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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: chennai Year: 1990 Page 1 of about 2 results (0.050 seconds)

Nov 09 1990 (HC)

Commissioner of Income-tax Vs. Nalli Silk Emporium and Another

Court : Chennai

Decided on : Nov-09-1990

Reported in : [1991]192ITR79(Mad)

..... partnership, the provisions of the indian partnership act shall be applicable. in other words, there is, under the terms of the partnership, no contract to the contrary, as envisaged in section 42(c) of the indian partnership act. section 42(c) of the indian partnership act provides that, subject to contract between the partners, a firm ..... is dissolved by the death of a partner. we have already pointed out that there is no contract contra and, by the force of the operation of section 42(c) of the indian partnership act, on the death of one of the partners on august 4, 1973, the firms stood dissolved. ..... treat the firm as continuing notwithstanding the death of a partner, the partners have no option to treat the firm as continuing. under the indian partnership act, 1932, the firm gets dissolved and the income-tax officer is not entitled to ignore this consequence. there is nothing in the language of ..... provisions in the deed of partnership as well as the impact of the relevant legislation on partnerships such as section 42(c) of the indian partnership act. we are, therefore, unable to countenance the argument of learned counsel for the revenue that the assessee should be held bound by its ..... sets at large the contractual obligations entered into by individual partners at the time of the formation of the partnership and renders them free. our attention has not been drawn to any provision of the act which compels us to depart from the well-understood concepts in the partnership law for .....

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Oct 31 1990 (HC)

Rampal Singh Vs. the Management of Central Institute of Plastic Engine ...

Court : Chennai

Decided on : Oct-31-1990

Reported in : (1991)358MLJ1

..... arbitrarily and in its dealings with the public would be liable to judicial review.similarly, in the judgment reported in mahabir auto stores v. indian oil corporation : [1990]1scr818 , the supreme court held that the indian oil corporation which is also a commercial undertaking to satisfy the definition of 'state' contained in article 12 of the constitution of india.15. ..... and after analysing the objects and memorandum of association of the said authority, ultimately reached the conclusion as hereunder:we have several cases of societies registered under societies registration act which have been treated as 'state' but in each of these cases it would appear on analysis that either governmental business had been undertaken by the society or what ..... .4. the 'central institute of plastics engineering and tools' referred to in this judgment as 'the first respondent society' is admittedly a society registered under the societies registration act, 1860 and came into existence in the year 1968. since the memorandum of association and rules and regulations have been ordered to be an annexure to the order in the ..... existence is independent of the statute by the provisions of which they are governed. according to the requirements of law, certain institutions like co-operative societies after their formation are required to be registered in accordance with the provisions of the co-operative societies act. it cannot be said, by any stretch of imagination, that the society so registered under the .....

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