Court : Mumbai
Decided on : Apr-10-1992
Reported in : AIR1993Bom30; (1992)94BOMLR541; 1992(2)MhLj1260
..... we, therefore, cannot accept that the exclusive right of the plaintiff no. 1 purushottam in the asset which is brought into partnership will survive even after formation of the partnership. the answer to the question posed would be in the negative. the decree passed cannot therefore be maintained in favour of the plaintiff ..... 9. it would be worth-while to reproduce section 69(2) of the indian partnership act, which deals with the effect of non-registration. it reads as under: '69(2). no suit to enforce a right arising from a contract shall be instituted in a court by or on behalf of a firm against ..... effect from 1-1-1980. the suit claim being one of the assets of the partnership firm it was joined as plaintiff no. 2. after formation of the partnership the plaintiff no. 1 purushottam became the partner of the firm. the plaint is signed by plaintiff no. 1 as an individual ..... down therein are also inapplicable. 12. for deciding the aforesaid question the relevant provisions are to be found in sections 14 and 15 of the indian partnership act. section 14 deals with the property of the firm. it stipulates that the property of the firm will include all property, rights and interest ..... reading of the plaint it is clear that whatever transactions which took place between the parties were prior to the formation of the partnership firm. what requires to be looked into is, whether after formation of partnership the exclusive right of the plaintiff no. 1 which he had in assets still survives. if the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Mar-31-1992
Reported in : (1992)41ITD475(Kol.)
..... of decision sought to be drawn by the learned departmental representative.apparently this argument overlooks that under section 40 of the indian partnership act, 1932, a firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners. in the present case this is precisely what had happened. the old firm of four partners was ..... was registered with the registrar of firms on 17-12-1987 and intimation of the dissolution of the old partnership of four partners and the formation of a new partnership was also given to the manager, indian overseas bank, sonapatti branch, calcutta. the new partnership firm of three partners was also granted a textile licence by the directorate of textile, government of ..... seen from the receipt at page 2 of the assessee's paper book as well as the intimation given by the said new partnership to indian overseas bank about the dissolution of the old firm and the formation of the new firm, which had taken over the liabilities and assets of the old partnership firm. the licence granted by the directorate of ..... facts clearly establish that it is not a case of mere change in the constitution of the firm, but a case of complete dissolution of the old partnership and the formation of a new partnership after such dissolution. in other words, it is a succession of the old firm of four partners which was dissolved on 21-10-1987 by a .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-25-1992
Reported in : (1992)104CTR(All)282; 200ITR461(All)
..... whether the death of a partner resulted in the dissolution of the firm.12. now, under section 42(c) of the indian partnership act, the death of a partner automatically brings about a dissolution of the firm unless there is a contract to the contrary, namely, that the death of a partner shall not affect the continuity of the firm. this much follows ..... is no clause in the deed of partnership which envisages that on the death of a partner, the firm shall not result in its dissolution. as already noticed, if the formation of the new firm is preceded by a dissolution of the erstwhile firm on account of the death of a partner, it would be a case of succession covered by ..... not contain any stipulation to the effect that the firm will not dissolve on the death of one of the partners, but, by virtue of section 42(c) of the indian partnership act, 1932, the firm stood dissolved, the firm which took over the business after the dissolution of the erstwhile firm, could not be said to be a reconstituted firm and ..... dissolution of the firm. in cit v. seth govindram sugar mills : 57itr510(sc) , the supreme court while commenting upon section 42 of the indian partnership act ruled (at page 515) :'section 42(c) of the partnership act can appropriately be applied to a partnership where there are more than two partners. if one of them dies, the firm is dissolved ; but if .....Tag this Judgment!
Court : Chennai
Decided on : Dec-16-1992
Reported in : 84CompCas932(Mad); (1993)IMLJ483
..... for the reason that there has been no examination by the learned single judge of the question falling under sections 64 and 65 of the indian contract act, and exceptions to the rule, in pari delicto potior est conditio defendentis and whether the plaintiff and the defendant are in pari delicto for ..... film co. ltd. , sir george rankin in delivering the judgment of the privy council analysed the various provisions of the indian contract act and held that money received by a party to a contract in part discharge of the consideration due or to become due, though applied for defraying the expenses of carrying out this part ..... defendant, still the law will protect the plaintiff to the extent of the obligations of the defendant as in sections 64 and 65 of the contract act. it is surprising how without asking the defendant whether it notified by registered letter to the plaintiff the causes as contemplated in the agreement, ..... the right to realise the obligations to the extent of the advantages received by the defendant in terms of section 64 or section 65 of the contract act. it appears that, at no stage in the course of the trial, any one took notice of the admitted existence of the agreement between ..... licence and business could be done under it; (2) further as under that rule the parties had 30 days time to intimate the authorities about the formation of the partnership, the firm should be considered to be legally constituted for that period of 30 days. the full bench observed (at page 241) .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-25-1992
Reported in : ILR1992KAR3148
..... impugned orders appointing administrators and also to test the constitutional validity of the change made to the format of the act?3) is act 1 of 1992 beyond the competence of the state legislature?4) is the amended act with particular reference to section 8(1)(c) thereof so arbitrary and capricious needing to be ..... as follows:-'democracy is based on the active and intelligent interest of the people in their national affairs and in the elections that result in the formation of government.'(at page-80 of the book 'nehru's thoughts of national topics' by sri n.n.chatterjee.)in the endowment lecture recently delivered ..... appearing for the state and his companion counsel appearing for some of the administrators contend that the amendment had done very little to change the format of the legislation itself and as a matter of fact there is nothing new or startling about it so as to let loose a cascade of ..... challenged as being ultravires of not only the statute but also the constitution, it now becomes necessary to determine and set out the actual format of the controversy in the form of issues or points arising for consideration and i deem it appropriate to formulate them as follows:1) can ..... or officer can or should be allowed to step in. reference in this connection is made to the preamble to the constitution which to every indian who believes in freedom, liberty and dignity of the person is indeed the veritable song celestial ensuring the traverse of democracy found the clock throughout .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-15-1992
Reported in : AIR1992SC803; (1992)2CompLJ50(SC); (1992)101CTR(SC)386; 195ITR81(SC); JT1992(1)SC140; 1992(1)SCALE65; 1992Supp(2)SCC567; 1SCR57
..... applicable for assessment year 1983-84 onwards in all cases. it does not contain even a reference to section 80-o and so its applicability cannot depend on the formation of the contract subsequent to that date or to the date of its approval under the latter section being after that date. thirdly, the approval which otherwise qualifies the assessee for relief ..... authority under the government for any other purposes.20. it may be mentioned that even while the assessee's applications for approval to the kharkh & diwaniya contracts were pending, the finance act, 1982 had amended the act to insert section 80-hhb with effect from 1.4.1983.21. this amendment compelled the assessee to send a letter to the c.b.d ..... . the technical know-how and services will be rendered by us through our qualified experienced and skilled engineers, scientists and technicians, for that purpose, a strength of about 1,800 indian en-gineers, technicians and semi-skilled labours will be inducted.6. does the agreement provide for supply of technical know-how or rendering of any services other than those covered ..... . 110 to 112 of 1987 (reported in : 185itr178(delhi) answering, against the assessee, the following questions of law referred to it under section 256 of the income tax act, 1961 ('the act') :1. whether on the facts and in the circumstances of the case the tribunal is right in holding that the income arising from the activities pursuant to the seven .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-27-1992
Reported in : AIR1994Guj104; (1993)2GLR1460
..... declared by a competent court to be invalid in law, the payment of tax already made is one made under a mistake within section 72 of the contract act and so the government to whom the payment has been made by mistake must in law repay it. in this respect, the high court has in ..... far as outward traffic of cement is concerned, paragraph 8.4 is in relation to the traffic to metre guage stations on bhavnagar ami rajkot divisions. the format of the order clearly shows that in the first column, the paragraph number is shown, and the second and the third columns describe the traffic. the ..... the transhipment of salt, withwhich i am not concerned to this petition.that order purports to have been passedunder section 27a of the indian railways act,1890 (ix of 1890) (for short 'the act'). that .general order no. 1 of 1986, though it waspassed by the railway board, it is stated thatthe central government had ..... shah, j.1. this petition under article 226 of the constitution of india is filed by gujarat ambuja cements ltd., a company incorporated under the indian companies act, against union of india, the railway board and the various officers of the western railway. in paragraph 95 of the petition, the petitioner has prayed ..... any effect and further effect of the general order no. 2 of 1989 andto declare the said general orders ultra vires to section 27a of the indian railways act, article 14 and 19(1)(d) of the constitution of india, and general order no. i of 1990 dated 10-5-90 and any further .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-03-1992
Reported in : 1993(2)BomCR301
..... save taxes, they could not be and were therefore not informed of the antedating being a device to defraud the revenue. section 23 of the indian contract act, 1872, specifies the different categories of unlawfulness affecting the consideration or object of agreements. one such category is where the court regards it as opposed ..... claims for mean profits or arrears of rent in respect of the property claimed or any part thereof; (b) claims for damages for breach of any contract under which the property or any part thereof is held; and (c) claims in which the relief sought is based on the same cause of action; ..... to the said agreement. plaintiff relies on a statement in the same authority at page 86 which speaks of the stigma of voidness attaching to contracts of a fraudulent nature to defeat the rights of third parties. but it is not as if the entire transaction recorded in ex.j is ..... agreement of which the object or consideration is unlawful is void. the word 'object' would mean the purpose and design which is the object of the contract, if it is opposed to public policy which tends to defeat any provision of law or purpose of law, it becomes unlawful and thereby it is ..... void under section 23 of the contract act. section 23 is concerned only with the object or consideration of the transaction and not the reasons or motive which prompted it..... certain objects of contract are forbidden or discouraged by law, though all other requisites for the formation of a contract are complied with, yet if .....Tag this Judgment!
Court : Karnataka
Decided on : May-26-1992
Reported in : AIR1993Kant247; 1992(2)KarLJ437
..... of the sale of land under the agreement, viz., the annexures d-7 to d-11 which go to show that the defendants have acted upon the contract and on change of the name of the firm as r. k. associates, the defendants have issued receipts in favour of plaintiff viz., ..... remain in possession of the defendants, they agreed to permit the purchaser, its agents, representatives, contractors, workers employed in connection with their survey. formation of lay-out, develop the schedule property into the lay-out to enter upon, to undertake developmental work at their cost such as providing stones ..... wall around the schedule and to dig up construction work in that behalf, formation of road, drains, laying water pipes etc. several works have been carried out as per the agreement by the defendants. it is seen from ..... also provided that the plaintiff could be permitted and allowed by the defendants to enter the lands agreed to be sold in connection with the survey, formation of the layout, development of the property by engaging agents, contractors, workers; to enclose the property with stonewall; to take up construction work to ..... 18. yet another decision has been relied on by mr. s. g. sundaraswamy, learned senior counsel appearing for the plaintiff, reported in indian oil corporation v. sanjay agarwal, : air1985all276 . in the said case, the temporary injunction granted by the trial court in an application under section 20 .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-10-1992
Reported in : (1992)2CALLT434(HC),96CWN941
..... more male issues that the coparcenary is first formed. in the previous editions of this book the author had stated: the formation of a coparcenary does not depend upon any act of the parties. it is a creation of the law. it is formed spontaneously on the death of the ancestor. ..... in its discretion, so adjudge it and order it to be delivered up and cancelled.(2) if the instrument has been registered under the indian registration act, 1908 the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered, and such ..... case. it is necessary to see how far such an argument is tenable.26. we have already briefly referred to the scheme of the act. the act purports to prohibit benami transactions and the right to recover property held benami. 'benami transaction' has been defined as a transaction in which property ..... consideration. evidently, therefore, a sham transfer without any consideration is not a 'transfer' within the meaning of a benami transaction. section 3 of the act refers plainly to a benami transaction. the marginal note of the section is 'prohibition of benami transactions'. the marginal note of the section 4 on the ..... effected is called 'benamidar'.'-article 604, page 589, 16th edition.28. in the definition of a benami transaction in the benami transactions (prohibition) act, 1988 the intention of the transfer is immaterial and subject to the provisions of sections 3 and 4 a benami transaction is prohibited and unenforceable either .....Tag this Judgment!