Court : Chennai
Reported in : (1900)10MLJ401
..... the meaning of the word company and therefore it must denote companies incorporated not for purposes of gain as well as ordinary trading companies. it is said that the act was amended in consequence of the decisio in corporation of calcutta v. standard marine insurance company (1896) a.c. 325 which apparently turned on the language of an ..... the legislature is in our opinion so doubtful that we are unable to say, with the certainty requisite in cases where taxation is involved, that c6mpanies carrying on the business of insurance are liable to be taxed under the act.3. if there is any doub as to that question, there is certainly none as to the question whether this particular ..... attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act, the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of law has in our opinion no bearing whatever on the question where a man's trade or business is carried on .....
Tag this Judgment!Court : Chennai
Reported in : (1901)ILR24Mad205
..... be so, and it is true that this court in municipal council, cocanada, v. royal insurance company, liverpool i.l.r. 21 mad. 5, considered that an effective amendment of the act had been made. but we cannot suppose that the learned judges intended to decide authoritatively a point which was in no way before them. the meaning of the legislature ..... is in our opinion so doubtful that we are unable to say with the certainty requisite in cases where taxation is involved that companies carrying on the business of insurance are liable to be taxed under the act.3. if there is any doubt as to that question, there is certainly none as to the question whether this ..... an attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of law has, in our opinion, no bearing whatever on the question where a man's trade or business is carried .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ208
..... this together with certain abuses which had occurred in regard to the levy of the tax on government buildings and lands, led the legislature to pass act xi of 1881, the municipal taxation act already referred to, by which the governor-general in council was empowered to prohibit the levy of any specified municipal tax payable (1) by military ..... town duties appears to be intelligible enough, and to be in accordance with the general policy of the supreme indian legislature as indicated by the municipal taxation act, 1881. under this act, government has, the power to prohibit the levy pf the tax if it sees fit to do so; but to hold that the legislature when ..... exclusively in the governor-general in council. section 43 of that act defined the powers of the indian legislature as follows:and be it enacted that the said governor-general in council shall have power to make laws and regulations for repealing, amending or altering any laws or regulations whatever, now in force, or hereafter to be in .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad457
..... this, together with certain abuses which had occurred in regard to the levy of the tax on government buildings and lands, led the legislature to pass act xi of 1881, the municipal taxation act already referred to, by which the governor-general in council was empowered to prohibit the levy of any specified municipal tax payable (1) by military ..... town duties appears to be intelligible enough, and to be in accordance. with the general policy of the supreme indian legislature as indicated by the municipal taxation act, 1881. under this act, government has the power to prohibit the levy of the tax if it sees fit to do so; but to hold that the legislature when ..... exclusively in the governor-general in council. section 43 of that act defined the powers of the indian legislature as follows:and be it enacted that the said governor-general in council shall have power to make laws and regulations for repealing, amending or altering any laws or regulations whatever, now in force, or hereafter to be in .....
Tag this Judgment!Court : Chennai
Reported in : (1911)21MLJ202
..... law as a lease. apart, however, from there being nothing in the section which requires the signature of the lessor, the last sentence in section 4 of the transfer of property act, namely, that section 107 shall be read as supplemental to the indian registration act, seems to me a strong argument the other way. this clause was introduced by the amending act ..... iii of 1885. the object of the amendment was not merely to make this and the other ..... sections referred to in that clause supplemental to section 17 of the registration act iii of 1877, making .....
Tag this Judgment!Court : Chennai
Reported in : (1912)22MLJ490
..... clause 26 of the letters patent, there can, in my opinion be no doubt that it is unsustainable. the conviction of the accused was under the criminal law amendment act, xiv of 1908. that statute entitles the governor-general in council or the local government to direct the at the special procedure prescribed therein should apply to the ..... crown has taken the preliminary objection that article 26 of the letters patent has no application to a case tried in accordance with the provisions of the indian criminal law amendment act and we have therefore no jurisdiction to review the case. that article must be considered in connection with articles 22, 23, 24 and 25. article 22 ..... for the purpose of seeing whether or not the remaining evidence justified the decision of the jury. in the present case under section 11(3) of the criminal law amendment act, 1908, the decision is that of the majority of the court, and the reasons for that decision have been given in a most careful and elaborate judgment. .....
Tag this Judgment!Court : Chennai
Reported in : (1912)ILR35Mad397
..... clause 26 of the letters patent, there can, in my opinion, be no doubt that it is unsustainable. the conviction of the accused was under the criminal law amendment act, xiv of 1908. that statute entitles the governor-general in council or the local government to direct that the special procedure prescribed therein should apply to the proceedings ..... has taken she preliminary objection that article 26 of the letters patent has no application to a case tried in accordance with the provisions of the indian criminal law amendment act and we have therefore no jurisdiction to review the case that article must be considered in connection with articles 22, 23, 24 and 25. article 22 ..... the purpose of seeing whether or not the remaining evidence justified the decision of the jury. in the present case under section 11 (3) of the criminal law amendment act, 1908, the decision is that of the majority of the court, and the reasons for that decision have been given in a most careful and elaborate judgment. .....
Tag this Judgment!Court : Chennai
Reported in : 14Ind.Cas.896
..... clause 26 of the letters patent, there can, in my opinion, be no doubt that it is unsustainable. the conviction of the accused was under the criminal law amendment act, xiv of 1908. that statute entitles the governor-general in council or the local government to direct that the special procedure prescribed therein should apply to the ..... crown, has taken the preliminary objection that article 26 of the letters patent has no application to a case tried in accordance with the provisions of the indian criminal law amendment act and we have, therefore, no jurisdiction to review the case. that article must be considered in connection with articles 22, 23, 24, and 25. article ..... for the purpose of seeing whether or not the remaining evidence justified the decision of the jury. in the present case under section 11(3) of the criminal law amendment act, 1908, the decision is that of the majority of the court, and the reasons for that decision have been given in a most careful and elaborate judgment. .....
Tag this Judgment!Court : Chennai
Reported in : (1916)30MLJ207
..... cause court judge as if it was the verdict of a jury and then concludes by stating that on an application under section 38 (section 37 of act 15 of 1882 before its amendment in 1895) the small cause court cannot interfere with the finding of fact of the trial judge unless the finding was such as no reasonable jury ought ..... unless an appeal or revision or a review is provided for by any of the remaining sections (38, 39 or 40 of the chapter) or by any other law (like the charter act), there shall be no such appeal, revision or review of a decree or order of the presidency small cause court. again the phrase 'new trials and appeals' ..... small cause court sitting together to decide an application made by the plaintiff under section 38 in a contested suit having differed in their opinions on the two questions of law mentioned in the referring statement. mr. osborne for the defendants has taken the preliminary objection that the reference is incompetent as the three learned judges could not be said .....
Tag this Judgment!Court : Chennai
Reported in : 33Ind.Cas.929
..... cause court judge as if it was the verdict of a jury and then concludes by stating that on an application under section 38 (section 37 of act xv of 1882 before its amendment in 1895) the small cause court cannot interfere with the finding of fact of the trial judge unless the finding was such as no reasonable jury ought ..... unless an appeal or revision or a review is provided for by any of the remaining sections (38, 39 or 40 of the chapter) or by any other law (like the charter act), there shall be no such appeal, review of a decree or order of the presidency small cause court. again the phrase 'new trials and appeals' seems to ..... cause court, sitting together to decide an application made by the plaintiff under section 38 in a contested suit, having differed in their opinions on the two questions of law mentioned in the referring statement. mr. osborne for the defendants has taken the preliminary objection that the reference is incompetent as the three learned judges could not be said .....
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