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Judgment Search Results Home > Cases Phrase: indian partnership act Court: andhra pradesh Year: 1988 Page 1 of about 10 results (0.047 seconds)

Aug 24 1988 (HC)

N. Satyanarayana Murthy and ors. Vs. M. Venkata Bala Krishnamurthy

Court : Andhra Pradesh

Decided on : Aug-24-1988

Reported in : AIR1989AP167

..... the statement of accounts pursuant to ex.a6 is not correct, the respondent was unilaterally expelled from the partnership with effect from march 1, 1976; it is illegal, void and hit by section 32 of the indian partnership act (act 9 of 1932) (for short 'the act'), the 1st appellant mismanaged the affairs of the business of the firm, caused great prejudice to the respondent ..... partners; (2) by an action brought out by one partner against the other for the purpose of dissolving the partnership. in the foot-note it is stated that a proposal for a dissolution, not accepted, is not a dissolution.' 17. mukerji on indian partnership act,3rd edition, 1974 at page 370 para 22, thescope of the word 'just and equitable undersection 44(g) ..... has not been defined precisely, hasstated thus -'but, it is submitted, that the court's power to act under this sub-section is virtually unlimited and cannot be restricted to the ..... by forcibly retiring him from the firm without any authority, the respondent lost confidence in the management by the 1st appellant; and accordingly directed dissolution of the partnership with effect from feb .....

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Jan 21 1988 (HC)

V.C. Venkata Subbaiah Chetty and Sons Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Jan-21-1988

Reported in : (1988)74CTR(AP)60; [1988]171ITR590(AP)

..... exists and continues to carry on its business. it is true that the indian partnership act goes further than the english partnership act, 1890, in recognising that a firm may possess a personality distinct from the persons constituting it, the law in india in ..... to the income-tax officer. the argument thus advanced by the assessee requires the understanding of the principles incorporated in the indian partnership act, 1932. 4. under the partnership act, 1932 ('the act'), property brought by the partners or property acquired by the firm in the course of its business is in law considered ..... works co. ltd., . see what the privy council said (at page 101) : 'before the board it was argued that under the indian partnership act, 1932, a firm is recognised as an entity apart from the persons constituting it, and that the entity continues so long as the firm ..... a possesses a distinct personality does not involve that the personality continues unchanged so long as the business of he firm continues. the indian act, like the english act, avoids making a firm a corporate body enjoying the right of personal succession. the agreement of december 7, 1907, was made between ..... the indian income-tax act, 1922. the two words are defined in the income-tax act, 1961, in clause (47) of section 2. in cit v. dewas cine corporation : [1968]68itr240(sc) , a case under the 1922 act, it was explained that when a firm is dissolved, the assets of the partnership can be .....

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Mar 07 1988 (HC)

Commissioner of Income-tax Vs. Suresh Chandra Jain

Court : Andhra Pradesh

Decided on : Mar-07-1988

Reported in : (1988)71CTR(AP)42; [1989]178ITR241(AP)

..... rebate was originally granted and another person. the assets in respect of which development rebate was allowed were thrown into the partnership stock, so that those assets were henceforth regarded as partnership property under section 14 of the indian partnership act. the income-tax officer was of the opinion that when an individual throws his assets in respect of which development rebate ..... is no transfer of property involved.' 13. the madras high court further observed at pages 533-534 : 'section 14 of the indian partnership act shows the different processes or methods by which a firm or partnership may come to possess property. the section says 'the property of the firm includes all property and rights and interests in property originally brought into ..... was allowed into the common stock of the partnership, there is a transfer within the meaning of section 34(3)(b). the provisions ..... are that the partner to whom the property belonged before becoming partnership property losses his exclusive title to it and the right he thereupon acquires is only the right of a partner in the partnership assets, in accordance with the partnership agreement and the provisions of the partnership act. there is virtually a transfer of his right in the property to .....

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Jun 10 1988 (HC)

Bommidala Brothers Ltd. Vs. Authority, Payment of Gratuity Act and ors ...

Court : Andhra Pradesh

Decided on : Jun-10-1988

Reported in : (1994)IIILLJ998AP

..... filed in support of w.p. no. 2409/87 are that a concern by name m/s. bommidala poornaiah, a partnership firm at guntur, was functioning in which the petitioner is a partner. the said concern was registered under the indian partnership act. the firm ceased to exist from december, 1970 onwards and the services of the workmen, who were engaged in the company ..... in this court. both the authorities have given the well considered finding that the change in the nomenclature of the employers or conversion of a partnership firm into that of a limited company incorporated under the companies act cannot defeat the just and legal claims of the respondent-workers for payment of gratuity to them in accordance with law. to hold to ..... 1986. the primary contention of the petitioner in w.p. no. 12479/87 is that it is a company duly incorporated under the companies act in 1970. it has taken over the machinery and equipment from the partnership firm m/s. bommidala poornaiah in the year 1971. the said firm, as stated earlier, has gone out of business and is not carrying ..... gratuity from the said company.4. the main contention of the petitioner in this case is that m/s. bommidala poornaiah, which was a partnership firm, ceased to exist and went out of the provisions of p.p. act. in its place, a new company, under the name and style of m/s. bommidala brothers limited was allotted the same number by .....

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Mar 03 1988 (HC)

B.V.S.S. Mani Vs. Kowtha Business Syndicate Pvt. Ltd.

Court : Andhra Pradesh

Decided on : Mar-03-1988

Reported in : [1989]65CompCas305(AP)

..... is the son of kowtha suryanarayana rao. manohar is the son of mohanram sastry. secondly, this is not a case where a pre-existing partnership was converted into a private limited company. in the circumstances, there can be none, nor is there any evidence on records to show that shareholders ..... swarajya-sangha ltd. is a trust constituted by three families of kowtha suryanarayana rao, c. v. subba rao and c. authikesavulu chetty. similarly, the indian commerce and industries ltd. was also a company promoted and controlled by the said three families. since c. v. subba rao has gone out of these ..... the statutory report to the registrar, or in holding the statutory meeting ....'. 26. statutory meeting or statutory reports are provided for by section 165 of the act. sub-sections (1) and (2) of section 165 read as follows : '165. (1) every company limited by shares, and every company limited by ..... commerce and industries co. ltd. and swadharma swarajya sangha ltd. the last one is a non-profit sharing company governed by section 25 of the act. in all these companies, differences have arisen and a point has been reached where no reconciliation is possible. the petitioner and his family, who are ..... the company had only two directors, namely, mohanram sastry (based at hyderabad) and mani (based at madras). c. srinivasan was not a director, but was acting as the business secretary of the company. 6. in course of time, differences arose between mani, on the one hand and kowtha mohanram sastry, his son, .....

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Jun 27 1988 (HC)

international Packaging Industries Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Jun-27-1988

Reported in : [1990]76STC39(AP)

..... limited. 3. we find it not possible to agree. admittedly the gunnies were sold by the petitioner not to the individuals aforesaid but to the two partnership firms and the private limited company referred to above. now it cannot be presumed that the individuals who exported the barytes did so as agents of ..... the persons who exported, namely, k. obul reddy in the case of m/s. indian barytes and chemicals, c. m. ramanatha reddy in the case of m/s. ramalingeswara pulverising mills, are partners of those respective partnership firms, it must be deemed that they exported the barytes as agents of and on behalf ..... there is no evidence that export was effected by the firms/company which purchased gunnies from the petitioner or that the persons who actually exported barytes were acting as agents of and on behalf of the respective firms and company. 5. for the above reason, the t.r.c. fails and is dismissed ..... export. mere issuance of h forms by itself is not sufficient to bring the case within the four corners of section 5(3) of the act. it must further be proved that the goods purchased were actually exported by the purchaser. in this case no such proof is forthcoming. the relevant ..... manufacturer of gunnies, is entitled to claim exemption under section 5(3) of the central sales tax act, 1956, in respect of the turnover relating to sale of gunnies in favour of three firms, viz., m/s. indian barytes and chemicals, m/s. ramalingeswara pulverising mills and m/s. star barytes, cuddapah (private) .....

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Apr 13 1988 (HC)

Commissioner of Income-tax Vs. Nawab Hashim Jah

Court : Andhra Pradesh

Decided on : Apr-13-1988

Reported in : [1989]175ITR203(AP)

..... accrual of income depended upon the volition, consent or discretion of the partners of the firm either to admit these minors to the benefits of the partnership or not. it is in that context that the test of proximate or remote connection was laid down by the supreme court in prem bhai's ..... exercisable by the minors. that was why the income accruing to the minors on admission to the benefits of the partnership was remote and had no proximate connection with the transfer of the cash by their father to them. the income accrued neither directly nor indirectly inasmuch ..... 1970]77itr27(sc) was that, even though the minors received the gifts from their father on july 1, 1954, their admission to the benefits of the partnership on its reconstitution on july 2, 1954, depended on the volition and consent of the partners of the firm and did not flow merely from any right ..... transferred. they, therefore, held that the income arising to the three minor sons of the assessee by virtue of their admission to the benefits of partnership in the firm could not be included in the total income of the assessee. to our mind, it appears that the main reason why their lordships ..... shares should be assessed in the hands of the assessee-husband under section 16(3)(a)(iii) of the indian income-tax act, 1922, corresponding to the provisions of section 64(i) of the present act of 1961. the supreme court held that the transfers in question were direct transfers and the income realised by .....

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Mar 12 1988 (HC)

Commissioner of Income-tax Vs. Srinivasa Sugar Factory

Court : Andhra Pradesh

Decided on : Mar-12-1988

Reported in : (1988)74CTR(AP)104; [1988]174ITR178(AP)

..... words. the question referred is set out in the order of my learned brother. 24. for the assessment year 1977-78, the assessee, a partnership firm, filed a return declaring an income of rs. 75,010. in the footnote to the statement, the assessee claimed to set off the unabsorbed ..... the question expressed by different high courts, the present references are made. 3. learned counsel for the revenue submitted that the assessee being the partnership firm, if full effect could not be given to the unabsorbed depreciation of the previous year owing to there being no profits or gains chargeable ..... the same firm and by registration, the firm got certain additional qualifications and put upon itself certain additional burden. it also observed that the indian income-tax act, 1922, did not indicate any intention to deprive the firm subsequently registered of its right to carry forward the unabsorbed depreciation. so observing ..... for that year, be deemed to be the allowance for that year, and so on for succeeding years.' 8. by section 8 of the indian income-tax (amendment) act, 1953, which came into force from april 1, 1952, an amendment was made in the aforesaid clause. after the amendment, the said clause ..... to an assessee for purposes of computation of profits and gains of business, profession or vocation were contained in section 10 of the indian income-tax act, 1922. section 10(2)(vi)(b) was the relevant provision which permitted the benefit of carry-forward and set-off of unabsorbed depreciation .....

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Jan 28 1988 (HC)

E. Vijayakumar Rao Vs. A. Satyanaryana Raju and ors.

Court : Andhra Pradesh

Decided on : Jan-28-1988

Reported in : 1988(1)ALT591

..... effectively because of the breathing problem which has arisen due to diminished lung capacity and mal-union of the ribs. except this, we do not have any details of the partnership income or extent of agriculture. it is true that we do not have more particulars to compute the alleged losses accurately but, at the same time, it cannot be said ..... rs. 5,000/- is to be awarded.19. nextly, on the question of pecuniary loss in the income. we have on record that the appellant was a partner in a partnership firm doing contracts business and that he withdrew from the business after the accident. the appellant as p.w. 1 said his investment was rs. 50,000/-. he also stated ..... award for pain, suffering, loss of amenities are concerned there is no distinction between the rich and the poor.(c)12. i have, on a comparison of english cases and indian, tried to lay down a certain range or brackets of damages for different types of injuries. in a.p.s.r.t.c. v. dayanand naidu, 1987 (2) a.l .....

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Jan 27 1988 (HC)

T. Rama Rao Vs. Income-tax Officer

Court : Andhra Pradesh

Decided on : Jan-27-1988

Reported in : [1989]179ITR287(AP)

..... appended to the return, it was held, the amounts representing the shares of the husband and minor daughter of the assessee in the profits of the two partnership firms had to be shown. the assessee failed to disclose these amounts in the return. that failure was held to be a breach of obligation imposed by ..... the assessee 'failed' to disclose the income of his minor daughter in the earlier three returns, and, therefore, under clause (a) of section 147 of the act, the impugned proceedings are initiated, and whether the income-tax officer has jurisdiction to reopen the assessment order concluded earlier. we see, in the former proceedings, that ..... income in the respective three returns. the income-tax officer construed the audit report as 'information' within the meaning of clause (b) of section 147 of the act and reopened the assessments for the three years. the order of the income-tax officer was reversed on appeal. the income-tax appellate tribunal, on march 22, ..... children of the deceased took the parents' share. the issue came to be decided in the case under the land tax assessment act, 1910-1916. in the assessment order for 1918-1919 under the act, the trustees claimed seven deductions of 5,000 (pounds). six deductions of 5,000 (pounds) were allowed. the revenue raised the ..... raghuvir, j.1. the three writ petitions arise under the income-tax act, 1961. tallam rama rao is the assessee in all the three cases. he averred earlier to the impugned proceedings, that the income-tax officer, .....

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