Court : Orissa
Decided on : Jan-03-1961
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 .....
Tag this Judgment!Court : Orissa
Decided on : Nov-20-1961
Reported in : AIR1962Ori202
..... affidavit is to be regarded as insufficient; each case must depend on its peculiar facts. in the particular context, sections 397 to 407 (both inclusive) of the indian companies act, 1953, are aimed at putting an end to the continuing state of affairs; not at compensating the petitioner for a wrong which, in the present case, is a ..... are estopped from making the present application. apart from the position that this court has exclusive jurisdiction by virtue of section 10, read with section 2(11) of the indian companies act, 1956 as aforesaid, the scope of the said title suit is limited, and, in fact, the trial court in the suit, when vacating the order of injunction ..... entered in the register and books of account; the moneys were to be deposited in a scheduled bank as required under section 69 (3) and (4) of the indian companies act, 1956. the alleged applications, if any, must have been made, before the date of the extraordinary general meeting which was held on march 29, 1958,--along with .....
Tag this Judgment!Court : Orissa
Decided on : Apr-24-1961
Reported in : AIR1962Ori149
..... 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 ..... exclude appeals. their lordships further pointed out (in paragraph 36) that in adopting this liberal construction the long standing practice of the indian courts which prevailed prior to the passing of the arbitration act of 1940, may be looked into.12. it will therefore be useful to examine the relevant provisions of the previous laws dealing ..... i. the notice to quit was not valid; and ii. in any case, in view of the coming into force of the orissa house rent control act 1938 (orissa act 31 of 1958) the civil court had no jurisdiction to pass a decree for eviction. on both these points the learned single judge held against the appellant .....
Tag this Judgment!Court : Orissa
Decided on : Aug-07-1961
Reported in : AIR1962Ori197
..... respect of their conduct in the discharge of public functions: b. on merits--whether the accused appellantscan claim the benefit of any of the variousexceptions to section 499, indian penalcode, that is to say, (i) whether the imputations contained in thesaid publication were true: (ii) whether the accused appellants published and printed the said imputations ..... printed and published the said matters, knowing or having reason to believe that the same was defamatory and thereby committed an offence punishable under sections 500 and 501 indian penal code. in pursuance of section 198-b (3) (a), code of criminal procedure, a complaint was made by the public prosecutor with the previous ..... newspaper 'matrubhumi' is true, and that they do not agree with the view of the governor that he acted within his constitutional limits during that crisis; that in the said publication, they did not assert any particular oil company as such in assam; in other words they did not state, that it was the assam oil .....
Tag this Judgment!Court : Orissa
Decided on : Sep-12-1961
Reported in : AIR1962Ori67
..... to the client in the later litigation. the word 'retained'--with its aforesaid legal import, has also received statutory recognition in section 13(a) of the indian legal practitioners act (act 18 of 1879), which provides that the high court may also, after such inquiry as it thinks fit, suspend or dismiss any pleader or mukhter holding ..... a matter which concerns the honour of the profession.a full bench of this court,--in a recent decision under the indian bar council act, the principles of which are substantially the same as the legal practitioners act, by which sri panigrahi as pleader is governed,--held that the principle underlying the ban, prohibiting an advocate from ..... appeals'.the word 'retain' in the vakalatnama had a legal significance. the english concept of retainer for lawyers is thus not without purpose, introduced in the indian vakalatnama.a retainer is the engagement of a pleader or an advocate to give his service to a client, and involves the payment of a fee--the acceptance .....
Tag this Judgment!Court : Orissa
Decided on : Oct-10-1961
Reported in : AIR1962Ori86
..... was discussed. chamier, c.j. who gave the leading judgment, observed: 'assuming that the rule in (1809) 16 ves 249 is applicable to indian cases, i would point out that notice has been defined in more than one indian act in terms which do not go so far as the english cases and that both here and in england it has been repeatedly ..... been held to be an extreme case beyond which the doctrine of constructive notice ought not to be extended but at the same time it has been followed by the indian courts in a number of cases.' in this connection however a full bench decision reported in hari charan v. kaula rai, air ,1917 pat 478 may be seen. there ..... withdraw the suit: (ii) that the plaintiff is deemed to have notice of the possession of defendant no. 1 within the meaning of section 3 of the transfer of property act: (iii) that there having been a previous contract between defendant no. 1 and defendant no. 3, a part consideration money having been received and possession having been delivered in .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-1961
Reported in : AIR1962Ori147
..... . 47, 48, cited above where lord radcliffe laid down the basic principles underlying the question of adverse possession under article 144 of the indian limitation act as stated above.8. that apart, proviso to section 44, transfer . of property act further supports the above view. although section 44 does not in terms apply to involuntary sales, e. g., sales in execution of decrees ..... ) became a co-sharer in respect of the suitproperty; if he is found to be a co-sharer thenthere is no question of adverse possession underarticle 144 of the limitation act which, according to the defendants, is the article applicable tothis case. for convenience of ready referencearticle 144 is set out as follows:'144. for possession of immoveable properly or any .....
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