Court : Orissa
Reported in : I(2005)BC10; 98(2004)CLT109; 2005(1)CTLJ146(Ori); 2004(I)OLR689
..... particular adventuresor undertakings.'relying upon the aforesaid provisions of the partnership act, mr. palit, learned counsel for the petitioner, submits that the very purpose of formation of ..... to thelearned counsel for the opp. parties, the deed of reconstitutingthe partnership was executed on 10.4.2003, just little more thanone month before the tender notice was published, for the purposeof participating in the tender.5. learned counsel for the petitioner in this regard takes usthrough section 8 of the indian partnership act, 1932, which enumeratesas follows :'section 8. particular partnership : a person maybecome a partner with another person in ..... partnership by different individuals is not only to pool their individual resources, but also the good-will and experience that each individual gives together .....Tag this Judgment!
Court : Rajasthan
Reported in : 42CompCas1(Raj); 1969()WLN498
..... particular business. here, the particular subject according to the notice was the appointment of a chairman, etc. simply because the shareholders appointed another person for the post does not mean that the meeting went beyond the notice.34. we may now switch over to the second point raised on behalf of the appellants. it pertains to the applicability of section 69 of the indian partnership act, 1932 ..... father of the plaintiffs nos. 8 and 9, the joint family firm continued carrying on business and a receiver was appointed to manage the estate and its business. with the filing of the partition suit, the status of the joint family underwent a change and the business became a partnership business. under section 69 of the indian partnership act, 1932, no suit could have been ..... was changed and thereafter as the business was carried on jointly, the firm became an ordinary partnership concern subject to the indian partnership act. as the firm was not registered, section 69 of the partnership act stood in the way of filing the suit without the registration of the firm.8. that in the balance-sheet a sum of rs. 2,015-6-6, as a ..... till such time the appointment was duly made. it further incorporated that an extraordinary general meeting would be held at the registered office of the company at beawar, on february 8, 1942, for making the above appointment. the notice suggested that the meeting was called for the appointment of the chairman, managingdirector, etc. the directors could not have bound .....Tag this Judgment!
Court : Gujarat
Reported in : 61ITR540(Guj)
..... refer to certain other provisions of the act. section 2(6b) lays down that the expressions 'firm', 'partner' and 'partnership' shall have the same meanings respectively as in the indian partnership act, 1932, except that the expression 'partner' in the act includes any person who being a minor has been admitted to the benefits of partnership. section 4 of the partnership act defines 'partnership' as a relation between persons who ..... . rule 2 of the income-tax rules, 1922, made under the act provides that any firm constituted under an instrument of partnership specifying the individual shares of the partners may, under the provisions of section 26a of the indian income-tax act, 1922, register with the income-tax officer, the particulars contained in the said instrument on application made in this behalf. such ..... the conclusion that on a reasonable reading of that form, the prticulars which are required to be set out in that schedule are not the particulars to be specified in the deed of partnership but over and above those which are required to be specified in such deed. columns 3 and 4 of that schedule clearly show that this ..... 6, which is the relevant column for our purposes, thereof requires the following particulars, namely, 'share in the balance of profits (or loss) (annas and pies in the rupee).' 8. the question is whether the words 'the individual shares of the partners' in sub-section (1) of section 26a mean the individual shares of the partners both in profits and losses and .....Tag this Judgment!
Court : Kolkata
..... lac fly ash bricks. production of fly ash bricks was contemplated under the contract and the claim arises out of the contract. therefore, the suit is barred under sec. 69(2) of the indian partnership act, 1932 and the submissions including the cases cited by the plaintiff-respondent cannot be accepted. the plea of statutory right taken by the plaintiff is not applicable in view ..... the indian partnership act, 1932 (in short ipa ) which bars a suit on behalf of a firm against any third party to enforce a contractual right unless the firm is registered and the persons suing are or have been shown in the register of firms as partners in the firm. (3) learned counsel drew my attention to the averments in the plaint and in particular ..... to paragraphs 1, 8, 9, 12, 14 and 45j of the plaint. i shall revert back to the said paragraphs later. relying on the said paragraphs, learned counsel submitted that the plaintiffs ..... an independent remedy available to the defendant to challenge the maintainability of the suit irrespective of his right to contest the same on merits. the law does not contemplate any particular stage when the objection can be raised and also does not speak about the filing of a written statement. instead, the word shall is used, implying thereby that it casts .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1987SC1782; (1987)2GLR960; JT1987(2)SC599; 1987(1)SCALE1235; (1987)3SCC538; 3SCR289
..... in the light of the principles applicable to partnership. the first question, therefore, is what is a partnership? that has to be found in section 4 of the indian partnership act, 1932, it says 'partnership is the relation ..... style of bharat neon signs. however, on account of the death of khristi girdharbhai chimanlal on 1.2.61 and other reasons, the said partnership was dissolved from 8.9.61. thereafter, we the parties from the first to seventh part have, after purchasing at its cost price, all the debts and ..... court was right in so doing.8. whether there was a partnership or not may in certain cases be a mixed question of law and fact, in the sense that whether the ingredients of partnership as embodied in the law of partnership were there in a particular case or not must be judged ..... . kantilal bhogilal 0-11 5. virchand keshavji 0-25 6. satyapal jeshal 0-25 __________________________ 0- 100 i.e. re. 1/-10. clause 8 empowered the operating of the bank accounts by partners other than the appellant and his father. we find intrinsically nothing improbable. it is embodied in the ..... keshavlal mulchand. 0- 05 4. kantilal bhogilal. 0- 10 5. virchand keshavji. 0- 23 6. satyapal jeshal. 0- 24 7. girdharlal chimanlal. 0- 03 8. helper girdharlal. 0- 03 __________________________ 0 - 100 i.e. re. 1/-7. while settling accounts at the close of the year, if the sum less than rs .....Tag this Judgment!
Court : Kerala
Reported in : AIR1964Ker251; 51ITR711(Ker)
..... on 31-3-1958 was returned on the ground that it was not duly stamped and for lack of some of the particulars prescribed. 5. section 59 of the indian partnership act, 1932, provides that when the registrar is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in a register called the register of firms ..... the statement is recorded in the register of firms and the statement is filed by the registrar as provided in section 59.8. there is a limited partnerships act in england. it is an act of 1907. section 8 of that act provides that the registration of a limited partnership shall be effected by sending by post or delivering to the registrar at the register office in that part ..... of the united kingdom in which the principal place of business of the limited partnership is situated or proposed to be situated a statement signed by the partners containing the particulars specified therein, and section .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1961Bom65; (1960)62BOMLR753
..... . there is hardly anything common between a claim of set off and an application under section 8 of the indian arbitration act, 1940. in my view, an application under section 8 of the indian arbitration act, 1940, is not a proceeding covered by the words 'other proceeding' appearing in section 69(3) of the indian partnership act, 1932.12. my attention was called to a decision of the full bench of this court ..... that the court had power to make an order under sub-section (2) of section 8 provided there was no other impediment in doing so. mr. justice mudholkar considered that section 69 of the indian partnership act, 1932, constituted such an impediment. mr. justice naik was of the contrary opinion. sub-sections (1) and (3) of section 69 of the indian partnership act, 1932, provide as follows:--'69(1). no suit to enforce a ..... . justice bishan narain held that 'when general words follow particular and specific words, then the general words are to be ordinarily construed to include only those things of the same class as specifically mentioned'. in that case, the learned judge had to, consider whether the provisions contained in section 69 of the partnership act, 1932, extended to an application under the displaced persons (debts adjustment .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 73CompCas525(MP)
..... , to dhulchand, hukumchand, but this did not confer any title on the vendees. the suit is not barred by limitation. 8. the learned additional district judge held that as no public notice under section 45 of the indian partnership act, 1932, was given of the dissolution of the firm, the defendants are liable to pay the amount and the mortgaged property was liable for its satisfaction ..... force in this argument, when there are in fact awards and the parties have acted upon them as seen from the evidence of the parties. besides, no particular mode of dissolution of the firm is laid down in the partnership act. the awards show that there was dissolution of the partnership and this was accepted by the two partners, jawaharmal and lakhmichand. in view of ..... be in the gazette or elsewhere. but if notice in point of fact can be established, it matters not by what means, for the partnership act 1890 does not require, nor has it ever been held that any particular formality must be observed.' 21. learned counsel also referred to the following three decisions : (i) central united bank ltd. v. b. a. venkatarama, air ..... district judge found these issues in the affirmative. nevertheless, shri waghmare, learned counsel for the appellants, took us through the history of the case, important dates and events and in particular, through the award dated march 15, 1957, exhibit d-l, at pages 419 to 431 of the paper book. he emphasised that though the words 'dissolution of the firm' were .....Tag this Judgment!
Court : Allahabad
Reported in : AIR2003All254
..... , accompanied by prescribed fees giving the required particulars in sub-section (1) to be verified in sub-section (2); and that procedure to be adopted by the registrar when a dispute arises with regard to registration is regulated by rule 7 of the indian partnership rules, 1933, made in exercise of powers conferred under section 71(2) of the indian partnership act, 1932 and notified on april 22, 1973. rule ..... sri vishwanath prasad kesarwani on 10-8-2001 in terms of section 46 of the act, and for applying properties of the firm for distributing debts and liabilities amongst the partners in ..... firm.' 4. one of the partners sri vishwanath prasad kesarwani died on 10-8-2001. petitioner subhash chandra kesarwani gave a notice under section 43(1) of the act by registered post on 11-9-2001 allegedly exercising his right of dissolution of firm on the ground that the partnership was at a will and that the firm stood dissolved on the death of ..... , senior advocate, assisted by sri a. k. goel for petitioner, and sri ravi kant for respondent no. 2, standing counsel represents respondent no. 1. 2. petitioner has challenged orders dated 8-8-2002 passed by assistant registrar, firms societies and chits, allahabad rejecting petitioner's representation; and the registration of respondent no. 2 firm dated 12-10-2001 on the basis of .....Tag this Judgment!
Court : Delhi
Reported in : 36(1988)DLT365; 1989(16)DRJ66
..... to go into the first proposition of mr. vijay kishan at this stage. the second argument of the learned counsel has considerable force in it. section 68 of the indian partnership act, 1932, lays down rules of evidence. it reads as follows:- '68.(1) any statement, intimation or notice recorded or noted in the register of ..... firm in the certified copy cannot affect its probative value as proof of the fact of registration of the firm as postulated by sub-section (2) of section 68 of the indian partnership act. thereforee, use of one or the other letter in the firm name in exhibit p-l does not, in any way, ..... exhibit p- l-really makes no difference, and that the lower appellate court erred in concluding that 'the plaintiff firm is not registered under the partnership act.' this finding is set aside. consequently, the appellate judgment and decree is reversed and is set aside, the appeal of the defendant and the suit ..... is different from the plaintiff firm, in whose name the suit has been filed in accordance with order xxx of the code of civil procedure, particularly when there is no controversy regarding the number and the names of the partners who collectively constitute the firm, as also, regarding the address of ..... fact of the registration of such firm, and of the contents of any statement, intimation or notice recorded or noted therein.'(8) it is clear, on bare reading of sub-section (2), that the fact of the registration of a firm can be proved by producing a certified copy of the entry .....Tag this Judgment!