Court : Orissa
Reported in : AIR1950Ori67
..... and most significant wag the report of the privy council in 1902 in the matabeleland case. 'the situation is on a very familiar to indian lawyers and administrators. for in india company during its rule, and afterwards the crown, has acquired large poweis of administration...and yet, unless there has been cession of territory, the ..... 20 p. c. ). the lord chancellor on behalf of the privy counoil (sic) out that the sovereignty derived from the nizam on a particular line of railway did not justify the arrest com plained of. the authority, therefore, to execute any criminal process must be derived in some way or another from the sovereign of ..... extra territorial authority. the powers delegated are both executive and legislative, and are sufficiently extensive to cover all the extra territorial powers previously exercised in accordance with indian acts.'56. as instance, of exercise of full jurisdiction acquired by cession, the following passage at pp. 423-424 may be noted :'there are certain areas .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori123
..... the title of the ostensible owner if a benami conveyance was executed in order to perpetrate a fraud. this is a well recognized principle and has been applied in several indian decisions. 7. reference may also be made to varada-rajulu naidu v. srinivasulu naidu, 20 mad. 333; sidlingappa v. hirasa, 31 bom. 405 : (9 bom. l. r. 642); ..... alleged mistress and discovered this easy way of parting with some of the math properties by bringing about the rent sale. this view gains support from the mahant's previous act, namely, the execution of a will on 3rd september 1934, whereby he provided for certain properties of the math to be in the exclusive enjoyment of defendant 6 ..... achieve this object it was not possible for the mahant to bid at the auction himself, as that would be contrary to the provisions of section 227, orissa tenancy act. mr. rao's contention is that even admitting this premise to be correct, defendant 1 shall not be permitted to take advantage of the sale as ohintamoni had actually .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori42
..... be so arranged as to serve local areas where it may not be practicable to stop through trains & also where it may not pay to establish branch-line railways. the objects of the company have been fully described in clause (3) of the memorandum of association. i may quote sub-clauses (j) & (k) which are undoubtedly in public ..... to the same effect in january 1935. by way of giving effect to that, a bill was introduced in august, 1936 proposing certain amendments to the indian motor vehicles act, 1914 on certain points. the bill was circulated for public opinion before its adoption for the purpose of enactment in the legislature. before such further action ..... responsibilities of the state. it is one of so many other inevitable welfare provisions for which the state exists & machinery is set up. since after the indian motor vehicles act, 1914, the then govt. had been feeling thepressure of the conditions brought about by the rapid growth of motor transport in the country. the pinch of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori258; 19(1953)CLT281
..... been done notwithstanding a technical breach of the rule of procedure. sub-section (1) of section 5, criminal p. c. provides that all offences under the indian penal code shall be investigated, inquired into, and tried and otherwise dealt with according to its provisions. the language of the code has, therefore, to be ..... constitute one offence within the meaning of section 234,cr. p.c. even though, in reality, they constitute several distinct offences. if a series of acts thus notionally constitute one offence it necessarily follows that notionally they constitute one transaction, it is true that in one transaction several offences may be committed; but ..... for one offence of misappropriation in respect of several items of money, joined with a charge of falsification which was carried out as one of the series of acts constituting the transaction by which misappropriation was effected. their lordships upheld the conviction, following the patna decisions in -- 'michael john's case (d)', and in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori139; 20(1954)CLT345; [1954]24CompCas294(Orissa)
..... outside india which is being wound up, where its principal place of business is situated, and notwithstanding anything to the contrary contained in the indian companies act, 1913 (7 of 1913), or in any notification, order or direction issued thereunder or in any other law for the time being in force, no other ..... have jurisdiction to entertain any matter relating to or arising out of the winding up of a banking company.45b. power of court to decide all claims by or against banking companies: 1. notwithstanding anything to the contrary contained in the indian companies act, 1913 (7 of 1913), or in any other law for the time being in force, the ..... or arising in the course of the winding up of a company. this section is very similar in language to section 4(1), provincial insolvency act, with two important distinguishing features. firstly the opening words of section 45b(1) are 'notwithstanding anything to the contrary contained in the indian companies act, 1913 (7 of 1913) or in any other law .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori178; 20(1954)CLT115
..... orissa sugar distillery and timber mills limited is a juridical person being a company duly incorporated under the provisions of the indian companies act (act 7 of 1913). the petitioner have produced the certificate incorporating the said company under the provisions of the indian companies act, dated 14-11-1950, granted by the assistant registrar, joint stock companies, orissa.it is to be noted here that on the previous occasion ..... , when this objection was taken on behalf of the petitioners, an order was passed by this court making the said company .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori84
..... following those decisions can be regarded as authority contrary to the position which he contends for. in my opinion, there is much force in this contention. section 156, indian companies; act clearly says that every present and past members shall 'subject to the provisions of this section': be liable to contribute, and by virtue of clause (iv) a ..... as a petition by a contributory and if it does not amount to a petition by a contributory or contributories, the provisions of section 166 of the indian companies act are not complied with. he contends that fully paid-up share-holders are not contributories by reason of the definition of the term in section 158 as ..... english decisions were based. 30. the bombay, allahabad and calcutta-decisions referred to above are not directly cases relating to interpretation of sections 156, 158 and 166, indian companies act and consequently they do not apply to the facts of the present case. 31. the decision of kapur j. in the case of --'bharat bank ltd. v. .....
Tag this Judgment!Court : Orissa
Reported in : [1955]28ITR414(Orissa)
..... 's government. they also acted as agents of the lucas indian service, bombay branch, for the supply of their goods similarly in the nizam's dominions. the orders for gas plants were placed bythe nizam's state railway to messrs t. v. s.iyengar of madras through the assessee company.the cheques for commission in ..... respect of supplies made by messrs t. v. s. iyengar and sonsltd. were paid to the assessee company ..... of the lucas service ltd. with the slight difference that the prices of goods were paid to lucas indian ' service ltd., sometimes by the assessee-company after deducting the commission payable on orders placed through the company through raghunath mall, banker. 6a. in the supplementary statement of the case it is stated that with .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori156
..... may be given once for all as for instance, by the payment of a capital sum or by conferring a single benefit at the beginning. the case of llanelly railway and dock company v. london & north western rly. co., (187s) 7 hl 550 (l) is an example of this.there is yet a third class of licenses for value which ..... a grant or interest in the nature of property'.it is therefore not possible to apply the liberalised. principles adopted by the english courts to cases to which the indian easements act applies. even in england the view now taken of such contracts, which merely enable the licensee to do something upon the property of the licensor does not create ..... on general principles that a mere license is, in its nature. revocable and that a license coupled with a grant is irrevocable, has received statutory recognition in section 60, indian easements act. section 60 lays down that'a license may be revoked by the grantor unless (a) it is coupled with a transfer of property, and such transfer is in .....
Tag this Judgment!Court : Orissa
Reported in : [1956]30ITR248(Orissa)
..... the year under their management. the position would be made clear by reference to some parallel sections of other similar acts.4. our attention has been drawn to the provisions of section 41(2) of the indian income-tax act running as follows :'(2) nothing contained in sub-section (i) shall prevent either the direct assessment of the ..... order of assessment against the petitioner personally is illegal and without jurisdiction as it is in contravention of the previous section 13 of orissa agricultural income-tax act, 1947 (orissa act no. xxiv of 1947). under the provisions of this section, the department is to proceed against the court of wards only and not against the petitioner ..... management of the court of wards till 16th march, 1953, when a release order was passed. in the meantime under the provisions of the orissa estates abolition act, 1951 (act no. i of 1952), the estate vested in the state of orissa on 29th december, 1952. the agricultural income-tax department issued a notice on the .....
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