Court : Orissa
Decided on : Nov-05-1960
Reported in : AIR1961Ori188; [1962]32CompCas908(Orissa)
Narasimham, C.J.1. This is an appeal under Clauses 4 and 6 of the Orissa High Court Order, 1948 read with Clause 10 of tile Letters Patent of the Patna High Court against the decision of the Company Judge (late Rao, J.), in Company Act Case no. 2 of 1955 directing the appellant, to rectify the Share Register by incorporating the name of Respondent No. 1 (State of Orissa) as the holder of Shares Nos. 1 to 7500. The order was passed under Section 38 of the Indian Companies Act, 1913 (Act VII of 1913 hereinafter referred to as the Act). The judgment of Rao, J. was delivered on 22nd November, 1956. But on 13th September, 1957 he passed a further order under Section 39 of the Act directing the appellant to give notice of the rectification to be filed with the Registrar within a fortnight from, that date. The appellant has also challenged the jurisdiction of the Company Judge to pass the order alleging that his order dated 13th September, 1957 was in the nature of a supplementary order not c...
Tag this Judgment!Court : Orissa
Decided on : Dec-14-1960
Reported in : AIR1961Ori180
R.K. Das, J.1. This appeal is directed against the decision dated 29-9-56 of Shri P. C. De, Additional District Judge, Berhampur granting Letters of Administration with Will annexed in favour of the respondent in respect of the estate of one Annapurna Debi.2. Deceased Annapurna Debi, the testatrix by her last will dated 13-10-52 gave away all her move-able and immoveable properties to her younger brother, Vaisya Raju Laxman Murty Raju, the respondent in this appeal. The testatrix who was married to Kotini Madhusudan Subudhi left her husband's home: sometime prior to her deadi and came to her father's house at Konaiput where she executed this Will just two days prior to her death. The respondent filed an application u/s. 278 of the Indian Succession Act in the Court of the District Judge, Ganjam to prove the Will and to obtain necessary Letters of Administration.3. The application was first opposed by Kotini Madhusudhan Subudhi, the husband of the testatrix and, after his death, by the ...
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