Court : Orissa
Decided on : Oct-23-1979
Reported in : AIR1980Ori44; 48(1979)CLT491
..... the amount payable shall be realised therefrom and paid to the defendant. this security creating charge has been filed with the registrar of companies as required by sections 125/127 of the indian companies act.' then follows the schedule. another security bond in identical terms for an amount of rs. 1,81,734.14 p. has been ..... march, 1974 and does not cover the surcharge claimed by the electricity board.the company thereafter intimated the registrar of companies in form no. 8 pursuant to section 125/127 of the companies act that the present and future assets of the company wherever situated were being offered as security as per order dated 10-9-1979 of ..... the decree made in the compromised suit. subsequently, a suit was brought for specific preformance of the agreement. question was whether section 49 of the indian registration act precluded this decree containing the terms of agreement from being given as evidence of the agreement since the agreement referred to certain lands which were not .....
Tag this Judgment!Court : Orissa
Decided on : Jan-30-1979
Reported in : 47(1979)CLT589; (1979)10CTR(Ori)315; [1979]118ITR575(Orissa)
..... had yet to be picked up. as the money had to be safely held, a part was utilised for acquiring dividend-earning stock in dependable companies. in respect of dividend, tax was deducted at source and the petitioner applied to the ito in the assessment year 1974-75 for refund of rs ..... addressed to the secretary, institute of chartered accountants of india, while the second dated may 17, 1976, is addressed to the secretary-general of federation of indian chambers of commerce and industry. both these letters have been appended as annex. 10 to a subsequent affidavit filed on behalf of the petitioner. it has ..... respect of which you are assessable to tax for the assessment year 1975-76, escaped assessment within the meaning of section 147 of the income-tax act, 1961.reassessincomei, therefore, propose to------------------------the-----------------------------------------------------loss/depreciation allowancere-computefor the said assessment year and i hereby require you to deliver to me within 30 .....
Tag this Judgment!Court : Orissa
Decided on : Jul-20-1979
Reported in : AIR1980Ori79; 48(1979)CLT333
..... in his law of municipal corporations in british india. the learned judge ultimately observed:--'mr. s.c. khare did not draw my attention to any decision of an indian high court laying down that, the right to demand a poll has become the common law in india as regards the law of meetings, the matter may, therefore, ..... up to a sum of rs. 50,000 (rupees fifty thousand) only to its chairman in contravention of the provisions of section 69 of the orissa municipal act, 1950 (orissa act 23 of 1950) read with rules 23 and 24 of the orissa municipal rules, 1953;and whereas in pursuance to the provisions of sub-section (2) of ..... the municipal council deals with public funds. primarily for the convenience of functioning and management, the municipal council is to authorise expenditure from such funds and therefore, the act authorises delegation of power in favour of the chairman or the executive officer. one cannot conceive of any just and fair democratic principle which would justify the delegation of .....
Tag this Judgment!Court : Orissa
Decided on : Aug-10-1979
Reported in : AIR1980Ori3
..... orissa 100 this court had observed that the board could unilaterally revise the tariff by framing regulations under section 79(j) of the supply act. the supreme court in the case of indian aluminium company etc. v. kerala state electricity board, air 1975 sc 1967, observed:--'......even if they (regulations) were made, they should not have ..... have been vested on the board and necessarily, the board has been given certain duties. under section 18 of the supply act, the board has been directed to arrange in co-ordination with generating companies, if any, operating within the state in the most efficient and economical manner. the power to revise tariffs under section ..... so as to secure fully coordinated development.government feel that it is not possible to legislate for this purpose within the framework of the indian electricity act, 1910, which was conceived for a very different purpose. in their view what is needed is specific legislation; on the broad lines of the electricity .....
Tag this Judgment!Court : Orissa
Decided on : Nov-08-1979
Reported in : AIR1980Ori34; 49(1980)CLT358
..... facie be true to say that the will has to be proved like any other document except as to the special requirements of attestation prescribed bysection 63 of the indian succession act......'the learned judge again pointed out:--'however, there is one important feature which distinguishes wills from other documents. unlike other documents the will speaks from the death of ..... and the nature of proof which must be satisfied by the party who relies on a document in a court of law. similarly, sections 59 and 63 of the indian succession act are also relevant. section 59 provides that every person of sound mind, not being a minor, may dispose of his property by will and the three illustrations to ..... by him; but even in the absence of such pleas, the very circumstances surrounding the execution of the will may raise a doubt as to whether the testator was acting of his own free will. and then it is a part of the initial onus of the propounder to remove all reasonable doubts in the matter.' the aforesaid .....
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