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Judgment Search Results Home > Cases Phrase: indian partnership act Court: andhra pradesh Page 1 of about 661 results (0.057 seconds)

Jun 06 2001 (HC)

P. Balakrishna Rao Licencee of Harsha Wines Vs. Prohibition and Excise ...

Court : Andhra Pradesh

Reported in : 2001(4)ALD576

..... the contention of the petitioner is that having regard to the fact that he was partner of two firms constituted and registered in terms of indian partnership act, 1932, the aforementioned amendment is not applicable in this case.4. rule 29 (2) of the 1970 rules as amended by g. ..... rule is not applicable in case of a partnership firm having regard to the fact that the petitioner being holder of joint licence and the licensees having been carrying on the business in partnership. 6. partnership in terms of section 4 of the indian partnership act, 1932 signifies the relation between the partners ..... who have agreed to share the profits of a business carried on by all or any of them acting for all. to constitute a partnership there must be (i) a ..... business; (ii) an agreement to share profits of the business; and (iii) the business must be carried on by all or any of the partners acting ..... person. it can neither sue and nor can be sued. relationship of partners in terms of section 5 of the partnership act arises from a contract and no status is created thereby. the mutual rights and obligations of the partners arise out of .....

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Jun 25 1990 (HC)

Kommineni Krishna Rao Vs. Kommineni Babjee Rao and anr.

Court : Andhra Pradesh

Reported in : [1992]75CompCas121(AP)

..... first defendant and not in the name of the firm, the parties are relegated to the status of co-owners from that of partners and, therefore, the provisions of the indian partnership act relating to dissolution of the firm and rendition of accounts cannot be resorted to. 33. the first defendant, in his written statement, clearly admitted the allegations in the plaint that ..... and not in the name of the firm, the parties are relegated to the status of co-owners as distinct from that of partners and, therefore, the provisions of the indian partnership act relating to the dissolution of the firm and rendition of accounts cannot be resorted to. therefore, the plaintiff and defendants are co-owners or co-sharers in respect of the ..... entitled to physical partition of the cinema-hall and its machinery and the site under the provisions of the partnership act 5. to what relief 7. additional issues : 1. whether the suit is not maintainable as it is hit by section 69 of the indian partnership act 2. whether the suit partnership is illegal and opposed to public policy and hit by section 23 of the ..... indian contract act 8. the learned trial judge, on consideration of the entire material placed before him, held that the suit partnership is illegal and opposed to section 23 of the indian contract act and that the suit is not .....

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Nov 20 2001 (HC)

Gundu Preemsagar and ors. Vs. Nagabandi Jayashankar

Court : Andhra Pradesh

Reported in : 2002(1)ALD554

..... . dr. k.c. govind rao, 1990 (1) alt 52 (nrc).6. as regards the question of subtenancy, it was submitted having regard to the provisions of section 4 of the indian partnership act, and original tenant had never parted with the possession of the premises as a firm had been constituted with one of the family members. if was further submitted that the ..... a family member in the name of the firm will amount to sub-letting within the meaning of a.p. buildings (lease, rent and eviction) control act, 1960 in the light of the provisions of indian partnership act?2. the revision petition arises out of an order of the learned principal senior civil judge, warangal in rca no. 5 of 1994 confirming an order ..... business carried on by all or any of them acting for all. therefore, the partnership business can be carried by any one of them.38. thus, if a person takes ..... of the apex court, it cannot be said that running of a press as a partnership concern would amount to subletting or parting with the possession. to the same effect is the decision in sri sal baba cloth emporium case. section 4 of the indian partnership act clearly defines 'partnership' to mean the relation between persons who have agreed to share the profits of a .....

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Nov 29 1984 (HC)

Commissioner of Income-tax, Andhra Pradesh Vs. Phabiomal and Sons

Court : Andhra Pradesh

Reported in : [1986]158ITR773(AP)

..... order in writing refusing to register the firm.' 6. 'firm', 'partner' and 'partnership' are not defined under the income-tax act. but, sub-section (2) of section 2 says that they have the same meaning as assigned under indian partnership act. 7. section 4 of the partnership act defines 'partnership' as : ''partnership' is the relation between persons who have agreed to share the profits of a ..... is seen from this definition that partnership involves an agreement to carry on business. the expression ..... business carried on by all or any of them acting for all.' 8. it ..... the activity is not a business activity. the tribunal held to the contra observing that it comes under 'occupation' within the meaning of section 2(b) of the partnership act. on a reference, it was held by the madras high court that the activity of taking premises on lease, putting up constructions as annexe thereto and letting them out .....

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Sep 16 1969 (HC)

Addepally Nageswara Rao and Brothers Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1971]79ITR306(AP)

..... his dissent to be partner. (8) ...... (9) for the conduct of the affairs of the firm (and) for defining the rights and liabilities of the partnership as well as for dissolution, the current provisions of the indian partnership act, 1932, will apply. 1. (signed) addepalli nageswararao.2. (signed) addepalli nageswararao.3. (signed) addepalli kasiviswanadham.4. (signed) addepalli mareswararao.'12. on a consideration of clauses ..... calcutta high court in hoosen kasam dadav. commissioner of income-tax was preferable to the view taken by themadras high court and held at page 533 :' section 30 of the indian partnership act clearly lays down that aminor cannot become a partner, though with the consent of the adult partners he may be admitted to the benefits of ..... to understand the relationship between the major partners and a minor who is admitted to the benefits of the partnership under section 30 of the indian partnership act. although a minor cannot enter into an agreement of partnership so as to acquire the rights of the partnership and be subject to the obligations of a partuer still he can draw the benefits from such a firm ..... , satisfied that the guardian can enter into a contract on behalf of the minor.31. in this connection, it is relevant to note the language of section 4 of the indian partnership act. it says that, ' partnership ' is the relation between persons who have agreed to share the profits of a business carried on by all or any of them .....

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Jan 23 1976 (HC)

Addl. Commissioner of Income-tax Vs. Visakha Flour Mills

Court : Andhra Pradesh

Reported in : [1977]108ITR465(AP)

..... to agree with their view that the provisions of sub-section (2) of section 187 do not change the concept of reconstitution of a firm as understood in the indian partnership act nor do they obliterate the distinction between reconstitution and dissolution and that once a firm is dissolved either by agreement or by operation of law, the question of reconstitution ..... by the new firm. the business has been run uninterruptedly. even if it amounts to dissolution of the earlier firm according to the provisions of section 42 of the indian partnership act, there is no doubt that such dissolution and succession has to be treated as a reconstitution of the firm according to the provisions of section 187(2) of the ..... of section 188 but not section 187 that would apply to the case on hand as, on the death of a partner of a partnership firm, the partnership automatically gets dissolved under section 42(c) of the indian partnership act, 1932, that a new firm for the remaining broken period in each of the two accounting years has come into existence as there ..... clause (23) of section 2 of the act (income-tax act) defines 'firm', 'partner' and 'partnership' as having 'the meanings respectively assigned to them in the indian partnership act, 1932, but the expression 'partner' shall also include any person who, being a minor, has been admitted to the benefits of partnership'. section 4 of the partnership act reads :'definition of partnership--'partnership' is the relation between persons who have agreed .....

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Feb 28 2006 (HC)

Tetali Chinna Krishna Reddy Vs. Konala Nagalakshmi and ors.

Court : Andhra Pradesh

Reported in : 2006(4)ALD596; 2006(3)ARBLR575(AP)

..... award.(6) a party aggrieved by such an arbitral award may make an application for setting aside such an arbitral award in accordance with section 34.section 44 of the indian partnership act, reads as under:section 44: dissolution by the court:-at the suit of a partner, the court may dissolve a firm on any of the following grounds, namely:(a) that ..... be allowed to be determined by the arbitrators in the guise of clause 22. further, the learned counsel also drawn the attention of this court to section 44 of the indian partnership act and submitted that in spite of there being a negative recital as to claiming dissolution, since complicated questions of law and facts are involved in this case including dissolution of ..... shall be final, conclusive and binding upon the parties, their heirs, legal representatives and successors.23. in all the matters not specifically provided for in this deed, the provisions of indian partnership act, 1932 for the time being in force shall apply.12. it is also necessary to notice sections 8, 11 and 16 of the arbitration and conciliation ..... act, 1996 as well as section 44 of the indian partnership act, 1932. sections 8, 11 and 16 of the arbitration act reads as under:section 8: power to refer parties to arbitration where there is an arbitration agreement:-(1) a judicial authority .....

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Dec 04 2008 (HC)

Padmavathi Finance Corporation Vs. S.V. Metal Unit and ors.

Court : Andhra Pradesh

Reported in : 2009(6)ALT544

..... said suit debt.11. on the strength of these pleadings, the following issues had been settled by the trial court:1. whether the plaintiff is a firm registered under the indian partnership act?2. whether the suit pronote dt.13.09.83 is true and valid?3. whether the modification of the authority of the defendants 2 and 5 by a modification deed ..... his name.19. the learned counsel representing the parties made further elaborate submissions on the strength of the sections 19, 20 and 22 of the indian partnership act as well.20. section 19 of the act, deals with implied power of partner as agent of the firm.sub-section (1) of section 19, reads as under:subject to the provisions of section 22, the ..... on this aspect. while further elaborating the submissions, the learned counsel also had taken this court through the sections 19, 20 and 22 of the indian partnership act and sections 26 and 27 of the negotiable instruments act as well and would maintain that in the light of the evidence available on record, the trial court recorded appropriate findings granting decree against those, who ..... suit against the firm and the other partners cannot be sustained. the learned counsel also pointed out to sections 19, 20 and 22 of the indian partnership act and sections 26 and 27 of the negotiable instruments act and would maintain that the trial court had not appreciated these provisions properly. the learned counsel also would maintain that a cursory glance of the contents .....

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Oct 16 1998 (HC)

Varadachary and Company, Hyderabad Vs. Superiniteding Engineer (Operat ...

Court : Andhra Pradesh

Reported in : 1999(3)ALD599; 1999(3)ALT431

..... of the earlier partnership deeds. one such partnership is dated 29-9-1990. under the clause (v) of the said partnership, it is stated that the partnership shall be at will. the learned counsel for the respondent submitted that the said partnership being a partnership at will under section 43 of the indian partnership act, the same ..... may be dissolved by any partner by giving notice in writing to all the partners of his intention to dissolve the firm. the respondent counsel has brought to my notice, a notice issued by one of the partners dated 5-7-1996 intimating the board that the partnership ..... the firm by that notice w.e.f. 5-7-1996.6. having regard to these circumstances, the legal position would be that the partnership that entered into agreement stood dissolved with effect from 5-7-1996. as i have already noted above, a separate suit is also filed ..... consequence, as long as the petitioner-firm is ready to execute the work, in terms of thecontract of the year 1987 and the said partnership is not dissolved and it is still continuing by reconstitution from time to time. he further urged that at any rate the said contract ..... by the concerned person for rendition of the accounts. in these circumstances, it cannot be said that the partnership that entered into an agreement with the board still existed as on today.7. now the other short point for my consideration would be, .....

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Dec 03 2001 (HC)

Thumati Paripurna Govindamma and ors. Vs. Thatha China Venkata Subbaia ...

Court : Andhra Pradesh

Reported in : 2002(3)ALT3

..... suit pronotes are independent contracts or transactions as such de hors the existing liabilities in the course of the said business and therefore the provisions of section 69 of the indian partnership act cannot be brought into force, i am not prepared to accept such a submission more so when admittedly, the entire plaint allegations and the case of the plaintiffs ..... is unregistered.17. in a recent decision of the apex court in haldiram bhujiawala v. anand kumar deepak kumar, : [2000]1scr1247 the scope of section 69 (2) of the indian partnership act and the bar created therein has been considered with reference to the very objects and also the historical account and especially by taking into consideration the expression enforcing a right ..... consideration of the evidence on record, decreed the suits holding that since the suits are filed by the plaintiffs in their individual capacity, the provisions of section 69 of the indian partnership act have no application; the execution of the suit pronotes has not been denied and the defendants have failed to prove any coercion in execution thereof. further, the alleged partition ..... execute the suit pronotes and, therefore, the same are not valid and without consideration. further, the plaintiffs' firm being unregistered, the claim is barred under section 69 of the indian partnership act.7. on these and other allegations, the court below has framed the following issues:'o.s. no. 185 of 1983:(1) whether the suit promissory note is true and .....

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