Court : Orissa
Decided on : Nov-20-1961
Reported in : AIR1962Ori202
..... said provisions shall apply accordingly to the memorandum of articles as so altered. all these provisions have been introduced in indian statute by the amending act of 1956 on the basis of section 210 of the english companies act, 1948. the english law introduced section 210, on the recommendation of what is known as cohen committee, who ..... that is, not the existing shareholders. on september 14, 1960 sri s.p. jain filed the present complaint under sections 397, 398, 402 and 403 indian companies act, on the ground of continuing and continuous oppression to the minority group of shareholders including himself, and mismanagement of the affairs of the company as stated in ..... kalinga tubes ltd. (hereinafter referred to as the company), is the petitioner in the complaint herein under sections 397, 398, 402 and 403 of the indian companies act, 1956 on the ground of alleged continuing and continuous process of oppression to some part of the members of the company (including the petitioner) and mis .....
Tag this Judgment!Court : Orissa
Decided on : Nov-14-1961
Reported in : [1962]13STC412(Orissa)
..... shall, in respect of such business, be deemed to be a 'dealer' for the purpose of this act.the said definition underwent a change, as a result of the passing of the amending act of 1958 (orissa act 28 of 1958). in consequence of that amendment, the new definition ran as follows :-2(c) 'dealer' means any person who executes any contract or ..... it may include all classes of agents who for commission or otherwise carry on the business of the principal. the expression 'agent' as defined in section 182 of the indian contract act is very wide. it will include all classes of agents such as factors, brokers, commission agents etc., and may also include mere employees who, for commission or other ..... out in kirkham v. peel (1881) 44 law times 195 (cited at page 103 of bowstead on agency), in indian law also the definition of the expression 'mercantile agent' as given in section 2(9) of the sale of goods act and his right to pass title in the goods to third parties as provided in section 27 of that .....
Tag this Judgment!Court : Orissa
Decided on : Apr-24-1961
Reported in : AIR1962Ori149
..... of the supreme court reported in air 1960 sc 307, nachiappa v. subramaniam where, while construing the words 'court'' and 'suit' occurring in section 21 of the indian arbitration act their lordships held that 'court' includes appellate courts and suit includes appeals. the conflict of decision of the various high courts was noticed by their lordships and the judgment ..... suit it would not pass, the same decree as the trial court would at re-hearing. in short, if it be accepted, as it must be, that the amended section 10 applies to pending suits, it must well be accepted that it should apply to pending appeals. appeals are filed in suits and hence are nothing but a ..... on merits. the trial court, at the re-hearing, shall not be competent to pass a decree in derogation of the provisions of the amended section 10. because according to section 16(i) the amendment would apply to pending suits. it would be anomalous, or rather absurd, to hold that if, instead of remanding it, this court proceeds .....
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