Court : Orissa
Decided on : Jan-07-1952
Reported in : AIR1952Ori318
..... lj 215 (lah) may be referred to. the conviction of a managing director under s. 87 of the indian companies act was set aside on the ground that he was not shown to be in charge of the 'entire affairs of the company and was hence not a manager.'13. an argument has also been advanced before us that this court has no ..... to give evidence on his own behalf by means of an affidavit.12. in this connection, the definition of the word 'manager' in section 2(9) of the indian companies act, as well as begulations 71 and 82 in appendix 'a' to the said act have been brought to our notice and pressed into service. regulation 71 shows that 'the business of the ..... follows from a construction of the expression 'manager' occurring in clause (9) of section 2 of the indian companies act read with regulations 71 and 72 in the first schedule to that act. my lord the chief justice has doubt as to whether mr. sengupta was the sole managing director or whether there may be other managing directors as well. mr. .....
Tag this Judgment!Court : Orissa
Decided on : Feb-19-1952
Reported in : AIR1952Ori289; 18(1952)CLT227
..... has had occasion very recently to consider the implications of the rule in 'rex v. basker-ville', in relation to the provisions of the indian evidence act. in the unreported judgment in 'cr. appeal no. 2 of 1951' in the supreme court of india, in 'rameswar, s/o kalayan ..... few days prior to the alleged payment that the accused was demanding a bribe and that he took money from the funds of the company on that footing, and that he informed p. w. 1 a few days later that he did pay the money to the accused ..... amount was agreed to p. ws. 1 and 3 were informed. p. w. 2 obtained a sum of rs. 500/- in the company account through the managing director and paid it to the accused on the 22nd of august. the only evidence of the fact of payment is ..... management of nilachala trading co. of jeypur.as appears from the evidence of p. w. 1, the managing director, this company is a private limited company, with an annual turn-over of about fifteen to sixteen lacs of rupees. it is a rice procuring agent for the .....
Tag this Judgment!Court : Orissa
Decided on : Mar-27-1952
Reported in : AIR1954Ori7; [1953]23CompCas369(Orissa)
..... by the secretary even if true, is not valid and binding on the liquidator.13. the further point raised for the plaintiff is that under section 168, companies act, the order of winding up dates back to the date of the application and that no transaction subsequent to that date is binding on the liquidator,, except ..... the fixed deposit receipts, exts. b and b-1. the defendant's advocate relies on section 229, companies act read with section 46, provincial insolvency act. section 229, companies act is as follows:'in the winding up of an insolvent company, the same rules shall prevail and be observed with regard to the respective rights of secured and unsecured creditors ..... creditor and that therefore he is entitled to a set-oft in respect of the two inasmuch as section 46, provincial insolvency act is applicable to winding up proceedings by virtue of section 229, companies act above quoted. it is contended on behalf of the plaintiff that there is here no question of any mutual dealings, but .....
Tag this Judgment!Court : Orissa
Decided on : Apr-22-1952
Reported in : AIR1952Ori267
..... accepted a sum of rs. 200/- as illegal gratification with a view to facilitating the export of kudo from kantabanji railway station, bolangir district, to bombay presidency. briefly stated the facts are that purushottam (p. w. 1) who was acting as purchasing agent of the firm of shiva-shankar tricumjee, at cuttack represented to shivashankar on 18-12-49 that he ..... the trap that was laid for inducing the accused to accept the bribe and the incidents that took place after he went into the house of the accused in the company of the inspector, (c. i. d.) mr. n. n. roy, and he proves the part that he played in the events leading up to the commission and ..... of the crime by offering currency notes to the c. s. o. and that consequently he was an abettor as defined in section 107, clause (thirdly) of the indian penal code. doubtless, if purushottam can be an- abettor his position as an accomplice is established beyond doubt and his evidence cannot be accepted without adequate corroboration. but i .....
Tag this Judgment!Court : Orissa
Decided on : Jul-29-1952
Reported in : AIR1953Ori23; 18(1952)CLT288
..... under section 24, sub-section (2), clause (b) of the orissa sales tax act, 1947, asking us to direct the commissioner, northern division, sambalpur, to state a case.2. the petitioners are a limited company, incorporated under the indian companies act. 1913, having their head office at calcutta.the firm carries on business in bamboos ..... and sabaigrass and supplies the above articles to orient paper mills, brajarajnagar, titagar paper mills and other bengal paper mills. the firm, inspite of carrying on business for a long time, did not take steps to get itself registered under section 9 of orissa sales tax act ..... not 30th of july, the date on which the order was signed.9. under the provisions of section 29 of the indian limitation act, the provisions of section 12 of the act which prescribes computation of period for obtaining copies of order or judgment, shall apply only in so far as, and to .....
Tag this Judgment!Court : Orissa
Decided on : Sep-03-1952
Reported in : AIR1953Ori3; 19(1953)CLT81
..... not. prima facie it would appear that such a contract, being intended to defeat the provisions of the orissa money lenders act, would be void in view of section 23 of the indian contract act. but the question for consideration at present is not whether the terms of the compromise petition are lawful but whether the ..... inam lands granted as remuneration for the performance of duties by hereditary village officers was not executable because it contravened section 5 of the madras hereditary village offices act (act iii of 1895).this view was followed in a later madras decision reported in -- 'rajah of kalahasti v. venkatadri rao', 50 mad. 897 where a ..... of indebtedness (especially in rural areas) which was considered to be a serious evil. in all the standard text books on indian economics it was emphasised that for the improvement of indian agriculture, rural indebtedness should be reduced by drastic measures and the legislature should intervene so as to save the agriculturists from the .....
Tag this Judgment!Court : Orissa
Decided on : Sep-05-1952
Reported in : AIR1953Ori25; 19(1953)CLT1
..... judge at dhulia where the suit was filed. the subsequent purchasers were made parties under section 27, specific relief act, but the vendor (defendant 1) was a limited company having its registered office in bombay. it was argued for the appellant-company that section 16(d) would not govern the case as the appellant had no existing right to be enforced ..... an interest in the land within the jurisdiction of the court; but whether in view of sections 431, 432 & 433, c.p.c., then in force, the british indian court had jurisdiction against a foreign prince. the case in 22 all 191 turned on the question whether the claim for maintenance of an illegitimate member oi a raj-family ..... property in respect of a claim for maintenance, there can be no doubt that that charge is an interest in the immovable property. indeed, section 39, t. p. act, in a sense recognizes it when it says: 'where a person has a right to receive maintenance from the profits of immovable property, the said right may be enforced .....
Tag this Judgment!Court : Orissa
Decided on : Oct-23-1952
Reported in : AIR1953Ori56
..... absolutely false.4. the defence was that the occurrence was true, that the plaintiff really sold 40 maunds of rice on 15th and 16th february 1946, to the agents of companies at ghasipura and again when he was attempting to transport 10 bags of rice on the night of 16-2-46 he informed the police to visit the spot and ..... the defendant to the police was absolutely false and without any slightest reasonable and probable cause and thus actuated by malice.6. the lower appellate court finding that the defendant acted on good faith when be informed the police about the storage of 10 bags of rice in the plaintiff's house which the police found and seized at the spot .....
Tag this Judgment!Court : Orissa
Decided on : Dec-02-1952
Reported in : AIR1953Ori153
..... as against the office premises of pearl cyclesstores and kalinga tubes ltd. search as against them was applied for on the statement that, according to reliable information these companies had a hand in the disposal of the license and that some relevant documents are likely to be found with them.the magistrate's order states as follows: ..... in the application that the s id license was black-marketed in calcutta and that a fraud was committed amounting to an offence under the indian penal code, or the import or export control act of 1947, are all of them erroneous both in fact and in law. here again, we have to reiterate that that question is ..... searches were asked for, viz., sri bijayananda patnaik, sri nandakishore modi, sri mayadhar mohanty, and sri ushha-bananda samantaroy, are all of them directors of a company styled as 'eastern merchantile corporation ltd., cuttack,' with its head-office at the residence of sri bijayananda pntnaik above-stated. it is further stated therein that the said .....
Tag this Judgment!Court : Orissa
Decided on : Dec-12-1952
Reported in : AIR1953Ori160
..... on 12-2-1950, demanded a bribe from p. w. 1 in order that he may use his official position to facilitate certain exports of kudo from kantabanji railway station, for the benefit of p. w. 1 and his principal. it is further the case of the prosecution that a few days after 12-2-1950, ..... witnesses, it may become difficult --almost impossible -- to successfully prove a charge under section 161, i. p. c., against any public servant and that provision of the indian penal code may as well be relegated to the class of those obsolete provisions such as thuggery (section 310) etc., which have only historical interest. a court should ..... over india but also by the union government for suppression of corruption amongst public officials, and, apart from the passing of special laws like the prevention of corruption act, 1947, special departments have been created (or the purpose of detection of such offences. the question as to whether previous information arrange traps for detecting corruption amongst .....
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