Court : Gujarat
Decided on : Sep-02-2003
Reported in : (2003)3GLR2595
..... right and share in the partnership firm in favour of any one, and if he/she does so, his/her such an act shall not be binding to the firm. (ii) the second document shown by the learned counsel for the petitioners is the certificate of registration exh. 14 which is dated 4th october, 1990. as per the provisions of section 68 of the indian partnership act, 1932 ..... of registration has been placed on record of the trial court at exh. 44. as the petitioner is one of the partners, the statements made in the partnership deed are binding on all the partners under section 68 of the partnership act. if the partnership firm incurs losses, then the loan advanced from any institution or the money borrowed from any firm could have been recovered from ..... by the petitioner no.1. those bills could have been signed by the partner who had prepared the same. the bills might have been prepared by some servant on duty and signed by the defendant no. 1. even if such bills have been prepared by any of the partner or some other person and issued by the petitioner no.1 by signing it ..... and remaining amount of profit or loss shall be distributed amongst all the five partners in the following proportions. name profit/loss 1. popatlal vadilal bhansali 20% 2. dilipbhai bansilal chokshi 29% 3. kantaben bansilal chokshi 17% 4. naynaben vinodchandra chokshi 17% 5. alkaben jagdischandra chokshi 17%clause-8 of the partnership deed says that necessary bank account and shroff account shall be opened in .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-04-2003
Reported in : AIR2004Guj102; (2003)3GLR2563
..... transaction was in contravention of section 23 of the indian contract act. he has submitted that evidence of plaintiff no. 2 shows that there was partnership between plaintiff no. 1 and plaintiff no. 2. however, partnership is not registered and no suit can be entertained at the instance of unregistered partnership. finally he has submitted that ..... to the alteration, any obligation, convenant or promise thereby undertaken or made. it has also explained that a material alteration is one which varies the rights, liabilities, or legal position of the parties, as ascertained by the deed in its original state or otherwise varies the legal effect of the instrument ..... forwarded to defendant no. 2 as also to dhirubhai kalidas mistry, sureshbhai prajapati and mahendrabhai dayabhai patel, who are defendants nos. 18, 6 and 17 respectively in the suit. he has, therefore, submitted that when the suit land was intended to be sold to these defendants, there was no question ..... dated 25th march, 1979 but the cheque was withdrawn and cash amount was paid at the instance of defendants nos. 1 and 2 and thereafter, rs. 17,000/= on 25th february, 1980 and rs. 2,000/= on 24th march, 1980 in cash. thus, according to the plaintiffs, at the time of ..... , 9, 10, 11, 12, 13, 14 and 15; whereas first appeal no. 1118 of 1984 has been filed by original defendants nos. 16, 17, 18 and 19. these appeals have been filed by them for challenging the judgment and decree dated 27th march, 1984 passed by the learned 3rd joint civil .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-04-2003
Reported in : (2003)2GLR1522
..... to be one between firms, a hindu undivided family business and an individual as a firm required registration. it was noticed that the word 'persons' in section 4 of the partnership act contemplated only natural or artificial i.e. legal persons and a firm is not a 'person'. therefore, it has been held that to import the definition of the word 'person' ..... of persons known as co-owners will have to be regarded as a person within the meaning of section 2(21) of the ceiling act, because co-owners are recognised by law and they have capacity to possess rights and are subject to obligations and duties. in agarwal trading corporation v. assistant collector of customs : 1973crilj474 , it is held by the supreme court that ..... m. m. ipoh v. i.t. commissioner, madras : 67itr106(sc) , the supreme court noticed that the expression 'person' as defined in section 2(9) of the indian income tax act, 1922 included a hindu undivided family and a local authority, and has while construing said expression, ruled that, when the definition is inclusive, resort may appropriately be had to the ..... general clauses act to ascertain the meaning of the expression 'person' in the said decision it is held that a firm is a 'person' within the .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-04-2003
Reported in : (2003)3GLR1899
..... act 1987 (identical to section 17 of the erstwhile t.a.d.a. act, 1985 and present section 49(6) & (7) of p.o.t.a.. (iii) section 16(1) of t.a.d.a. act, 1985 (identical to section 19(1) of the erstwhile t.a.d.a. act, 1987 and similar to section 34(1) of the p.o.t.a.) confers the right ..... , 328, 438, 320, 307, 120b and 153a of indian penal code read with sections 141 and 150 and 152 of the indian railways act read with sections 3 and 4 of the prevention of damages of public property act and also under section 135 of the bombay police act. on completion of the investigation qua the present petitioners and ..... number of persons, if have been arrested and charge-sheeted and only because of the charge-sheet is either under sections 147, 148 and 149 and/or 120b of the indian penal code, bail plea of each such persons arrested should not be thrown away and the court is supposed to ..... court to hold him guilty of the offences allegedly committed qua the passengers travelling in sabarmati express train or committing destruction of the property of indian railways. it is categorically averred by the petitioner that this witness murlidhar knows the petitioner well and is also aware about his full name ..... contended that the officers serving with the indian railways and of railway protection force (r.p.f.) and gujarat railway police are residing in the neighbourhood of the petitioner. he is running a business in the name and style of awkar dinning hall-a partnership concern and he is also the proprietor .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-14-2003
Reported in : 129TAXMAN80(Guj)
..... to every businessman, industrialist, government servant, private employee, contractor & engineer, government minister, politician, limited company, partnership, doctor, lawyer, actor, film wallahas, tax practitioner, chartered accountant and indian or foreign citizen. in non-technical and easily understandable english-(income tax; wealth tax; gift tax : estate duty)'. the book is entitled 'tax planning for secret income (black money)', below which, it is written, 'tax ..... to commit breach of the rules of discipline would be incitement. to commit an offence and therefore, the restrictions imposed against the right of freedom of speech from inciting an offence spoken of in section 145 of the bombay police act, 1951 would be well protected by clause (2) of article 19 of the constitution. (see paragraph 20 of the judgment).(l) ..... that it was an advice which was meant actively to suggest or stimulate the commission of an offence. advice per se cannot necessarily be instigation within the meaning of section 107 clause (1) ipc.(k) the decision of the supreme court in l.d. jai shinghani v. naraindas m. punjabi : air1976sc373 was cited for the proposition that, in a case ..... the purpose to explain the source in corruption charge, as no source is to be inquired in the case of the donor or the person who has sent for custody.'17. the findings of the council in the present case are based on the nature of the writings contained in the book authored by the respondent and printed and published .....Tag this Judgment!
Court : Gujarat
Decided on : May-03-2003
Reported in : (2003)184CTR(Guj)27; 264ITR453(Guj)
..... questioned in any court' it will be seen from this clause that the trust was discretionary trust and the beneficiaries shares were not specified. the deed specifies the powers and duties of the trustees in detail and thereafter reserves the power of revocation, in clause (15), which is reproduced hereunder : '15. these presents shall remain irrevocable for a period of six ..... creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property; xxxxxx transfer of property act, 1882. '5. 'transfer of property' defined : in the following sections 'transfer of property' means an act by which a living person conveys property, in present or in future, to one or more other living persons ..... transfer of more of subordinate rights or interest in the property.9. a gift may be made by the equitable machinery of a trust and the trust is perfected when the settlor either constitutes himself as a trustee or transfers the trust property to the trustees. this is clear from the provisions of section 6 of the indian trusts act, 1882, which provides that .....Tag this Judgment!