Court : Orissa
Reported in : AIR1962Ori202
..... . the principles laid down in the said english decision have been followed and reiterated by the courts in india. in the matter of richardson and cruddas ltd., life insurance corporation of india v. haridas mundhra, air 1959 cal 695: 63 cal wn 439 the calcutta high court held that the powers of the court under section 402 of the companies act are very wide; the court may make any order for the regulation of the conduct of the company's affairs upon terms and conditions, as may ..... resolution no. 4 mentioned in the notice for the extraordinary general meeting to be held on september 21, 1960. it was immediately, after the petitioner received the notice, that he filed the present application under sections 397, 398, 402 and 403 companies act, 1956 on september 14, 1960, on the said application an order of interim injunction was made by this court restraining the company and the rival groups from proceeding further with the said issue and allotment of the said one lakh equity shares as aforesaid ..... have the strongest objection to an ordinary voluntary winding-up, which is something more than a winding-up for the limited purpose of a reconstruction, and accordingly the teamed judge came to the conclusion that there was no valid winding-up in existence. 43. the same view was also reiterated in another english case in re bridport old brewery co., (1867) 2 ch. a,.191 where notice was given of an extraordinary meeting of shareholders in a company 'for the purpose of considering, and, if so .....
Tag this Judgment!Court : Orissa
Reported in : AIR1967Ori70; 33(1967)CLT944
R.K. Das, J. 1. This is an appeal by defendants 1, 2 and 3 against the affirming judgment of the Additional Subordinate Judge. Puri arising out of a suit for partition.2. Bharat had two sons. Parikhit (defendant 1) and Chakra the husband of the plaintiff Kaviraj and Gopal defendants 2 and 3 respectively are sons of Parikhit Defendants 4 and 5 are purchasers from Parikhit in respect of Kha schedule properties: Plaintiff who is governed by the Mitakhara School of Hindu Law, has filed the suit for partition of schedule Ka property claiming an allotment of eight Annas' share out of the same She further prayed for a declaration that the registered sale-deeds executed by defendant 1 on 2-1-1958 in favour of defendants 4 and 5 in respect of Kha Sch. properties and the sale-deed dated 2-12-55 executed by defendant 1 in favour of his two sons, defendants 2 and 3 in respect of Sch. Ga properties are not binding upon her, as they are not for consideration and legal necessity.3. The specific case ...
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori241; 35(1969)CLT696
Barman, C. J.1. The point involved in these matters is whether the Board of Revenue has jurisdiction to entertain second appeals from an order of the Collector under Section 9 of the Orissa Estates Abolition Act, 1951 (Orissa Act No. 1 of 1952). Section 9 (1) as substituted by Orissa Act XV of 1956, read with the proviso and the explanation is as follows: '9. Appeal against Collector's order under Sections 5, 6, or 7. (1) An appeal against any order of the Collector under Sub-section (4) of Section 3-B, Clauses (h), (i) and (k) of Section 5, Sub-section (1) of section 6 or 7, Sub-section (3) of Section 8 and Sub-sections (3) and (4) of Section 8-A, if preferred within sixty days of such order, shall lie to the Board of Revenue which shall dispose of the appeal according to the prescribed procedure: Provided that if such order is passed by Officer other than the Collector of the district an appeal if preferred within sixty days of such order shall lie to the said Collector, who shall d...
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori68
G.K. Misra, C.J.1. The State ofOrissa through the Secretary, Department of Mining and Geology, is the petitioner. Its case may be stated in short. It is the owner in possession of an area of 462.16 acres of land in village Boula in the district of Keonjhar. The said area contains chromite minerals ores. This area had been held under a mining lease by Sri M.A. Tulloch (hereinafter to be referred to as Tulloch). The term of that lease expired on 1-6-1965. On 27-11-1964 Tulloch applied, for renewal of the lease. By an order (Annexure I) dated 27-5-1965 the application was rejected by the petitioner on the ground inter alia that the State Government had decided not to grant lease of the area to private parties and the same was required for exploitation by the State itself. There was an overall shortage of chromite in the State and it was intended that the ores raised from the area would feed the industries run by the State in the public sector.On 10-6-1965 Tulloch filed a revision petition...
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori33; 38(1972)CLT135
G.K. Misra, C.J.1. Publius Machir Das was working as a Missioner in Children's Special Service Mission, Orissa, on a pay of Rs. 293 per month which included his salary, clearness allowance, house-rent, children's allowance etc. His headquarters was at Baptist Church Lane, Berhampur, in the district of Ganjam. He had gone to Rourkela in the district of Sundargarh on tour on 10-10-1963. At about 11-30 a. m. that day while he was going on a cycle, a Mercedes Benz Truck O. R. O. 2022 came at a very high speed and tan over him by rash and negligent driving. He died instantaneously on the spot as a result of the accident. The vehicle had been insured with Oriental Fire & General Insurance Co., Branch Janpath, New Delhi (hereinafter to be referred to as the Company) (Opposite Party No. 3). The date of birth of the deceased was 13th April, 1905 and he was about 58 1/2 years old at the time of death. The ten claimants are the widow, sons and daughters of the deceased. An application for compens...
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori153; 39(1973)CLT571
S.K. Ray, J. 1. This appeal is by the opposite party No. 2 in a proceeding for determination of compensation by the Claims Tribunal under Section 110-B of the Motor Vehicles Act (hereinafter referred to be as the Act) initiated upon an application filed by respondent No. 1 petitioner under Section 110-A (1) of the Act and is directed against part of the award of the Claims Tribunal saddling the appellant with the liability to Pay Rs. 5,500/- as his share in the total amount of compensation determined at Rs. 10,000/- with proportionate costs. 2. On 22-12-1968 at about 5 p.m. a Taxi bearing No. ORC 913 was involved in a collision with the Truck bearing No. ORM 584 on the National High Way at a distance of 23 kilometres from Balasore. The taxi was proceeding from Bhadrak side towards Balasore and it is stated that the truck was pro-ceeding in the opposite direction. As a result of this collision, the taxi overturned, and its top was almost detached from the body. Three of its passengers d...
Tag this Judgment!Court : Orissa
Reported in : 40(1974)CLT257; (1974)IILLJ115Ori
R.N. Misra, J.1. The Koraput Division of M/s. Hindustan Aeronautics Limited has its establishment at Sunabeda within the district of Koraput under the territorial jurisdiction of this Court. The company is a defence oriented project and its factory at Sunabeda is engaged in the manufacture of aero-engines for the MIG fighter planes, The Regional Director of Employees' State Insurance Corporation (opposite party No. 1) an authority operating under the Employees' State Insurance Act, 34 of 1948 (hereinafter referred to as the Act) required the company to pay the special contribution in terms of Section 73A of the Act and demanded a sum of Rs. 18,919 for the quarter ending 31-3-1972. Prior to the said period, the petitioner. company had already contributed to the tune of Rs. 1,63,898 without knowing its liability. Armed with a decision of the Division Bench of the Andhra Pradesh High Court in its support, the company resisted the demand, but when coercive steps were threatened, it has com...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori116
S.K. Ray, J.1. This is an insurer-defendant's appeal from the decree passed in a suit instituted in forma pauperis bythe wife of the assured consequent upon the death of the assured, her husband, on whose life a multipurpose insurance policy No. 10527576 had been effected on 23-12-1961, for recovery of a sum of Rs. 17,800/- in terms of that policy. The assured died of cerebral tumour, pulmonary oedema in S. C. B. Medical College on 4-8-1962. Thereupon, the- plaintiff informed the defendant about the death of her husband by letter dated 12-8-1962 and enclosed all the relevant documents with it.The defendant repudiated the contract of insurance on the ground that the assured had made inaccurate and false statements in the proposal as well as in the personal statement on the basis of which the insurance policy was effected. Thereupon, the plaintiff filed the suit out of which this appeal arises for recovery of a sum of Rs. 17,800/- pursuant to the various terms of the policy of insurance,...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori234
G.K. Misra, C.J. 1. The petitioner was working as a Development officer under the Life Insurance Corporation of India (hereinafter to be referred to as the L. I. C.). On 21-10-1965 certain charges were framed against him under Annexure 1 in a disciplinary proceeding. By Annexure 2 dated 8-11-1965 the petitioner filed his written statement. Enquiry was entrusted to the Assistant Divisional Manager, Cuttack who submitted his report Annexure 6 on 21-11-1966. The Disciplinary Authority (Zonal Manager, Calcutta) issued the second show-cause notice Annexure 3 on 7-7-1967 asking the petitioner to show cause why he should not be dismissed from service. By Annexure 7 dated 11-8-1967 the petitioner showed cause. By Annexure 8 dated 6-1-1968 the petitioner was dismissed from service. On 5-2-1968 he filed a petition of appeal (Annexure 9) to the Managing Director who rejected the same by his order Annexure 11 on 18-3-1968. A memorial to the Chairman, L. I. C. was rejected under Annexure 13 on 26-8...
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori17
P.K. Mohanti, J.1. This appeal is under Section 110-D of the Motor Vehicles Act by the insurer and is directed against the decision of the District Judge-cum-Motor Accidents Claims Tribunal, Balangir, awarding a sum of Rs. 23,460/- as compensation in favour of respondents 1 & 2.2. One Bishnu Prasad Padhi, aged about 52 years, was a licensed stamp vendor at Titilagarh. On 24-9-1973 at about 8 a.m. while he was going on a cycle in front of the Munsif's court at Titilagarh, a truck belonging to respondent No. 7 Dewan Chand Jam, knocked down and ran him over, causing his instantaneous death at the spot. Respondents Nos. 1 and 2 are the son and widow respectively, respondent No. 3 is the daughter-in-law and respondents 4 to 6 are the grandchildren of the deceased. They claimed a total compensation of Rs. 50,000/-. According to them, the accident which resulted in the death of the deceased was due to rash and negligent driving of the truck.3. The owner of the vehicle entered appearance throu...
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