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Judgment Search Results Home > Cases Phrase: indian partnership act 1932 section 17 rights and duties of partners Court: kolkata Page 1 of about 65 results (0.083 seconds)

Jan 12 1938 (PC)

Moolji Sicka in Re [No. 2].

Court : Kolkata

Reported in : [1938]6ITR234(Cal)

..... firm' would suggest a change in its partners but not a change in the proportion in which the partners divide the profit. some help is obtained from the provisions of the partnership act, 1932. section 17(a) of that act says;-'subject to contract between the partners where a change occurs in the constitution of a firm, the mutual rights and duties of the partners in the re-constituted firm remain the ..... in the personnel of the firm that, is a change in the persons who are partners in the firm.in my opinion there was no change in the constitution of the firm on december 17th, 1931 within the meaning of section 26(1) of the indian income-tax act. consequently section 26(1) has no application to this particular case. the result is that the ..... during the accounting year. if section 26(1) applies then the assessee would be chargeable to tax on the basis of ..... the deed referred to was in operation during the year of assessment. the assessment was made on december 2nd, 1932.the question is whether in the facts and circumstances stated and on the true construction of section 26(1) of the indian income-tax act the assessee should be chargeable to tax on the basis of his share of the profits which he had .....

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Apr 27 2017 (HC)

Monojit Das Vs. Sujit Roy Chowdhury and Anr.

Court : Kolkata

..... alleged expulsion of the petitioner from the firm is violative to clause 27 of the deed of partnership and section 33 of the indian partnership act, 1932; (vi) whether the partnership firm has been dissolved on delivery of notice dated 22.11.2016 of the petitioner issued under section 43 of the indian partnership act, 1932; (vii) whether the respondents are liable to pay the capital of the petitioner in the ..... registered. learned counsel tried to contend that the petitioner being a partner of the firm could not maintain ..... of the petition. (i) whether the respondents have violated the general duties of the partners in operation the business account of the firm, avoiding the petitioner, in violation of the clause 17 of the deed of partnership, wherein it has been clearly mentioned that the account shall be operated by the partners jointly; (ii) whether the respondents have misappropriated funds from the business ..... the firm avoiding the petitioner; learned counsel for the respondents took a most worthless point based on section 69 of the partnership act. it enacts that unless the firm is registered and shown to be so in the register of firms a partner does not have a right to institute a suit against the firm or any other person. admittedly, the firm is not .....

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Apr 11 2000 (HC)

Mahendra Kumar Poddar Vs. Bansal Builders and ors.

Court : Kolkata

Reported in : AIR2001Cal58,2001(2)ARBLR62(Cal)

..... under section 8 of the act as handed over to court, i find the arbitration clause which is as follows :'15. all disputes and questions whatsoever which shall arise during the partnership or afterwards, between the partners or their respective representative or between one partner and the representative of the other partner relating to the business of affairs of the firm or the rights, duties ..... that the declaration of dissolution of the firm can also be decided by the arbitrator and in such case the word 'court' under section 44 of the indian partnership, act, 1932 includes arbitrator.31. therefore, the dispute of dissolution of partnership firm can also be raised before the arbitrator.32. thus the application fails.33. however, no order is passed as to costs.34 ..... by the arbitrator similarly the dissolution of a partnership firm cannot also be decided by an arabitrator.16. according to the petitioner that the dispute before the arbitrator pestulates what can be referred to the arbitrator is only the dispute or matter which the arbitrator is competent or empowered to decide.17. he further cited a judgment reported in : ..... [1999]1scr89 ( sundram finance ltd. v. nepc india ltd.) by saying that the provisions of arbitration and conciliation act. 1996 is very different from the arbitration act, 1940 and to be construed as uninfluenced by the principles underlyingin 1940 act. section 8 of the new act is not in pari .....

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May 19 1959 (HC)

Abdul Razaak Vs. MashiruddIn Ahmed

Court : Kolkata

Reported in : AIR1959Cal660,63CWN766

..... alia that the supply of 5 lacs 84 thousand and 8 hundred bricks, as made by the defendant, was on behalf of the partnership and out of the partnership assets, and, in any event, under sections 16 and 17 of the indian partnership act, the benefit of that supply also would enure to both parties and the defendant was liable to account for the same to the ..... partnership between the parties was an unregistered one, and, prima facie, therefore, section 69, sub-section (1) may nit the present suit, we are fully satisfied that it is saved by the third sub-section to the said section. the said sub-section (sub-section 3) is inter alia in these terms:'the provisions of sub-sections (1) and (2) shall not affect (a) the enforcement of any right ..... , the defendant's appeal must fail.10. on the plaintiffs cross-objection it is enough to say that, on the materials before the court, the learned subordinate judge was entirely right in refusing to accept the plaintiff's case that there had been settlement and adjustment of accounts between the parties for the period 7th pous 1356 b. s. to bhadra ..... to sue for the dissolution of a firm or for accounts of a dissolved firm ..........'the suit for dissolution of firm, contemplated in the above sub-section, is comprehensive .....

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Feb 17 1964 (HC)

Sunil Krishna Paul and Other Vs. Commissioner of Income-tax, West Beng ...

Court : Kolkata

Reported in : [1966]59ITR457(Cal)

..... produces returns and divide this return according to respective interest, does not make them partners. as regards sharing the profits within the meaning of section 4 of the indian partnership act, a mere common interest will not make a partnership unless there is a common business. it is indeed true that a right to participate in the profits of trade and business is a strong test of ..... and indefinite import and connotes something which occupies attention and labour of a person for the purpose of profit. the word means almost anything which is an occupation or a duty requiring attention as distinguished from sport or pleasure and is used in the sense of an occupation continuously carried on for the purpose of profits. a concern by reason of ..... a partnership within the meaning of the partnership act, 1932. accordingly, it seems to us that the principles enunciated in the aforesaid decision do not apply to cases governed by the provisions of section 4 of the indian partnership act. section 6 of this act provides that in determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in .....

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Jan 15 1951 (HC)

Sm. Lilabati Rana Vs. Lalit Mohan Dey and ors.

Court : Kolkata

Reported in : AIR1952Cal499

..... other partners of his intention to dissolve the firm.(2) the firm is dissolved as from ..... 1943, by the plaintiff dissolving the partnership, but such a notice, even if proved, was not sufficient in law.6. reliance is placed in this connection on the provisions contained in section 43 of the indian partnership act, 1932, which is in the following terms:'43. (1) where the partnership is at will, the firm may be dissolved by any partner giving notice in writing to all the ..... . when the managing member of a joint family enters into a partnership business with a stranger, the other members of the family do not, however, 'ipso facto' become partners in the business; the members of the joint family are not clothed with the rights and obligations of a partner, as defined by the indian partnership act. the authorities are now clear that'in such a case, the ..... evidence adduced in the case. this aspect of the case also has been overlooked by the courts below.17. on the question of fact whether lalit was a partner in the joint business or not, and if so, what was his share in that partnership, the decision has been influenced to a great extent by the omission of the court of appeal below .....

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Jun 15 1960 (HC)

Pannalal Paul and ors. Vs. Sm. Padmabati Paul and ors.

Court : Kolkata

Reported in : AIR1960Cal693,64CWN816

..... the property of the firm applied in payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners according to their rights. section 48 of the indian partnership act provides for the mode of settlement of accounts between the partners and for the order of the application of the assets of the firm on its dissolution. sub-clause (b) of ..... , in the first instance, in paying the debts of the firm to third parties. every partner has the right as against the other partners to insist that the assets of the dissolved firm be applied in accordance with the provisions of sections 46 and 48 of the indian partnership act. each partner has for that purpose a general lien over the assets of the dissolved firm. by the ..... of fact. the appellants cannot be allowed to raise a new question of fact for the first time in this court. 10. mr. sen next contended that it was the duty of the arbitrator to answer the several issues raised by him specifically and that he misconducted himself, particularly in not answering issues nos. 4, 6, 7, 11, 13 ..... , 17 and 19 relating to the valuation of the assets and liabilities of the firm. i am totally unable to accept this contention. the arbitrator is not bound to make a .....

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Sep 03 2014 (HC)

A.B.P. Pvt. Ltd. Vs. Mrs. Jyoti JaIn and anr.

Court : Kolkata

..... partnership. a partner of a dissolved partnership firm will continue to remain liable in absence of a public notice ..... january 2, 2001. the defence of the defendant no.1 that, the dissolution of the partnership firm on november 1, 2000 with her coming out of the partnership does not help her in view of section 45 read with section 72 of the indian partnership act, 1932. section 45 of the indian partnership act, 1932 requires a partner of a dissolved partnership firm to issue public notice with regard to 3rd parties transacting with the ..... guarantee is rightly answered by the witness of the plaintiff by stating that, the plaintiff was looking at the volume of business. mayo pharmacy (supra) relates to a suit for recovery of money on the strength of promissory notes. the defendant claimed retirement from the firm which issued the promissory note. in such context, sections 45 and 72 of the indian partnership act, 1932 came to .....

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Jan 06 2003 (HC)

Steel Authority of India Ltd. Vs. Durga Crane and anr.

Court : Kolkata

Reported in : (2003)2CALLT122(HC)

..... tender form itself and also on the provisions of section 47 of the indian partnership act, 1932, to come to a finding that even if the partnership firm stood dissolved on account of the letter written by shri bansal on 6th february, 1992, the authority of each partner to bind the firm and other mutual rights and obligations of the partners continue, notwithstanding the dissolution so far as it ..... company had not been formerly informed that the partnership had been dissolved giving rise to a situation contemplated in section 47 of the indian partnership act, 1932. it is also to be seen whether in view of the provisions of section 47 of the aforesaid act, the petitioner company could have terminated the contract without ascertaining as to whether the other partner was ready and willing to complete the ..... there were no materials before the learned arbitrator which justified the awarding of a sum of rs. 6,32,500/- on account of the alleged profit for 371/2 months.17. reference was then made to the decision of the hon'ble supreme court in the case of rajasthan state mines and minerals ltd. v. eastern engineering enterprises, : air1999sc3627 , where among .....

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Dec 23 2009 (HC)

The Registrar of Firms, Societies and Non-trading Corporations and anr ...

Court : Kolkata

..... wholesaler.4. at the time of hearing of the application before the learned single judge, it was argued on behalf of the appellants that under the provision of section 4 of the indian partnership act, 1932 unless a firm had started carrying on business, the same could not be registered and in the present case the undisputed position being that the writ-petitioners have not ..... of the proposed business may not be illegal, yet, as pointed out by section 69 of the act, neither any suit to enforce any right arising out of a contract or conferred under the act at the instance of a partner against the firm or other partners shall lie nor shall such unregistered partnership be entitled to file a suit against a third party with whom it ..... creates a lot of impediments in the smooth running of the proposed business as pointed out in section 69 of the act.13. section 58 of the act discloses the mode of making application for registration and section 59 casts a duty upon the registrar to register a partnership after being satisfied that the requirements of section 58 are complied with by the applicants. a plain reading of ..... by agreement and the object of section 58 of the act is to register such agreement by keeping note of the particulars of the agreement arrived at by the parties for the benefit of the partners as well as third parties who propose to deal with such firm.17. the other submission of mr. mukhopadhyay that the partnership deed is yet to be final is .....

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