Court : Orissa
Decided on : Jan-22-1993
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
Decided on : Jan-15-1993
Reported in : 1993(I)OLR374
..... 276 of the indian succession act, decision of the court of munsif would not operate as res judicata even though decision of the court of munsif was confirmed by high court. if this decision ..... ilr 1962 cut. 296 (chintamani barik and anr. v. chari bewa), where the title to the property put to issue in an application under section 276 of the indian succession act was in issue formerly in a suit tried in the court of munsif. it was held that court of munsif not being competent to try a proceeding under section ..... matter of litigation either being territorial or pecuniary. there may be other limitations on the court to try a suit. to avoid this difficulty, section 11 was amended by act 104 of 1976 and explanation viii was added. it reads as follows :'explanation viii :-an issue heard and finally decided by a court of limited jurisdiction, competent to decide .....
Tag this Judgment!Court : Orissa
Decided on : Jan-19-1993
Reported in : 76(1993)CLT22; 1993CriLJ3328
..... they claimed to have been injured during occurrence. according to these witnesses, the deceased had gone to witness an open sky opera, and while he was returning in the company of p.w.9 and d.w.i, the assaults took place in front of the backside of the house of rekhi naikani. the back side door of rekhi ..... appellants in criminal appeal no. 119 of 1986 were tried together. cognizance was taken for commission of offence punishable under section 302 of the penal code, 1860 (in short, 'ipc) against; accused markanda naik, kirtan naik, kamaraju naik, uma chandra naik, prakash naik, gada naik and barichha naik, for committing murder of one banka naik (hereinafter referred to ..... hand does not seem to be a case of that nature.12. coming to the question whether section 149, ipc can be attracted, it is to be seen that section 149 is in the nature of a collective liability for acts done by others, even though the accused may not have himself contributed physically. it fixes vicarious liability of the .....
Tag this Judgment!Court : Orissa
Decided on : Mar-04-1993
Reported in : 1995LC62(Orissa); 1993(68)ELT739(Ori)
..... referred to as the thai co.) had been chartered by golden hind shipping (india), new delhi (opposite party no. 1) for fishing purpose. while fishing in indian waters it was apprehended by commander i.n.s. sharabh who brought it to paradeep port on 12-9-1980 with crew and cargo consisting of fishes prawns and ..... charterer towards the price of prawns, shrimps and fishes, the same having already been taken away by the thai company alongwith the trawler under orders of the collector after payment of the fine amount.13. section 129b of the customs act dealing with the powers of the tribunal is extracted below :129b. orders of appellate tribunal. - (1) ..... ) set aside the orders of confiscation of both the cargo and the trawler with the following observations :'the movement of the trawler off the indian coast where she was intercepted by the indian naval ships could not, therefore, constitute an attempt at export either for smuggling or for purposes of attracting the penal action under section 113( .....
Tag this Judgment!Court : Orissa
Decided on : Apr-21-1993
Reported in : 1993(II)OLR115
..... assigned by law to the mother. however, she could be replaced and some other person could be appointed as guardian by the will of the father. the indian-majority act, 1875 was the first enactment to directly affect rules of hindu law relating to age of majority. the personal law of hindus was also affected indirectly by courts ..... and therefore, the conclusion that the sale was voidable at the best is also indefensible. the learned counsel for petitioner also submitted that after promulgation of banami transcations act (in short, the 'benami act') the conclusions are also not tenable. mr. b. l. n. swamy, learned counsel appearing for opp. party no. 1, however, submitted with reference to ..... such a guardian in any matter without any prejudice to the provisions of section 2 of the indian majority act, 1875 [order xxxii, rule 1 explanation (as modified in 1976)]. section 4(b) of the act defines 'guardian' to mean a person having the care of the person of a minor or his property or of both his .....
Tag this Judgment!Court : Orissa
Decided on : Jul-22-1993
Reported in : AIR1993Ori259; 76(1993)CLT720
..... authorised officer, the property shall not be confiscated. (4) where any share in a company stands confiscated to the state government under this act, then, the company shall, notwithstanding anything contained in the companies act, 1956, or the articles of association of the company forthwith register the state government as the transferee of such share. (5) every proceeding ..... rath, the learned advocate-general refers us to state of madhya pradesh v. azad bharat finance company, air 1967 sc 276, wherein while dealing with the word 'shall' as appearing in section ll(d) of the opium act, 1878 as applicable to madhya pradesh, it was held that this word does not always ..... the principle that words, however, clear they may appear to be, must, beread in the 'context' in which they appear; andif they appear in an act, the whole act, or therelevant part of it, must be looked into. and'context' includes intrinsic and extrinsic aidsto construction - preamble being one of theextrinsic aids. !22. .....
Tag this Judgment!Court : Orissa
Decided on : Aug-11-1993
Reported in : AIR1994Ori103
..... refining (india) limited and of the undertakings in india of caltex (india) limited) act, 1977 (central act 17 of 1977) (hereinafter referred to as the 'act'). on 9-5-1978, the company law board in exercise of powers conferred under sub-sections (1) and (2) of section 396 of the companies act, 1956, passed an amalgamation order amalgamating the caltex oil refining (india) limited and hindustan ..... appropriate for us to notice the object with which the business in dealing with petroleum was nationalised. the caltex petroleum corporation was a company incorporated in the united states of america and as one of its subsidiaries, the caltex oil refining (india) limited, an indian company was carrying on the business of refining crude oil and producing petroleum products in india. another subsidiary .....
Tag this Judgment!Court : Orissa
Decided on : Aug-13-1993
Reported in : AIR1994Ori98; [1995]82CompCas626(Orissa)
..... the petitioner sent reply on 1-1-1993 that his father had expired since may, !985 and that he was unaware whether telephone no.ck 21526 belonged to the company in which his father was director or it belonged to him in his personal capacity. at any rate, he disputed his liability to clear the dues in respect of telephone ..... conceded by mr. panda learned counsel appearing for the opposite parties that the only power in the department for disconnection of telephone is as found under rule 443 of the indian telegraph rules. that rule inter alia states, so far as relevant, that in the event of default on account of one telephone, other telephones of the subscriber of the ..... been given, the petitioner would have been in a position to point out the infirmity in law of his being made liable in respect of default on account of the company's telephone. as such viewed from any angle, the action of the authorities in disconnecting the telephone of the petitioner becomes vulnerable in law.5. in that view .....
Tag this Judgment!Court : Orissa
Decided on : Aug-20-1993
Reported in : AIR1994Ori94
..... the state govt. not by the conservator of forest the authority who executed the contract. from ext. m, it is apparent that it is the competent authority under the forest act who passed the order forfeiting the security deposit. thus, the order of forfeiture was without jurisdiction having not been passed by the state government, who is the authority empowered under ..... ) that his bid has been accepted by the concerned authorities and he was to pay the bid amount in four instalments on the dates specified therein. the plaintiff did not act there upon saying that the agreement has not been made over to him after being duly signed by the competent authority. it is only on 2-8-1966 the agreement .....
Tag this Judgment!Court : Orissa
Decided on : Aug-24-1993
Reported in : AIR1994Ori5
..... not taken note of status of plaintiff and defendant. they are young in age to cover a long distance in their marital lives with a daughter already born deprived of company of mother. she is wife of a lecturer with high hopes of a marital status. lifelong she would be satisfied with rs. 10,000/- only to earn interest ..... not to have remained satisfied that the same is already settled. bare knowledge of hindu personal law would have satisfied him that divorce was unknown before the hindu marriage act, 1955 and only among sudras where a custom was prevalent, there could be a divorce which is an exception. it does not appear that he had even given ..... broken in lieu of money, pw 3 ought to have examined whether the same would be possible without intervention of matrimonial court. he has knowledge that the hindu marriage act is in force. he ought to have been satisfied that custom of divorce by mutual consent without intervention of court is permissible in brahmin community of ganjam district. a .....
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