Court : Punjab and Haryana
Reported in : AIR1963P& H95
..... detailed but that of the learned judge suffered from legal errors which have been set right by the learned single judge. the counsel has in this connection drawn our attention to section 6 of the indian partnership act and submitted that in order to determine whether the requirements of this section are satisfied all facts proved on the record have to be considered together. with this ..... kept to the forefront the essential requisites contained in section 6, indian partnership act, and, therefore, his finding was vitiated by an error of law. here it would be helpful to reproduce section 6:-'6. in determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to ..... bearing the finding given by the court of first appeal is not binding on the high court in second appeal. in this connection, our attention has also been drawn to section 4 of the partnership act which defines the terms 'partnership', 'partner' and 'firm', and it has been contended that it is a question of law to draw an inference of the existence of ..... subject-matter of an alternative case and indeed he goes to the length of submitting that such an alternative plea would offend the provisions of order 6, rule 17, code of civil procedure.17. after considering the respective contentions raised at the bar, i am inclined to think that unless on the material on the record we come to a conclusion that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1998SC877; 1998(2)ALLMR(SC)57; JT1997(10)SC174; 1997(7)SCALE640; (1998)2SCC171; Supp6SCR543
..... the registrar.rule 17. certificate of registration. - where a firm is registered under section 59 of the act, the registrar shall issue a certificate in form 'h'.form 'a'application for registration of firms(see rule 3)we, the undersigned, being partners, hereby apply for registration as a firm and for that purpose supply the following particulars pursuant to section 58 of the indian partnership act, 1932 : --note 1 ..... partners -(a) where a change occurs in the constitution of a firm, the mutual rights and duties of the partners in the reconstituted ..... of a business carried on by all or any of them acting for all.'partner' 'firm' and 'firm-name'persons who have entered into partnership with one another are called individually, 'partners' and collectively 'a firm', and the name under which their business is carried on is called the 'firm-name'.17. rights and duties of partners after a change in the firms. subject to contract between the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2006Bom76; 2006(1)ALLMR417; 2006(1)BomCR36
..... of the firm 'm/s. asian gas agency'. the trial court concluded that the suit was barred by provisions of section 69 of the indian partnership act, 1932.2. the case of the plaintiff as per his averments in the plaint was briefly as follows:that the plaintiff and the defendant were partners of the firm named 'm/ s. asian gas agency'. there were five other ..... and about there being seven partners of this firm. there is however, another point which goes to the root of the matter. under section 69 of the indian partnership act, the suits which are barred by section 69(1) are suits to enforce a right arising out of a contract and to enforce a right conferred by the indian partnership act. we are not concerned with section 69(2) of the ..... same applies to the suit enforce right arising out of contract. no doubt, section 69(3) provides for certain exceptions but these exceptions are to the two kinds of suits contemplated by section 69(1) and 69(2) of the partnership act, 1932.4. in the said section 69 of the indian partnership act, an amendment introducing section 69(2)(a) was introduced by maharashtra act 29 of 1984 (brought into ..... said act in the present case as the suit in this case was .....Tag this Judgment!
Court : Chennai
Reported in : 2005(3)CTC308; (2005)2MLJ543
..... set aside.7. further, relying on section 37 of the indian partnership act, 1932, the learned counsel for the appellant would contend that no property is passed from the dissolved partnership firm since the property is only the customs licence which is in the name of deceased srinivasalu naidu and that the appellant, who is the surviving partner, need not to share the profit with ..... property was passed from the dissolved partnership firm to the new partnership firm and therefore, the third defendant has to render accounts till the firm got dissolved on 4.5.1980.17. on the other hand the learned counsel appearing for the respondents would rely on sections 16 and 50 of the indian partnership act, 1963.18. section 50 of the act, reads as follows:50. ..... the operative portion of the judgment.15. further, since the learned counsel for the appellant relies on section 37 of the indian partnership act, in support of his contention, it is necessary for us to see, what section 37 of the act, says:'37. right of outgoing partner in certain case to share subsequent profits:where any member of a firm has died or otherwise ..... personal profits earned after dissolution:'subject to contract between the partners, the provisions of clause (a) of section 16 shall apply to transactions by .....Tag this Judgment!
Court : Mumbai
Reported in : (2000)102BOMLR201
..... date of filing of the suit section 69 of the indian partnership act, 1932, read thus:-69. effect of non-registration.(1) no suit to enforce aright arising from a contract of conferred by this act shall be instituted in any court by or on behalf of any persons suing as a partner in a firm against the firm or ..... court may deem fit and proper;(c) that all directions be given for the dissolution and winding up of the partnership dated 10th august, 1971;(d) that it may be declared that the defendant has no right to occupy the said shop viz. kishore novelty situated at 3(os) outside ground floor, dongri municipal market, dr ..... 1984. after amendment to section 69 by maharashtra act xxix of 1984, section 69 reads thus:-69. effect of non-registration. -(1) no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any persons suing as a partner in a firm against the ..... firm unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm.(2) no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third-party ..... and to pay interest on profit. the trial court also held that the plaintiff was entitled to possession of the shop in his personal right and that the defendant has no right in the suit shop no. 3 situated at dongri municipal market. despite all these findings the trial court dismissed the suit as not .....Tag this Judgment!
Court : Chennai
Reported in : (1970)1MLJ512
..... section 44 (g) of the indian partnership act of 1932 provides for the court, at the suit of a partner ..... exclusive rights to ..... the partnership not ..... a partner, ..... partners ..... exclusive right of ..... in partnership. ..... partnership ..... a partner in ..... partners who ..... partnership ..... no rights in ..... has no rights therein. if ..... rights ..... partner. ..... the partnership, ..... rights of the other partners ..... partner, and a fresh partnership ..... partner, if he should survive the other two partners ..... partner of the ..... partnership should be dissolved. the partnership should ..... partnership ..... partners and the partnership will come to an end as soon as one partner relinquishes his right ..... partnership ' must be clearly inconsistent with the general right ..... partnership ..... partnership are assets of the partnership shared by the deceased partner under whom the appellants claim and the other partner ..... indian partnership act of 1932. they may be distinguished as there was no provision as to notice in the repealed chapter of the contract act relating to partnership ..... partnership at will does not amount to notice of dissolution of the partnership ..... partner should join in the firm that would be continued by the remaining partners ..... rights therein. in fact, as pointed out earlier, he has preferred no appeal claiming exclusive rights ..... law. sailendra nath kumar v. chillar ram i.l.r. (1951) 2 col. 140, a case subsequent to the indian partnership act of 1932 ..... partner could specifically enforce the covenant in the partnership deed providing for their being taken in as partners .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (2004)89ITD387(Gau.)
..... competition as there is clear conflict of interests. section 16 of indian partnership act, 1932, seeks to remedy precisely this kind of mischief, because the partner is an agent of the firm and he has to safeguard the best interest of the firm. clause 11 of the partnership deed, section 16(b) of the indian partnership act and section 88 of indian trust act read together would show that the assessee is ..... the firm. 2) clause 11 of the partnership deed (supra), section 16(b) of the indian partnership act (annex-5, pp. 7 of paper-book dated 5 ..... business was supply of 'any commodities'. the respondent shut out any competition from the partnership firm, despite his full knowledge. this results in unfair competition, as there is clear conflict of interests. section 16 of the indian partnership act, 1932, seeks to remedy precisely this kind of mischief, because, partner is an agent of the firm and he has to safeguard the best interest of ..... in deleting the same and accordingly we find no error in the order of the cit(a) on this account. the ground taken by the revenue is, therefore, rejected.17. in the cross objection the assessee has merely supported the order of the cit(a) and in view of our above decision in the revenue's appeal the ground .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (2005)93ITD15(Hyd.)
..... 14-9-2004.the learned dr submitted that sections 45 to 55 of the indian partnership act, 1939, occur in the same chapter vi of the act, and all the sections pertain to dissolution of firm and section 45 provides for liability for acts of the partner done after dissolution; section 46 provides for right for continuing authority of partners for purposes of winding up; section 48 provides for mode of settlement of ..... accounts between the partners and states that losses shall not ..... by the assessee do not come to her rescue, is devoid of merit as, in the case of l. raghu kumar (supra), the decision was rendered when the assessee had conceded that he is not governed by section 47(ii) of the act. this is ..... him for the purpose of section 45 of the income-tax act." the decision of the hon'ble a.p. high court in the case of sri l. raghu kumar (supra) has been upheld by the hon'ble supreme court in its decision reported in 247 itr 801.17. the contention of the revenue that de hors section 47(ii) the judgments relied upon .....Tag this Judgment!
Court : Chennai
Reported in : AIR1970Mad497; 77ITR494(Mad)
..... upon the firm as a kind of a body distinct from its members and capable in its right of owning property and entering into dealings and creating rights and liabilities binding on the partners. but in law that clearly is not the position. the indian partnership act by section 4, defines 'partnership' as the relation between persons who have agreed to share the profits of a business carried ..... on by all or any of them acting for all and that such persons collectively are called a firm ..... supported not only by the relative provisions of the income-tax act, but is in accord with the basic principles of the partnership law.3. a firm, partner and partnership, says section 2(6b), have the same meanings respectively as in the indian partnership act and the expression 'partner' included a minor admitted to the benefits of the partnership. for purpose of charge of income-tax a firm like other .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1985)14ITD187(Chd.)
..... accounts in the manner laid down in the preceding clause. 24. in respect of matters not mentioned herein the partnership shall be governed by the provisions of the indian partnership act, 1932.from the reading of the above three clauses, it is apparent that the two partners meant to have equal shares, which is apparent from clause 24, given above, that 'in respect of ..... of a number of other documents either between the same partners or between the partners and other third parties.... (p. 693) in the instant case, evidence regarding share is available within four corners as it is to be as per the indian partnership act, as per clause 24 of the partnership deed and as per section 13, it is to be equal.similarly, reliance of ..... it is mentioned that the act should hold the field for the purpose of matters for which provisions are made therein and resort should be made to no other act. but, in the instant case, i am not applying the indian partnership act in place of the 1961 act but the assessee-firm itself adopted the application of section 13 of the indian partnership act in other words, through ..... clause 24 of its partnership deed and, therefore, the partners are to share equally as per section 13. reliance of the learned departmental .....Tag this Judgment!