charge as aforesaid or balance thereof.under clause 1 which is one of the ..... the company has got the right of lien over such goods as well. then clause 5 of the same section says:may recover by suit any such rate, terminal or other charges as aforesaid.the railway administration may recover by suit the sums for which they can detain goods under clause 1. here the railway authorities are entitled under the act and under clause .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR985
..... erection of pillars to carry an electric cable in connection with the electrification of a part of the system of the g.i.p. railway company formed no part of the ordinary work of such company. as the decision turned entirely on facts, it is not necessary to express any opinion as to its correctness. but the court discussed ..... fact which really arose under section 12(1), since to say that, because erecting pillars for an electric cable is no part of the business of a particular railway company, and because building a house is no part of the business of a particular bank, therefore transporting piecegoods to a shop in which they are to be sold ..... indian act is a replica of sub-section (4) of section 6 of the english act, and refers to work undertaken, or usually undertaken, by the principal. however, as i have said, we are not concerned in this case with any question arising under sub-section (4), because it is perfectly plain on the agreement between the selling agents and the mill company .....
Tag this Judgment!Court : Chennai
Reported in : (1941)2MLJ189
..... levy of the tax is legal.2. to understand the questions raised in these suits, certain provisions of the indian railways act and of the madras district municipalities act have to be referred to. under the indian law, railway companies are not liable to pay any tax to any local authority unless the governor-general in council notifies under section ..... 135 of the indian railways act that the railway company is liable to pay and the railway company is then bound to pay the taxes mentioned in the notification. in this case a notification was issued on 14th february, 1929, ..... they pointed out by ex. e-3 dated 25th march, 1932 that it was open to the railway company to appeal to the collector under section 135(2) of the indian railways act. representations to the local government and the railway board proved infructuous and these suits were then filed objecting to the levy of the tax on .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal319
..... usually constructed under the authority conferred upon a railway company by a special act of parliament, but such special acts are deemed to embody the provisions of certain consolidated acts relating to railways such as the railway clauses consolidation act of 1845, upon which the provisions of the indian railways act of 1890 are largely based. the position as regards indian railways, which have been constructed under the control of the central government ..... or the native state, and, in the case of a railway administered by a railway company, means the 'railway company.' this section appears to mean that the manager of a state railway will represent that railway to the same extent as the company represents a railway administered by that company. in the later sections of the act, the functions of the 'railway administration' are described in considerable detail. according to the general .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal625
..... an almshouse with a garden in front on land purchased by them. before the building was completed a railway company required to take under the lands clauses consolidation act a portion of the land which it was proposed to lay out as a garden. it was ..... . of state ('89) 11 all 378 was referred to, and in which it was pointed out that the indian act, 10 of 1870 and the english act did not contain a clause similar to that in section 49, which was inserted to meet such decisions as that ..... by the south of the pink land.18. in support of the rule it has been argued that 'owner' in the indian act implies the entire bundle of rights constituting absolute ownership. it would be hazardous to accept this contention in its entirety. in india ..... blindly adopted in relation to section 49 regardless of the conditions of landholding in this country and of the special facts of individual indian cases. reference should also be made in this connexion to the case in secy. of state v. narayana. swami chettiar (32 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom100; (1941)43BOMLR99
..... , poona.5. the n.e.d. civil engineering college, karachi.6. all electric supply companies.7. all factories within the meaning of the indian factories act, 1911 (xii of 1911).8. the royal indian navy dockyard, bombay.9. railways other than state railways.provided that in the case of bodies referred to at items 7, 8 and 9 above, ..... a notification dated march 27, 1937, which was as follows:--in exercise of the powers conferred by section 37 of the indian electricity act, 1910 (ix of 1910), and in supersession of the indian electricity rules, 1922, the governor-general in council is pleased after previous publication to make the following rules applicable to the ..... bombay in two connected cases in which one raghunath ramchandra karlekar, licensee and proprietor of an electric supply company at ilkal in the bijapur district, was prosecuted for an alleged breach of rule 48 of the indian electricity rules, 1937, and was acquitted by the magistrate.2. there is no dispute about the facts of .....
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