Judgment Search Results Home > Cases Phrase: indian railway companies act 1895 Court: orissa Page 1 of about 662 results (4.446 seconds)

Harishankar Lath and ors. Vs. General Merchants Ltd.

Court : Orissa

Reported in : AIR1956Ori186

..... the joint family must be considered to be a unit and must be deemed to be one person within the meaning of section 4, indian companies act, the expression 'person' is defined in the general clauses act as follows:'unless there is something repugnant in the context or in the subject, the term 'person' will include any association or body ..... g. and j. burns and the action was a partnership action to take the accounts and wind up the business of what was called the clyde steam navigation company, which was a partnership between the plaintiffs and sir john burns, and the dealings and transactions of that partnership related to the sailings of steamships from the clyde. ..... 'sirikant lal v. sidheshwarr prasad', 1937 pat 455 (air v24) (k), that a joint hindu family being a legal person according to hindu law lawfully represented by and acting through the managing member or head thereof-is included ordinarily in the term a person'. in 1937 pat 455 (air v 24) (k), fazl all j., observed, following .....

GeomIn Minerals and Marketing (P) Ltd. Vs. State of Orissa and ors.

Court : Orissa

..... 1. the petitioner, geomin minerals & marketing (p) ltd. which is a company incorporated under the indian companies act, 1956, has filed this writ petition, inter alia with the following prayers:"order the ..... of availability and eligibility."2. the facts of the case are as given hereinbelow:-2.1 on 29.10.1991, the petitioner-company filed several applications for grant of prospecting licence and mining lease. according to the petitioner, it has the preferential right for consideration ..... under section 11 (5) of the m.m.(d& r) act vide its letter dated 19.12.2006. the recommendation dated 19.12.2006 made by the state government was challenged by kudremukh iron ore company ltd (in short 'kiocl') before this court in w.p.(c ..... ) no. 1775 of 2007 and this court by order dated 16.4.2007 disposed of the writ petition filed by kiocl and directed the kiocl to approach the revisional tribunal established under section 30 of the m.m.(d&r;) act .....

Surendra Nath Bhuyan Vs. Official Liquidator, Puri Bank Ltd.

Court : Orissa

Reported in : AIR1961Ori57; [1962]32CompCas584(Orissa)

..... client without any justification whatsoever in filing and pursuing the suit in the puri court. it is quite apparent that nobody concerned looked up either the banking companies act or the indian companies act or the judicial decision of this court on the point reported as early as in 1954 as aforesaid, which clearly shows want of due care and ..... the puri court had no jurisdiction to try the said suit, that the high court alone had the exclusive jurisdiction by reason of the provisions of the banking companies act and accordingly by an order dated august 30, 1957 made by the puri court, the plaint was directed to be returned to the plaintiff bhuyan for presentation ..... attention as required by law in order to entitle the plaintiff to the benefit of section 14 of the limitation act. raja gopal rao v. dolgovinda sahu, ilr 1959 cut .....

Britania Buildings and Iron Co. Ltd. Vs. State of Orissa

Court : Orissa

Reported in : AIR1962Ori117

..... certain explosives at parcel rates and did not send the goods in time. there having been unreasonable delay the railway company was held liable under section 72 of the indian railways act. i do not see how this case can be of any help to the contention of mr. das gupta.16. it was next argued that when there ..... the suit-agreement executed by the superintending engineer on their behalf could not bind them.applying the principles of sections 69 and w of the indian contract act (act ix of 1872.) he held that the plaintiff-company can recover the sales-tax independent of the agreement. he, however, found that the plaintiff's claim for the amounts paid before 27 ..... the same. the interest on the amount of sales-tax paid by the company was claimed at 6 per cent per annum by way of compensation. the plaintiff company by a further amendment of the plaint sought to avoid the provisions of the indian limitation act on the ground that the defendant had acknowledged the liability in their letters dated .....

Union of India (Uoi) Vs. Railway Rates Tribunal and anr.

Court : Orissa

Reported in : AIR1992Ori15

..... that rates are unreasonable must inevitably fail.from the complaint filed by the opp. party no. 2 under section 41(1)(c) of the indian railways act, 1890, it is quite clear that the opp. party no. 2 -- company was making an allegation that since they owned their own engines arid were hauling the wagons from adjustment siding, which is a part of barbil ..... are rejected. ultimately, opp. party no. 2 was compelled, finding no alternative, to file a complaint under section 41(1)(c) of the indian railway act, 1980 (hereinafter to be referred as 'the act') before opp. party no. 1, the railway rates tribunal, madras (hereinafter to be referred as 'the tribunal'), which was filed on 28-7-1982 and was registered as complaint no. 7 .....

Union of India (Uoi) Vs. Khetwat Oil Mills and anr.

Court : Orissa

Reported in : AIR1988Ori233; 66(1988)CLT788

..... superintendent, it was not a valid notice. the decision was, however, rendered for a cause of action that arose prior to amendment of section 140 of the act by the indian railways (amendment) act 1961 (39 of 1961) with effect from 1-1-1962. in view of the change of law, the decision rendered by the learned single judge will not ..... while on transit, as a result of which the plaintiff sustained loss. in order to recover compensation, notices under section 78-b of the indian railways act (exts. 4 and 4/a) (hereinafter referred to as 'the act') and under section 80 c.p.c. (exts. 7 and 7/a) were served on the chief commercial superintendent (claims) and the ..... now section 78-b) read with section 140 of the act are satisfied by serving a notice within the prescribed period on the chief commercial manager or any other subordinate officer of a railway company owned by the government provided it is established as a fact that the railway company by its course of business or the terms of the contract .....

i.T.C. Limited Vs. State of Orissa

Court : Orissa

Reported in : 2005CriLJ1582; 2005(I)OLR122

..... the court below with a prayer to release 400 cartoons of cigarette to the company or in the alternative release the entire consignment in favour of the transporter m/s. indian roadways corporation limited. as per the case of the petitioner it is a company within the meaning of the companies act, 1956 having its registered office at jawaharlal nehru road, kolkata inter alia engaged ..... earlier the alternative prayer of the petitioner is to release the seized cigarette in favour of the indian roadways company. there is no other rival claimant to the said goods.6. admittedly the offence alleged to have been committed is under section 160(2) of the railways act, 1988, which reads as follows :--'if any person breaks any gate or chain or barrier set .....

Union of India (Uoi) Vs. Industrial Development Corporation of Orissa ...

Court : Orissa

Reported in : 1996ACJ593; AIR1995Ori298; 1995(I)OLR386

..... delivery against damage/ shortage certificates. it is alleged that the shortage/damage was in transit due to fault and negligence of the railways. plaintiff thereupon issued statutory notices under the indian railways act and as they bore no fruit, further issued notices under section 80 of the code of civil procedure. in spite of such ..... his claim only on the damage/ shortage certificate issued by the railways. under section 72 of the indian railways act, 1890, a sender while delivering goods to railways for despatch, is to execute a forwarding note giving particulars of the goods delivered. the railway receipt is issued on the basis of informations furnished in the forwarding ..... j. 1. this defendant's appealarises out of a suit for damages in respect of 81 consignments of wagon loads of cement despatched by the plaintiff company by railways to different destinations as per the schedule attached to the plaint. 2. plaintiffs case, in brief, was that all the consignments were booked to self .....

Indian Red Cross Society, Orissa State, Rep. Throu Vs. Bankanidhi Mish ...

Court : Orissa

..... (1) and (2) of section 4 and sub-sections (7) and (8) of section 7 of the act, 1972. section 1 xx xx xx (3) it shall apply to(a) every factory, mine, oil field, plantation, port and railway company; (b) every shop or establishment within the meaning of any law for the time being in force in relation to ..... 919). the 10 general principle underlying the gratuity scheme is that by their length of service, workmen are entitled to claim a certain amount as a retiral benefit. (see indian hume pipes co. ltd. vs. its workmen and another, air 196.sc 251). gratuity has to be considered to be an amount paid connected with any consideration and ..... high court of orissa: cuttack w.p.(c) no.6890 of 2012 in the matter of an application under articles 226 and 227 of the constitution of india. -----------indian red cross society, orissa state, red cross bhawan, bhubaneswar, represented through its honorary secretary petitioner opp. party -versusbankanidhi mishra, aged about 63 years, s/o. late banchhanidhi .....

Paradeep Port Trust. Vs. Controlling Authority and ors.

Court : Orissa

..... face of it, it is apparent that though the indian parliament did not include the word 'major port' in the application clause while defining appropriate government at section 2(a) of the act, it is provided that for the purpose of a major port, mine, oild field or railway company, the central government is the appropriate government. section ..... major port, mine, oilfield or railway company, the central government, (e) in any other case, the state government.sub-section (i) of section 2 defines 'major port' has the same meaning assigned to it in clause (8) of section 3 of the indian ports act, 1908, hereinafter referred to as the i.p. act. the said section 2 of clause ..... 8 of the act lays down that if the amount of gratuity is not paid, then an application .....