Court : Orissa
Decided on : May-02-1968
Reported in : AIR1968Ori181; 34(1968)CLT1195
..... court reported in c. singara mudaliar v. m. govindaswami chetty, air 1928 mad 400 where it was held that no court would permit a plaint to be so amended as to oust its own jurisdiction, this decision was followed by the andhra pradesh high court in edupuganti raghavendra rao memorial high school committee gudlavalleru v. p. atchayya, ..... the purpose of jurisdiction as the valuation for the purpose of court fee which is just contrary to the principles embodied in section 8 of the suits valuation act, if the learned judges of the madras and andhra pradesh high courts intended the rulings laid down in those cases to be of general application and not confined ..... jurisdiction dependent upon the value as determinable for computation of court-fees. the computation of court-fees in suits falling under section 7(iv) of the court-fees act depends upon the valuation that the plaintiff makes in respect of his claim. once the plaintiff exercises his option and values his claim for the purpose of court-fees .....
Tag this Judgment!Court : Orissa
Decided on : Oct-30-1968
Reported in : AIR1969Ori91
..... safeguard so far as the share-holders are concerned is afforded by sub-section (2a) newly added by sec. 15 of the companies (amendment) act, 1965 to section 149 of the companies act whereby before actually commencing any new business the company has to get the approval of the general body of share-holders. that would give ..... (v) to amalgamate, enter into partnership or into any arrangement for sharing profits, union of interests, co-operation, joint venture or reciprocal concession, or for limiting competition with any person, firm or body corporate whether in india or outside carrying on or engaged in, or about to carry on or engage in any business or ..... 1966 at its registered office after due notice dated 18th june, 1966 (annexure 'c') sent to the members of the company as provided under the act, it was resolved unanimously to amend clause 3 (10) (viii) of the company's memorandum of association by incorporating there in the words and terms 'political' and 'national and political .....
Tag this Judgment!Court : Orissa
Decided on : Jul-17-1968
Reported in : AIR1969Ori37; 34(1968)CLT1026; (1969)IILLJ308Ori
..... age of 55 years. in 1965, the rule was further amended and in fact completely recast in that besides introducing the clause relating to action being taken in the 'public interest', it was for the first time that ..... that the approval of the central government was to be taken and three months' prior notice in writing was to be given. subsequently, in 1963 by an amendment the said provision was amplified in that the notice could be given at any time provided the officer had completed 30 years qualifying service or has attained the ..... or in any way in conflict with the statutory rules made under the all india services act. these instructions are for the guidance of the state government while making recommendations to the central government. it is true that the government cannot amend or supresede statutory rules by administrative instructions, but if the rules are silent on any particular .....
Tag this Judgment!Court : Orissa
Decided on : Mar-11-1968
Reported in : AIR1968Ori148a; 34(1968)CLT420; 1968CriLJ1096
..... used for interpreting the legislation if the words used are clear enough we shall deal with this aspect presently while interpreting section 13(2) of the act as amended by the amendment act of 1952 (act 61 of 1952).22. in support of his contention the petitione. also relied on a certain observation in a decision of the patna high court karamvir ..... of a detention order shall not bar the making of a fresh order of detention under section 3 against the same person.'by section 11 of the second amendment act of 1952 (act 61 of 1952), for section 13(2) the following sub-section was substituted:'the revocation or expiry of detention shall not bar the making of a fresh ..... facts arising after the date of revocation or expiry of the last detention order. the petitioner's point is that the intention of the legislature in enacting the second amendment act was to completely recast section 13 (2) so as to make it clear that a fresh detention order could be passed against a person only (and not otherwise .....
Tag this Judgment!Court : Orissa
Decided on : Jan-08-1968
Reported in : AIR1968Ori99; 34(1968)CLT328
..... mere speculation and make-shift calculation.it is to be further noted that the original election petition was allowed to be amended. the petition was filed on 7-4-67 while the trial began on 27-9-67 about 5.1/2 months after ..... the petitioner could have filed an amendment application to plead the aforesaid facts so as not to take the respondent by surprise merely at the stage of evidence. ..... it was expressly stated that he did not resort to any corrupt practice and that there was full compliance with the provisions of the act and the rules framed thereunder. the allegation that the respondent had engaged canvassers on payment of remuneration was denied.4. parties had ..... of the representation of the people act, 1951, (hereinafter to be referred to as the act), was filed on 7-4-1967. an amnedment of the petition was allowed on 7-7-1967. on 16-8-1967 a consolidated petition incorporating the amendment was filed. the facts stated hereunder .....
Tag this Judgment!Court : Orissa
Decided on : Jul-02-1968
Reported in : AIR1968Ori213; 34(1968)CLT1321
..... . air 1950 pat 517, abdul wakil v. bibi talimunnisa and 29 cut lt 681 = (air 1964 ori 106), sibasan-kar tiadi v. koli tiadhiani. rule 6 has been amended in madras since 1940. the principle laid down in air 1956 mad 271, angamma goudhan v. angamuthu goudan, has no application to orissa where it remains unamended. the petitioner has ..... was under section 39 and the suit would be barred by limitation as not being filed within three months from the date of the order. section 39 of the act runs thus--when the hereditary trustee of a math nominates his successor he shall give intimation in writing to the commissioner. subsequent changes in the nomination may also ..... fact that the order of the endowment commissioner was passed under that section. in the counter filed by the petitioner there is no reference to section 41 of the act though there is a reference to section 39. the evidence of witnesses is confined only to pauperism.6. the moot question for consideration is what materials are admissible .....
Tag this Judgment!Court : Orissa
Decided on : Jan-02-1968
Reported in : AIR1968Ori418
..... 's case that he required the house bona fide for his own purpose is denied. 3. on 18-1-1967, the petitioner no. 1 filed an application for amendment of the writ petition slating therein that jaharilal had sent a notice dated 12-8-1958 by registered post through his advocate sri d. n. biswal calling upon o ..... be admitted in high court in support of the case of service of notice and the petitioners did not accordingly press the amendment application regarding service of notice to quit under section 106 of the t p act mr raniit mohanty, however, contended that the parties went' to trial with the definite knowledge and assumption that the necessary ..... , december, 1958, the o. p. no. 1 never received a notice in terms of section 106 of the transfer of property act. the matter was heard on 14-12-1967. the petitioners did not press that amendment petition which was accordingly rejected. 4. the house rent controller recorded the following findings; (i) opposite. party no. 1 habitually defaulted .....
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