Court : Orissa
Reported in : 1991(I)OLR283
..... 117 aluminium ingots and decreed the suit.5. the learned advocate for the appellant submits that in view of the provisions made in the indian railways act (ix of 1890) (hereinafter referred to as the 'act') the onus lies on the plaintiffs to establish as to how many aluminium ingots were loaded at the consignor's private siding. if goods ..... of aluminium ingots were actually loaded. therefore his evidence is of no avail to the plaintiff. p.w. 1, the other witness has been examined for the insurance company (plaintiff no. 2). admittedly he has no personal knowledge regarding the factum of loading and how many aluminium ingots were loaded. the onus is on the plaintiffs to ..... 244 (union of india v. chotelal shewnath rai) and various decisions of other high courts speaking for the court has observed :'...the onus is on the plaintiff-company to establish as to what quantities had actually been booked at the forwarding station...xx xx xx.a shortage certificate is no proof of the fact that the quantum .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori232
..... set forth in instrument and directing the impounding of the said instrument of transfer by the registering officers by reference to collector under section 47(a) of the indian stamp act even if the said market value is not shown on the document, has challenged the same with a prayer to quash the said notification of the government dated ..... at length as the decision will not only affect the petitioner alone but also other people facing similar situation.5. section 47-a of the indian stamp act was inserted to the present act by orissa act 25 of 1962 and reads as follows:47-a. instrument under valued how to be dealt with-- (1) if the registering officer appointed under ..... prefer an appeal before the district judge and all such appeals be heard and disposed of in such manner as may be prescribed by rules made under this act.' 6. the indian stamp act of 1899 is a fiscal enactment charging stamp duty on instrument of various kinds. the dutiable instruments are classified under schedule i to the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ1056; 1992(I)OLR26
..... property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. thus under the indian penal code an act or illegal omission of a person causing danger or annoyance to the people in general who dwell or occupy property in th3 vicinity would be a public nuisance. the ..... looked for interpreting a section, the words of which admit of an, reasonable doubt, it cannot be taken to restrict the plain terms of the section. in hammarsmith and city railway co. v. brand (lr 4 hl 171), it was held that the heading of a chapter may be referred to in order to determine the sense of any doubtful ..... in mordern statutes are regarded as preambles to those sections. they cannot control the plain words of the statute but they may explain ambiguous words.' in hammersmith and city railway v. brand (1869 lr 4 hl 171, 217) the heading of a group of sections with the expression 'and with respect to the construction of the .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT588; 1992(I)OLR474
..... co-operative central bank in the instant case is a society which has been registered under the co-operative societies act. like companies incorporated under the indian companies act, the society registered under the co-operative societies act, is a juristic person and begins to function as an entity from the time of its registration. the society ..... is governed by the provisions of the co-operative societies act. there is a strict control exercised by the registrar and all ..... petitioner, and impose corresponding obligations on the society and its management. the society, can, therefore, be compelled to carry out its obligations under the act and bye laws end the rules framed thereunder by appropriate authority. therefore, we are of the opinion that the last point regarding the maintainability of the .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT789; 1993(I)OLR358
..... nanda then contends that the petitioner cannot be said to be an 'officer' as defined in section 2(3) of the indian companies act, 1956 because of which he is not one of the persons who can appear on behalf of the company. this submission is not much relevant because the appointment order as at annexure 3 has specifically authorised the petitioner to appear ..... .'there cannot be any doubt that a company which is merely registered for some purposes under the companies act does not owe its existence to the companies act. it merely is governed by some provisions of the companies act. if the submission of shri patnaik were to be taken to its logical conclusion, even partnership firms registered under the indian partnership act, 1932 shall have to be regarded as .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT976; 1995(I)OLR192
..... law and fact are involved and, therefore, they were heard together and are being disposed of by this common judgment.2. the petitioner, a company registered under the indian companies act, and wholly owned by government of india, assails the levy of tax in respect of vehicles belonging to the petitioner under the provisions of the ..... orissa motor vehicles taxation act as contract carriage, inter alia, on the ground that the said vehicles could not have been held to be 'contract carriages' ..... rajasthan 124, this question also came up for consideration and provision of section 3 of the-rajasthan passengers and goods taxation act was considered. the learned judges cams to hold that where company provided free transport facility to its employees and their children for travel from home to the work site or the school and .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1996Ori16
..... award, nor shall any arbitration agreement or award be enforced, set aside, amended modified or in any way affected otherwise than as provided in this act.'the apex court in the case of orient transport company v. m/s. jaya bharat credit and investment co. ltd, reported in air 1987 sc 2289 construing the provision in section 32 ruled:'section ..... . it is also contended that the marketing agreement of 25-4-1982 having expressly chosen the swiss legal system as the system which will govern the contract, the indian courts cannot entertain any suit of the nature and mind that has been instituted. in view of that it is submitted that the suit is barred and as such ..... order 7, rule 11 of c.p.c.alternatively the applicant has submitted that assuming without admitting that the indian law is applicable, in such case the suit will stand barred by virtue of section 12 of the indian arbitration act.4. the plaintiff did not file any separate objection to the file application filed under order 7, rule 11 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1996Ori195
..... to approve the environmental management plan before any new project isapproved for functioning. in essence the allegation of air and water pollution has been denied. the company has further stated that necessary steps have been taken to ensure that there is no water pollution.3. the orissa state prevention and control of pollution ..... inhale. water has become polluted because of dust and effluent articles rendering it unsuitable for drinking purpose. mahanadi coalfields limited (hereinafter referred to as 'the company') is operating in the areas and necessary steps have not been taken by it to avoid pollution of air and water. there has been flagrant violation ..... in this period was that each individual knew his duty to protect the environment and he tried to act accordingly. those aspects have been highlighted by a learned author c. m. jariwala in his article 'changing dimensions of indian environmental law' in the book 'law and environment' by p. leelakrishnan.6. the economic and social .....
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