Court : Orissa
Reported in : AIR1963Ori1
ORDERS. Barman, J.1. This is an application by the State of Orissa as share-holder of the Mayurbhanj Spinning & Weaving Mills Ltd. (hereinafter referred to as the Company) for winding up of the said company under Section 433 (c) and (f) of the Indian Companies Act, 1956, on the grounds that the Company has not commenced its business within a year from its incorporation and that it is just and equitable that the Company should be wound up, in the circumstances hereinafter stated:2. The ex-State of Mayurbhanj (since merged in the State of Orissa) had a scheme for the establishment of a cotton and textile Mill with capacity of 25,000 spindles and 500 looms in the State, and they appointed Indo-Swiss Trading Co.Ltd. Calcutta as promoters of the proposed cotton mill. The company was incorporated as the Public Limited Company in May 1947. There was also an agreement with the Indo Swiss Trading Co. Ltd. that they would be the managing agents of the new mill company. On June 14, 1947 the Mahar...
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori8
Narasimham, C.J.1. This is an application under Article 226 of the Constitution against the order of the Deputy Commissioner, Sambalpur, No. 4134 dated 22-11-56 dismissing the petitioner from Government service. An appeal was filed before the State Government which was unsuccessful.2. The petitioner entered the office of the Deputy Commissioner, Sambalpur in a clerical capacity and was, in due course confirmed in that post. On 4 7-47 he was appointed Inspector of Supplies (Enforcement) with retrospective effect from 24th March 1947 by an order signed by the Assistant Secretary to the Government of Orissa in the Department of Supply and Transport (See annexure A). He was however attached to the Supply Branch of the Office of the Deputy Commissioner at Sambalpur.On 28-5-51 proceedings were drawn up against him in respect of 8 charges (Annexure B) and he was called upon to show cause why suitable disciplinary action may not be taken against him. He showed cause but without holding a regul...
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori37; 28(1962)CLT343
Narasimham, C.J.1. This is an appeal from an order under Section 53 of the Provincial insolvency Act, 1920 passed by the District Judge of Ganjam rejecting an application made by a Receiver of the Estate of the Insovent for annulling eight sale deeds said to have been executed by the insolvent in favour of some transferees. The two respondents who are brothers were adjudged insolvents on the application of some of the creditors filed under Sections 9(1) and 13(2) of the aforesaid Act on 14-9-55. The order of adjudication was passed on 14-7-1956, and one Satyanarayan Padhy was appointed Receiver to take charge of the Insolvents' estate. The application for annulling the alienations was filed by the Receiver on 8-5-57 Eight different applications were filed in respect of eight alienations but they were all heard together. The first two alienations are dated 15-10-54 and 7-1-55 in favour of Sita Devi and Abhiram Das. These appear to be isolated transactions and Mr. D. Mohanty for the appe...
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori41
Narasimham, C.J.1. This is an appeal from the judgment of the Subordinate Judge of Baripada (Mayurbhanj) dismissing a claim made by the plaintiff appellants against the South Eastern Railway for damages on account of the loss sustained by him when a consignment of 660 tins of Mahua oil and 36 tins of castor oil was booked for him from Naini railway station in the Northern Railway to Rairangpur in South Eastern Railway under invoice No. 2 and R/R No. 175250 dated 22-4-58. It is an admitted fact that these tins were loaded in the wagon at Naini station by the consignor himself, Straw was spread on the floor of the wagon and the tins were packed and tied with rope. But, when the consignment reached Rairangpur on 20-8-58 it was found that several tins had fallen on the floor of the wagon, some of the lids of the mouth of the tins had given way and oil had leaked extensively. Open delivery was taken and it was noticed that 128 tins were found practically empty while another 160 tins were fo...
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori66
Narasimham, C.J. 1. This is an appeal from the judgment of the Second Additional Subordinate Judge, Cuttack, decreeing the respondent-plaintiff's suit for recovery of the price of certain goods that were lost in trans-sit while in the custody of the Railway administration. 2. Twenty bales of cotton yarn booked from Ambasamudram in the Southern Railway, for the respondent on 28-11-52, for delivery at Cuttack railway station under R/R No. 60/5 and Invoice No. 8 of that date. When the consignment reached Cuttack it was found that six bales were completely missing and some of the remaining bales appeared to have been tampered with and re-sewn to a size smaller than that of the other bales. The respondent therefore took open delivery on 9-1-53 and note about the missing of six bales and short delivery of some of the remaining bales was made by the Station Master Cuttack Railway Station. The respondent, therefore, claimed damages from the Railway Administration basing his claim on the price ...
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori54
Narasimham, C.J.1. These two appeals arise out of the judgment of the learned Second additional Subordinate Judge, Cuttack, decreeing with costs a suit brought by the respondent for recovery of damages from the Railway administration for non-delivery of certain goods that were booked from Surareddipalayam on the Southern Railway on 10-12-52. The defence of the Railway Administration was that the consignment was looted by a riotous mob at Bezwada Railway Station on 16-12-52 when, due to the death, by fasting, of the well known Andhra Leader Poti Sriramulu in Madras, in connection with the formation of a Andhra Province, there was an agitation and commotion in several parts of Andhra territory including Bezwada Railway Station. The Railway administration examined some of the members of its staff at Bezwada Railway Station, to show that the loss of the consignment took place at Bezwada Railway Station on 16-12-52. Thus D. W. 1 stated that the consignment in question was kept in wagon No. ...
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