Court : Chennai
Decided on : Nov-11-2003
Reported in : (2004)1MLJ105
..... public notice under this act is given: (a) where it relates to the retirement or expulsion of a partner from a registered firm, or to the dissolution of a ..... registered firm, or to the election to become or not to become a partner ..... when no public notice was given as contemplated under section 72 of indian partnership act, 1932 to bind the third party, viz., the plaintiff/appellant herein? 5.2. i am inclined to refer the relevancy of the public notice contemplated under section 72 of the indian partnership act, 1932 (for brevity 'the act'). section 72 of the act reads as follows: 'section: 72 - mode of giving public notice:- a ..... is correct in allowing the appeal on the ground that the second respondent/judgment-debtor had retired from partnership on 22.6.1996 and attachment was effected on 12.7.1996 when no public notice was given as contemplated under section 72 of indian partnership act, 1932 to bind the third party, viz., the plaintiff/appellant herein? 4.1. question:1 - .....Tag this Judgment!
Court : Chennai
Decided on : Apr-22-2003
Reported in : (2004)IIILLJ811Mad; (2004)3MLJ385
..... and liabilities were to be shared at 50% each. there was nothing mentioned with regard to workmen excepting that other rights of the parties will be governed by indian partnership act. ex. m-20 is the memorandum of settlement under section 12(3) of industrial disputes act. under the said settlement, it was agreed that mettur textiles private limited will continue the services of all the ..... award of the labour court only where there is mis-appreciation of evidence leading to perversity of the decision. but while doing so, the high court should record its reasons. 17. the above-referred judicial precedents of the supreme court are authorities to hold that the high court is not lacking in its power of judicial exercise to interfere with the ..... place to premises no.49, rajaji salai, madras. then, in quick succession, on 15.1.1983, mettur textiles private limited was taken as a partner and a circular to that effect was issued on 15.1.1983 stating that such partnership had come into existence even from 1.1.1983. on 16.3.1983, the management purports to have retired from the ..... decision, then it is for the high court under article 226 of the constitution of india to set right the said error by pointing out the said defects in the decision making process, as otherwise, the high court will be failing in its duty to exercise the jurisdiction where it is warranted thus resulting in miscarriage of justice.15. in m/s .....Tag this Judgment!
Court : Chennai
Decided on : Mar-13-2003
Reported in : (2003)1MLJ781
..... ; that which busies or occupies one's attention and labour as his chief concern; mercantile pursuits; that which one does for a livelihood; occupation; employment (s. 2(b), indian partnership act; - 'calcutta turf club v. secy. of state', air 1921 cal 44 (a); - 'exparte breeull', 1881-16-ch.d.484; - 'a minck v. roshanlal' ..... have been acquired by the state for the purpose of raising full reservoir level of poondi reservoir under krishna water supply project. as already mentioned, section 4(1) notification was on 29.5.1985. no sale transactions are available on record in respect of comparable sale that took place just prior ..... expression has a very wide import and would encompass almost anything which is an occupation, as distinct from a pleasure - anything which is an occupation or duty which requires attention is a business.'(ruling reported in (1884) 27 c.d 71 and halsbury: laws of england, fourth edn., vol.10, pages ..... appeals are,(1) whether fixing of market value at rs.500/- per cent is just, legal and proper ? (2) whether the reference court is right in awarding rs.50/- by way of compensation on the ground that the respondents/land owners have to seek for some other avocation ?6. as pointed ..... function extended over a considerable period of time.' thus, the ordinary meaning to be taken for the term 'business' is 'a trade, occupation, or profession.'17. way back in the year 1954, in : (kesavan nair v. babu naidu) a learned single judge of this court had occasion to explain the term .....Tag this Judgment!
Court : Chennai
Decided on : Apr-10-2003
Reported in : 2004(1)ALD(Cri)859; III(2003)BC479; 2003CriLJ4660; 2003(3)CTC202
..... provision of the indian partnership act which lends support to his thesis that there is an inhibition on the creditor's rights to seek such remedies as the civil procedure code allows for the realisation of the decretal debt from the partners. section 25 of the indian partnership act makes it plain that every partner is liable jointly with all the other partners and also severally for all acts of the firm ..... second petitioner still continues to be a minor, and therefore, they are definitely entitled to the benefit of the provisions of the juvenile justice (care & protection of children) act, particularly, section 17 of the said act, under which any proceeding initiated under chapter viii of the code of criminal procedure is not competent against a juvenile and the ..... falls under these provisions of law, and therefore, an easy decision could be arrived at that the proceeding initiated against the second petitioner is violative of sections 17 and 18 of the juvenile justice (care & protection of children) act, 2000.14. coming to the case of the first petitioner, since the case is registered under the relevant provisions of the n.i ..... the juvenile and the other person.13. no doubt need be entertained that within the meaning of the above provisions of law, i.e. sections 17 and 18 of the juvenile justice (care & protection of children) act, 2000, no juvenile could either be proceeded against in accordance with the procedures established by the code of criminal procedure or have the courts .....Tag this Judgment!
Court : Chennai
Decided on : Jan-08-2003
Reported in : 2003(1)CTC295
..... of execution of the instrument cannot contend that it is a release of rights by co-owners or joint owners, in favour of another co-owner or joint owner, but factually it is a conveyance of the property by the partnership or the partners, who continue in the firm in favour of the petitioner, who ceased ..... of justice. in terms of entry no. 55-a of the first schedule to the indian stamp act, a release deed is an instrument whereby a person renounces a claim upon another person or against any specified property and, therefore, stamp duty of 4% alone has to be paid on the value of the claim released. ..... the instrument in question is not a release, but it is a deed of conveyance and, therefore, the respondent has rightly proceeded and construed the instrument as a deed of conveyance and assessed the stamp duty payable thereof.12. reliance is placed upon the earlier pronouncement of this court in board of revenue & another vs. ..... 2nd respondent in his proceedings pa.mu. no. 72582/e3/93 dated 5.6.95, quash the same and direct the respondent to refund the excess stamp duty collected by the respondents to the petitioner.2. heard mr. r. premkumar, learned counsel appearing for the petitioner and ms. v. velumani, learned additional government ..... at all. they are well founded and the interpretation and construction placed on the instrument as well as the statutory provisions of the indian stamp act is not liable to be interfered.15. in the result, this writ petition is dismissed, but without costs. .....Tag this Judgment!
Court : Chennai
Decided on : Jan-24-2003
Reported in : II(2004)BC218; 118CompCas201(Mad); 2003CriLJ4373
..... of the document itself as contemplated under section 92 of the indian evidence act. when the said document has already been admittedly reduced into writing as contemplated under section 91 of the indian evidence act, in such cases, having stated in the complaint that the petitioners are partners according to the partnership deed, then the complainant ought to have produced the partnership deed. in my opinion, the failure on ..... the trial cannot be said to be interlocutory so as to be outside the purview of the revisional jurisdiction of the high court. 22.in the present case when the rights of the petitioners are decided once and for all it certainly amounts to a final order in relation to that particular issue and consequently a revision is maintainable.23.hence ..... and to lend assurance after coming to a conclusion that the prosecution had no other materials to support their case that they are partners, and since the complainant has averred that the petitioners are partners as per the partnership deed.17.yet another decision of the apex court which supports the claim of the petitioners is the decision made in g. sagar suri and ..... said offences.14.i am conscious of the fact that when prosecution is launched under section 138 nia, there is a rebuttable presumption on the accused and it is for him to establish that he is not liable to pay the amount. however, in my opinion, the duty is cast on the complainant to come out with an averment for which he .....Tag this Judgment!
Court : Chennai
Decided on : Apr-24-2003
Reported in : (2004)186CTR(Mad)291; 264ITR445(Mad)
..... says that it is not her signature it does not mean that she is not a partner to the firm. since the authorities having held that the partnership consists of jayaraman, nalini and susila rajagopal and they have given a declaration under section 184 of the income-tax act and just because nalini disowns, her signature, it cannot be said that she is not ..... nalini are the partners. (b) the allegation against the accused is that a declaration was filed by a-2, on behalf of a ..... order has come to be passed are as follows :'(a) the complainant filed a complaint against the accused for offence under sections 120b, 193, 420, 468 and 471 of the indian penal code and sections 276c and 277 of the income-tax act, 1961. the allegation is that a-1, balaji chit funds is a company of which a-2, a-3 and one ..... a partner. even assuming that the signature of nalini has been affixed by any other person, it cannot be said to be a forgery, unless nalini says that she has not given any consent to that person to affix her signature, as revealed in illustration 'k' of section 463 of the indian penal code. but the statement recorded .....Tag this Judgment!
Court : Chennai
Decided on : Mar-21-2003
Reported in : AIR2004Mad355
..... , 538 and 539 of 1998. the sale consideration paid to the vendor, market value as estimated by the purchaser in the deeds of conveyance, the deficit stamp duty paid under section 42 of the indian stamp act as per the endorsement on the reverse side of the page are as set out as hereunder :-sl. no.doc. no.sale considerationrs.market valuers.stamp dutyrs ..... view of this parties who are proprietors of some priorietorship, institutions, firms, companies are given the option to adopt double the value and pay the stamp duty without reference under section 47-a of the indian stamp act, 1899. 14) regarding para 5 and 6 of the affidavit, it is submitted that the purchaser having given his name as 'mansi mercantile co., having its ..... , which provides that when the registering authority has reason to believe that the market value of the property, which is the subject matter of conveyance, exchange, gift, lease of interim right or settlement has not been truly set forth in the instrument, the registering authority may, for registering such instrument refer the same to the collector for determination of market value ..... registration fee for purchase of properties in the name of partnership firm or a company is levied at the rate of 12% and fees at 1% on the guideline value of property has to be paid. in the circumstances, the petitioner has filed the present writ petition.17. at the time of hearing, a letter from the secretary to government addressed to .....Tag this Judgment!
Court : Chennai
Decided on : Apr-11-2003
Reported in : (2003)2MLJ332
..... and held that respondents 2 and 3 had not established by any tangible proof that they had retired from the first respondent/partnership, that under section 31(1) of the act an application could not be said to be a suit, that the claim was not barred by limitation, that on a ..... instruments, accessories, electrical equipment, fittings and spares, etc. belonging to the first respondent stood hypothecated in favour of the petitioner. james vedachalam, one of the partners, died on 3.1.1989 leaving behind respondents 4, 5 and 6 as his legal heirs, the fourth respondent being his widow, while respondents 5 and 6 ..... pandara sannadhi air 1917 pc 6 : 44 ind app 98. the extracted observation of lord shaw is as follows:'a practice has grown up in indian procedure of those in possession of important documents or information lying by, trusting to the abstract doctrine of the onus of proof, and failing, accordingly ..... and systematic defaulter in repayment of the loan. the petitioner therefore foreclosed the loan by a notice, dt. 21.12.1988 and exercised his right to repossess the hypothecated machinery and sell them by public auction. when the officers of the petitioner went to repossess the hypothecated machinery, they found ..... their case. we have, therefore, to conclude that respondents 2 and 3 had been illegally made liable for the suit claim, after their being released.17. one of the documents produced by the petitioner is ex.a.5, which is a xerox copy of certain pages of the loan ledger. we .....Tag this Judgment!
Court : Chennai
Decided on : Jun-17-2003
Reported in : AIR2003Mad389
..... ) which was obtained by the defendants. that apart, by virtue of ex. d.1, the doctors d-2 and d-3 had the right as well as the duty to perform any such additional operation which were considered as therapeutically necessary in the course of the treatment. d.w. 1 has proved that such ..... he has stated that he was an active partner of the firm, m/s. soma at jaipur; the other partner was one radhakrishnan, a non-resident indian settled in canada; he was looking after the entire business; ex. p.22 dated 15-5-1985 is the deed of partnership; p.w. 2 is entitled to 40 ..... alleged damage done to the plaintiff. if this were to be the basis on which jurisdiction can be created or vested in a civil court, then section 19 would be otiose. when the code, which more or less lays down the substantive law, though procedural in aspect, regarding such matters of jurisdiction, ..... any subordinate court as precedents. the 'orders' passed by the district consumer redressal forum or state commission or national (commission) functioning under the consumer protection act are not binding precedents. these commissions are not courts. all the persons presiding over these commissions are not judges. a retired judge of the high court ..... to file the suit against the defendants in this court. therefore, this court has jurisdiction to try this case, inasmuch as the leave has been granted.17. when such leave (to sue) is granted, the summons to the defendants are to be served. such summons shall contain a notice set out in .....Tag this Judgment!