Court : Chennai
Reported in : 57Ind.Cas.62
..... cannot be regarded as inadvertent or without significance, and there are in clauses 6, 10 and 11 duties to the owner imposed on the hirer for the preservation and insurance of the property and in clauses 7 and 8 prohibitions against parting with possession of or incumbering it, which are difficult, if not impossible, to reconcile with plaintiff ..... the time limited. in other words, no title was to vest in the plaintiff until the whole consideration was paid. in this view section 78 of the contract act cannot affect the respondent. that section only controls cases where there has been a concluded sale and 'the parties agree, expressly or by implication, that the payment of ..... hire-purchase or, to speak with more exactitude, one of hire with an option of purchase, not yet exercised by the payment of the last instalment agreed on.4. plaintiff, failing in his main contention, has objected to the dismissal in toto of his suit by the lower appellate court, contending that he should have been allowed .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad199; 60Ind.Cas.239; (1920)39MLJ391
..... divide it among his daughters in the event which happened. both these cases proceeded on the footing that under the contract the insurance money was not the absolute property of the subscriber, north j. observing in the latter case that he had a contingent interest ..... a decision on the construction of section 15 of the friendly societies act, 1875, and is of no assistance. in ashby v. costin (1888) 21 q.b.d. 401 the action was in respect of the insurance money which had been paid to the defendant by an unregistered ..... so in what circumstances. that is a question on which judicial opinion has differed : see itti panku menon v. dharman achan. 4 m.l.j. 193 the general rule is that a stranger to a contract cannot take any rights under it and cannot enforce ..... to receive the deposit is in the 2nd defendant the heir of the deceased and not in the plaintiffs, the nominees under exhibit ii.4. mr. t.r. venkatarama sastri in support of the appellants claim relied on ashby v. costin (1892) 8 ch. 63 and .....
Tag this Judgment!Court : Chennai
Reported in : (1920)39MLJ233
..... close proximity to the bales of piece-goods which were stored in large quantities in the room. mr. waddell, the agent for the insurance company which has paid the defendant's claim on the goods gave evidence that piecegoods tightly packed in bales are not more inflammable than ..... his three wives and two servants. in october 1917 piece-goods were stored in a room opening into the kudam and the goods were insured, but the policy did not take effect until the first premium was paid in december. late in december the muhammadan and his family ..... the defendant's clerk as found. the folly of the man's act was so great as, when coupled with the facts that the goods in the room belonging to his master had been heavily insured and that the dubash and his family who had been living in the ..... the lessee or his servants or agents, he is bound to make it good within three months after notice to him.4. fire comes within the term ' irreistible force' and if the injury to the property in suit had been caused by .....
Tag this Judgment!Court : Chennai
Reported in : (1920)39MLJ319
..... well as to objections to the list of voters.14. an argument has been drawn from the analogy of the district municipalities act (madras act iv of 1884). in that act an additional clause was aided to section 250 by the amending act iii of 1897 by which the words 'the conduct of inquiries relating to elections ' were added. from the fact that ..... robert fisher v. secretary of state for india-in-council i.l.r(1898) . mad. 270 that section 42 of the specific relief act is not exhaustive, of the declaratory suits entertainable by civil courts.4. the next point which i shall consider is point (1) viz., whether the powers given by sections 16 and 144 of the local ..... nature viz., the setting up of an exclusive tribunal to inquire into objections to elections. this local boards act, v of 1884, was passed in the same year as the district municipalities act, iv of 1884. section 250, clause (la) of that act provides for the making of rules similar to those enacted in the provisions of section 144, (la) of .....
Tag this Judgment!Court : Chennai
Reported in : 60Ind.Cas.1003
..... without any force. the petition is, therefore, dismissed.ayling, j.3. the petitioners in this case were convicted of an offences under section 189, district municipalities act (mad. act iv of 1884) and their convection confirmed on appeal. we are asked to sat it aside on the total ground that the case was not instituted as required by ..... the ex office chairman of the municipality of tiruppathur and he, by an order, exhibit d. dated 30th january 1919, authorised, under section 32, sub-section (4), of the act. mr. a.n. ardbanari aiyar, a municipal councilors, to exercise all the powers conferred, and to perform all the duties imposed, on the chairman by the said ..... , or by a person expressly authorised in this behalf by the municipal council, or the chairman.4. the case was admittedly instituted not by the chairman, but by the chairman delegate vide definition in section 32(4) of the act. the delegation in exhibit d it authoresses the chairman delegate to exercise all the powers conferred and .....
Tag this Judgment!Court : Chennai
Reported in : 60Ind.Cas.69; (1920)39MLJ577
..... , lewin's case 15 s.j. 828).7. in that case the directors of albert company entered into an agreement with one mr. lewin that he should act as an agent for the insurance company on a salary of 250 with a commission of ten per cent, on the renewal premiums on all policies effected through him and in case of his ..... claiming. as a matter of fact subsequent premia on original policies are renewals and are called renewals in the books of this company, and are known as renewals in ordinary insurance parlance. when, therefore, the bench distinguishes the other madras cases on the ground that they deal with the agent's right to commission on payments made in consequence of renewals ..... , j and their lordships held that in the absence of any special agreement for such payment the agreement must be treatad as binding only as long as the agency lasted.4. another suit was filed on the original side of the high court in 1903, o.s. no. 175 of 1903. in that suit the plaintiffs who were the head madras .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad67; (1921)40MLJ57
..... where freight in advance is paid to the shipowner, it is his absolutely and is irrecoverable under any circumstances by the shipper of the goods : vide allison v. bristol marine insurance co. (1876) 1 app. cas. 209. this is not disputed by the learned vakil for appellants. appellants could not recover any portion of the freight already paid, if delivery of ..... to that they are entitled to retain the advance freight even although the voyage is stopped by the loss of the ship and the goods never reached the consignee. clause 4 of the bill of lading provides that the shipowners shall have the option of transhipping the goods to another ship of their own or of a different line. but the ..... claimed. this would be so even apart from any special terms of the bills of lading : but i agree with the subordinate judge, that the requisitioning the ship is an 'act of rulers' which is specially provided for in clause 3 of the bill of lading and for which defendants are specifically exempted from liability .....
Tag this Judgment!Court : Chennai
Reported in : (1921)ILR44Mad47
..... the district magistrate himself, because he refused to revoke the sanction granted by the second-class magistrate. the learned sessions judge evidently thought that the second-class magistrate did not act upon sufficient materials, because the statements alleged to have been made before the police had not been legally proved to have been so made; so, he took the statement of ..... to take fresh evidence itself as such power is granted to an appellate court only under section 428, criminal procedure code, in cases falling under the chapter in which section 428 occurs.4. i am myself inclined to hold (1) that the application to the appellate court to revoke or grant a sanction granted or refused is not an appeal, but an original .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad453; 61Ind.Cas.228
..... the district magistrate himself, because he refused to revoke the sanction granted by the second class magistrate. the learned sessions judge evidently thought that the second class magistrate did not act upon sufficient materials because the statements alleged to have been made before the police had not been legally proved to have been so made, so, he took the statement of ..... acquitted and the learned judge in that case having held that a substantial portion of the case was concocted and eyewitnesses substituted, that is not a fit case for sanction.4. as regards the first point, the cases in rama aiyar v. venkatachala padoyachi 30 m. 311 and krishna reddy v. emperor 5 ind. cas. 881 do seem to contain observations .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad298; (1921)40MLJ560
..... when the question for decision is whether a tax paid outside british india can be taken into consideration in asesssing income-tax in british india. in the scottish etc., insurance company v. new zealand land company 83 l.j. rep. (p.c.) 230 the question was whether the preference shareholders of a company registered in the united ..... eastern extension australasia and china telegraph company limited which is incorporated in england and has branches in india and elsewhere is under section 33 of the income tax act and the rules framed thereunder entitled to deduct from the assessable profits excess profits duty payable in england and income tax payable in england and stations outside british ..... may be assumed for purposes of income tax to bear the same proportion to the total profits of the company as its receipts bear to the total receipts '.4. the total profits of the company will be the profits made in british india and also outside british india and so far as the profits made in india .....
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