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Judgment Search Results Home > Cases Phrase: indian partnership act 1932 section 17 rights and duties of partners Year: 2019 Page 1 of about 6 results (0.077 seconds)

Oct 18 2019 (SC)

s.p.misra Vs. mohd.laiquddin Khan

Court : Supreme Court of India

Decided on : Oct-18-2019

..... decree depend on the rights litigated by the parties. in the case on hand, the original decree was obtained against the predecessor of the respondents, who was party to partnership deed. in view of death of one of the partners, the partnership itself stands dissolved statutorily, by operation of law, in view of provision under section 42(c) of the indian partnership act, 1932. when the respondents are ..... either party, their respective legal representatives shall automatically become partners in the c.a. no.3311 of 2015 11 partnership firm and they shall continue to act as partners of the firm, till the venture envisaged under ..... completion thereof; (c) by the death of a partner; and (d) by the adjudication of a partner as an insolvent.16. in the case on hand, as much as there were only two partners, the partnership itself stand dissolved, in view of death of a partner.17. it is true that as per the deed of partnership, the partners have agreed, in the event of death of ..... we are of the view that the respondents were not c.a. no.3311 of 2015 17 parties to the partnership deed and that the partnership stands dissolved, in view of death of one of the partners, the respondents have not derived the benefit of assets of the partnership firm, the decree obtained by the predecessor of the appellants, is not executable against the respondents .....

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Jan 25 2019 (SC)

Swiss Ribbons Pvt. Ltd. Vs. Union of India

Court : Supreme Court of India

Decided on : Jan-25-2019

..... indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act ..... of operational if or (4) the directors, partners and one representative of operational creditors, as referred to in sub-section (3), may attend the meetings of committee of creditors, but shall not have any right to vote in such meetings: provided that the absence of any such director, partner or representative of operational creditors, as the case ..... each such creditor, and as per their instructions. to ensure adequate representation by the authorised representative of the financial creditors, a specific provision laying down the rights and duties of such authorised representatives may be inserted. further, the requisite threshold for the number of creditors and manner of voting may be specified by to enable ..... dynamic entrepreneurs. yet these game changers and growth drivers are crippled by an environment that takes some of the longest times and highest costs by world 17 standards to resolve any problems that arise while repaying dues on debt. this problem leads to grave consequences: india has some of the lowest credit compared .....

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Jan 14 2019 (HC)

Blueberry Books & Ors vs.bharti Goyal & Anr

Court : Delhi

Decided on : Jan-14-2019

..... but the plaintiffs have nowhere in the plaint asserted that plaintiff no.1 is a registered partnership firm and that plaintiffs no.2 and 3 are the registered partners. reliance is placed on section 69(2) of the indian partnership act to contend that the mandatory provisions of the said section have not been adhered to and the suit filed by an unregistered firm is liable to ..... judgment of the supreme court in the case of haldiram bhujiawala & anr. vs. anand kumar deepak kumar & anr., (2000) 3 scc250to contend that the a suit seeking enforcement of statutory rights is not barred under law and section 69(2) of the indian partnership act has no application to such a suit. it is urged that the present suit is for enforcement of statutory ..... arose as to whether the suit was barred under section 69(2) of the indian partnership act as the firm was not registered on date when the suit was filed. the court held as follows:-" 9. the question whether section 69(2) is a bar to a suit filed by an unregistered firm even if a statutory right is being enforced or even if only a ..... .8. in rejoinder, learned counsel for the defendants urges that the claim of the plaintiffs is based on an agreement dated 20.10.2012 and other documents to claim exclusive rights on the copyright in question. it is urged that under section 17 of the copyright act, the author of a work is the first owner of the copyright and assignment is possible under .....

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Nov 11 2019 (HC)

Veenutha W/O Padmaraj Basti Vs. Smt Phulavati

Court : Karnataka - Dharwad

Decided on : Nov-11-2019

..... (2007) 10 scc602and marabasappa (d) by lrs vs. ningappa (2011)9 scc451.23. the expression partnership property has been defined in section 14 of the indian partnership act, 1932 and includes, (i) all the property and interests in property originally brought from stock of the firm; (ii) all property and rights and interests in property acquired by purchase otherwise by or for the firm in the course ..... , belgaum, r/o: anagol belgaum, 16. smt suchitra prithwiraj upadhye, aged about 32 yrs, partner of yeshwantraj & co., raviwar peth belgaum, r/at anagol belgaum.17. smt geeta w/o prash upadhye, aged about 57 yrs, partner of m/s. yeshwant traders partner of m/s yeshwant and co., partner of m/s yeshwant raj and co., r/o: anagol belgaum 18. prakash s/o ..... ,belgaum-590001.16. smt suchitra prithwiraj upadhye, age 22 years,occ:business, partner of m/s.yeshwant & co., raviwar peth-belgaum, r/o.angol,belgaum-590001.17. smt geeta w/o prakash upadhye age 48 years,occ:business, partner of m/s.yeshwant raj & co., partner of m/s.yeshwant & co., partner of m/s.yeshwant traders, r/o.angol,belgaum-590001.18. sri prakash ..... arjunrao bandak aged about 53 yrs partner of m/s yeshwant traders dharwad road belgaum occ .....

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Nov 11 2019 (HC)

Smt Phulavati W/O Manohar Upadhye Vs. Prakash

Court : Karnataka - Dharwad

Decided on : Nov-11-2019

..... (2007) 10 scc602and marabasappa (d) by lrs vs. ningappa (2011)9 scc451.23. the expression partnership property has been defined in section 14 of the indian partnership act, 1932 and includes, (i) all the property and interests in property originally brought from stock of the firm; (ii) all property and rights and interests in property acquired by purchase otherwise by or for the firm in the course ..... , belgaum, r/o: anagol belgaum, 16. smt suchitra prithwiraj upadhye, aged about 32 yrs, partner of yeshwantraj & co., raviwar peth belgaum, r/at anagol belgaum.17. smt geeta w/o prash upadhye, aged about 57 yrs, partner of m/s. yeshwant traders partner of m/s yeshwant and co., partner of m/s yeshwant raj and co., r/o: anagol belgaum 18. prakash s/o ..... ,belgaum-590001.16. smt suchitra prithwiraj upadhye, age 22 years,occ:business, partner of m/s.yeshwant & co., raviwar peth-belgaum, r/o.angol,belgaum-590001.17. smt geeta w/o prakash upadhye age 48 years,occ:business, partner of m/s.yeshwant raj & co., partner of m/s.yeshwant & co., partner of m/s.yeshwant traders, r/o.angol,belgaum-590001.18. sri prakash ..... arjunrao bandak aged about 53 yrs partner of m/s yeshwant traders dharwad road belgaum occ .....

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Oct 04 2019 (SC)

Duncans Industries Ltd. Vs. A.j. Agrochem

Court : Supreme Court of India

Decided on : Oct-04-2019

..... amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and ..... resolution process against a company which has been taken over by the tea board. it is submitted that the learned nclat has rightly held that section 16g(1)(c) relates to winding up and, on the other hand, section 9 of the ibc is not 14 a proceeding for winding up, but for initiation of corporate insolvency resolution process to ensure ..... as the recent decision of this court dated 14.08.2019 in the case of k. kishan v. m/s. vijay nirman company pvt. ltd. (2018) 17 scc662 on non applicability of section 238 of the ibc. making the above submissions and relying upon the above decisions of this court, it is submitted by shri shyam divan, learned senior advocate appearing ..... bench of the high court of calcutta has handed over the management and control of the seven tea gardens to the appellant, because of whose mis management, it has deteriorated 17 the condition of the tea gardens run by the appellant. be that as it may, the fact remains that, pursuant to the interim arrangement/order passed by the division .....

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Mar 27 2019 (HC)

Indcare&karma vs.north Delhi Municipal Corporation & Anr.

Court : Delhi

Decided on : Mar-27-2019

..... for the respondent no.1 that the present petition is not maintainable as the petitioner has not shown if it is a registered partnership firm. in absence of such proof and in terms of section 69(3) of the indian partnership act, 1932, the present petition would not be maintainable.8. she further submits that the claim of the petitioner would be barred by law of ..... , respondent no.2 neither responded to the notice invoking arbitration nor has chosen to file the reply to the present petition, counsel for the respondent no.2 submits that all rights and obligations under the agreement were assigned only arb.p. 813/2018 page 5 to respondent no.1. in absence of any document being filed on record to substantiate this ..... not be proper for this court to enter into this determination at this stage. respondent no.2 shall be free to take such plea in its defence before the arbitrator.17. with the consent of the parties, the parties are referred to the delhi international arbitration centre (diac), where they shall appear on 08.04.2019 at 2.00 p.m ..... thereunder. the test to be applied for such determination is: whether the act was done in statutory capacity or has the act been performed under the colour of statutory duty?. section 478(2) shall apply, if the act is done or purported to have been done in pursuance of the provisions of the act or any rules, regulation or bye-law made thereunder. 13. in the .....

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Jan 17 2019 (SC)

Indian Hotel and Restaurant Association (Ahar) General Secretary Vs. T ...

Court : Supreme Court of India

Decided on : Jan-17-2019

..... a licence under these rules, if he,- (i) has attained 21 years of age; (ii) is a citizen of india or a partner of partnership firm registered under the indian partnership act, 1932 or a company registered under the companies act, 1956 or the companies act, 2013; (iii) possess a good character and antecedents and shall not have any history of criminal record in the past: provided that ..... 19(1)(g) to practise any profession, trade or occupation is subject to restrictions in article 19(6). therefore, by prohibiting dancing under section 33-a, no right of the bar owners are being infringed. the curbs imposed by sections 33-a and 33-b only restrict the owners of the prohibited establishments from permitting dances to be conducted in the interest of ..... circumstances, or vulnerability. undoubtedly, the legislature is the best judge to measure the degree of harm and make reasonable classification but when such a classification is challenged the state is duty-bound to disclose the reasons for the ostensible conclusions. in our opinion, in the present case, the legislation is based on an unacceptable presumption that the so-called elite i ..... employment of a person. further, even if there is a conviction, the bar should be attached only in those cases where conviction is for a serious offence.36) condition no.17 of part b to the schedule which prohibits any modification or alteration in the premises without the permission of the licensing authority is questioned as arbitrary. attention of the court .....

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Mar 06 2019 (HC)

Amonchit Suriya Kiran & Anr. Vs.national Restaurant & Ors.

Court : Delhi

Decided on : Mar-06-2019

..... of shri m.l. behl, only shri baldev behl survives and due to the operation of section 42 of the indian partnership act, 1932 upon the death of one of the partners in a partnership firm comprising of only two partners, the partnership firm automatically dissolves. this is the settled position as held in commissioner of income tax v. ..... -tenant relationship between the parties; viii) that since both the execution petitions had been dismissed, the plaintiffs have no right; ix) that the share of shri m.l. behl in the partnership firm devolves on his two sons, namely, shri yogesh behl and shri arun cs(os) 349/2018 page 4 ..... serving meals to the public at large and the rent receipts were issued in favour of partnership firm m/s national restaurant. 17. it is further the admitted position that m/s national restaurant was a partnership firm consisting of shri baldev behl and shri m.l. behl and that shri m.l ..... tenant relationship between the parties hereto. that the answering... respondents are in adverse possession of the property in dispute with respect to... petitioner who has no right, title, interest or lien over the property in question. 18. in case no.e-46/1977, as recorded in order dated 20th march, 1995 ..... 349/2018 page 17 of 19 are the legal heirs of shri tarjit singh. none of the legal heirs have come forward challenging the rights of the plaintiffs.26. the death of one of the partners shri m.l. behl in november, 2017 results in automatic dissolution of the partnership firm m/s national .....

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Apr 30 2019 (SC)

Jk Jute Mill Mazdoor Morcha Vs. Juggilal Kamlapat Jute Mills Company L ...

Court : Supreme Court of India

Decided on : Apr-30-2019

..... that clause (g) has to be read noscitur a sociis with the previous clauses of section 3(23). this being the case, entities such as companies, trusts, partnerships, and limited liability partnerships are all entities governed by the companies act, the indian trusts act, and the partnership act, which are not established under those acts in the sense understood in canara bank (supra) and the judgments followed by it ..... or members thereof or for 8 the prosecution of a legal proceeding to which the trade union is a party, and which is undertaken for the purpose of protecting the rights arising out of the relation of its members with their employer, which would include wages and other sums due from the employer to workmen.7. the bombay high court in ..... the hands of law troubles a judge s conscience and points an angry interrogation at the law reformer. the processual law so dominates in certain systems as to overpower substantive rights and substantial justice. the humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to ..... which the trade union or any member thereof is a party, when such prosecution of defence is undertaken for the purpose of securing or protecting any rights of the trade union as such or any rights arising out of the relations of 7 any member with his employer or with a person whom the member employs; (d) the conduct of trade disputes .....

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