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Judgment Search Results Home > Cases Phrase: indian partnership act Court: andhra pradesh Year: 1998 Page 1 of about 13 results (0.125 seconds)

Oct 16 1998 (HC)

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

Court : Andhra Pradesh

Decided on : Oct-16-1998

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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Oct 30 1998 (HC)

Coromandal Fertilisers Limited, Sec'bad Vs. State of A.P. and others

Court : Andhra Pradesh

Decided on : Oct-30-1998

Reported in : 1998(6)ALD752; 1998(6)ALT730

..... subsequent cases, the learned judges observed that the expression 'business' was construed in its widest amplitude. reference was then made to the provisions of indian partnership act dealing with the dissolution of firm. the division bench observed thus: 'until liabilities of the firm and its partners are discharged, incomplete contracts are ..... judgment has to be appreciated. the provisions of the partnership act do not come into play in the present case as the assessee is a limited company. moreover, in the two cases on hand, there ..... that decision rests, in our view, on the finding that there was no transfer of business as such and secondly on the provisions of the partnership act. rule 6(h) of apgst rules also swayed the conclusion reached by the learned judges. it is in this back ground, the said ..... 83itr403(sc) , the supreme court construed the expression 'in the course of carrying on business' occurring in section 5(1)(xiv) of the gift tax act. after referring to travancore-cochin case (supra) their lordships observed that the expression 'in the course of carrying on business' means that the gift should ..... at or after the closing, to effect the registration of all the acquired business immovable properties that are subject to registration under the registration act. accordingly, a deed of conveyance was executed by the petilioner-company in favour of the buyer company on 26-12-1997 in respect of .....

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Jul 23 1998 (HC)

Ramlal Agarwal Vs. Rampratap and ors.

Court : Andhra Pradesh

Decided on : Jul-23-1998

Reported in : 1998(6)ALD76

..... . this view of ours gets ample support from mulla hindu law, page 265 (16th edition), wherein it is stated that such a partnership could be governed by the provisions of indian partnership act, 1932 with the result that if the manager dies, the partnership would be dissolved. privy council has also expressed the opinion in pichappa v. chokalingam, air 1934 pc 192, if a member ..... of the joint family joins in partnership with strangers it is in his individual capacity but not the other members. therefore, it is clear ..... of joint family assets in the hands of third parties can be enforced. but when the asset is a share in the partnership firm, the remedy lies in accordance with the terms of the partnership deed and the provisions of the partnership act, 1932, but not by way of a simple suit for partition. it is well settled that when a member of a ..... a partner in a firm, his rights and obligations in respect of other partners of the firm are determined by the partnership act and not by the principles under hindu law. so also if any of the coparceners desires to discontinue the partnership business entered into by the kartha of the joint family, they can only sue the kartha of the family for .....

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Feb 20 1998 (HC)

B. Ramulu Vs. E.N. Setty

Court : Andhra Pradesh

Decided on : Feb-20-1998

Reported in : 1998(2)ALD824; 1998(3)ALT121

..... deed was not executed and the amounts were not paid?14. this a case of 'partnership at will'. section 7 of the indian partnership act, 1932 (for short 'the act'), speaks of partnership at will. if a partnership deed does not provide for its duration and for its determination, then such a partnership is called partnership at will.15. the retirement of a partner and the dissolution of a ..... partnership are two different concepts and incidents in a partnership and they are dealt with in two different ..... not, or on what date it was dissolved, is a question that could be inferred from the facts of each case. sec.43 of the act speaks of the dissolution of a partnership at will. the partnership at will, can also be dissolved by giving notice to all the other partners, of his intention to dissolve the firm and the firm is dissolved ..... vaiyapnri mudaliar and sons, avanashi v. m/s sri arunodaya textiles, erode, : air1996mad19 , dealing with the question whether notice in writing under section 31(c) of the act is necessary, it was held that in cases of partnership at will it was not necessary to issue notice before retirement when there is an agreement between the parties. it was observed:'when the .....

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Aug 18 1998 (HC)

Kolleri Constructions, Hyd. Vs. Nectar Laboratories, Ltd., Hyd.

Court : Andhra Pradesh

Decided on : Aug-18-1998

Reported in : 1998(5)ALD306; 1998(5)ALT213

..... had coerced the petitioner/firm in obtaining the signature of biju kolleri, the partner of the partnership firm and, therefore, the full and final satisfaction deed is void? 16. under section 14 of the indian contract act, a consent is said to be free when it is not caused by coercion as ..... of such coercion, undue influence, fraud, misrepresentation or mistake. section 15 of the contract act defines coercion. it says that coercion the committing of any act or threatening to commit any act forbidden by the indian penal code or unlawfully detaining or threatening to detain any property to the prejudice of any ..... these conditions should be established by the party seeking to avoid the transaction. according to sub-section (3) of section 16 of the contract act, if the transaction appears, on the face of it, to be unconscionable, then, the burden of proving such contract was not influenced by undue ..... supp. (3) scc 126, the v additional judge, city civil court, hyderabad, on an application under sections 8, 11 and 12 of the old act, had appointed an arbitrator at the instance of the contractor for adjudication of the dispute between the contractor and the owner. the high court, in revision ..... person whatever with the intention of causing any person to enter into an agreement. to attract the provisions of section 16 of the contract act, .....

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Jul 22 1998 (HC)

Commissioner of Income Tax, Visakhapatnam Vs. Circar Enterprises

Court : Andhra Pradesh

Decided on : Jul-22-1998

Reported in : 1998(5)ALD524; [1998]234ITR628(AP)

..... licensing authority has not been obtained, since there is no prohibition to include or exclude any members from the existing partnership, the assessee-finn is entitled to registration under the income tax act without regard to rule 39 of the rules.13. the division bench of this court in the decision cited : ..... of registration; (b) the finding of the appellate tribunal that there was no contravention of rules 38 and 39 of the andhra pradesh (foreign liquor and indian liquor) rules, 1970 was not correct; and (c) in view of the decision of the supreme court in bihari lal jaiswai v. cit : [ ..... counsel for the income tax department and sri chalapathi, learned counsel for the assessee.11. rule 39 of the andhra pradesh (foreign liquor and indian liquor) rules, 1970 provides that no licensee shall, except with the prior permission of the licensing authority get any other person included as a partner ..... consideration before us.9. though the revenue has formulated the abovementioned three questions separately, but they centre around rule 39 of the andhrapradesh (foreign liquor and indian liquor) rules, 1970 and the decision cited : [1984]145itr759(ap) and as such they are being answered jointly.10. we have heard sri j ..... in law, the finding of the appellate tribunal that there was no contravention of rules 38 and 39 of the andhra pradesh (foreign liquor and indian liquor) rules, 1970, was correct? (3) whether on the facts and in the circumstances of the case and in law, the appellate tribunal .....

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Dec 31 1998 (HC)

A. Ramaswamy (Died) and Others Vs. K. Rama Murthy (Died) and Others

Court : Andhra Pradesh

Decided on : Dec-31-1998

Reported in : 1999(2)ALD13; 1999(2)ALT1

..... therefrom.'27. in 'a. chinna ramanatham naidu v. b. subbarami reddy' (supra), the division bench of high court of a.p. held as follows:'partnership act, 1932, section 34, 43 and 44 and partnership deed, clause 13 -dissolution of partnership at will - stay of proceedings of a suit filed by a partner - a partner of firm not barred from filing a civil suit where ..... by his conduct which indicated that he was not interested to have matter decided by civil court.'for and against rival contentions and the scope of section 34 of the indian arbitration act it is useful to refer to some more following authorities of different high courts.31. in mary manharlal v. wadhwa sales corpn., nagpur, : air1984bom27 , the nagpur bench of bombay ..... of the advocatesdoes not change the legal position. the question of subjecting to jurisdiction arises only when the parties who seek to file an application under section 34 of the indian arbitration act either has filed written statement or requested to file written statement but not in a case where the matter was adjourned from one day to another suo-motu. the ..... any objections to interlocutory applications, it will not prevent that party from seeking stay of proceedings by filing separate application. the scope and aiming of section 34 of the indian arbitration act can be properly understood by referring to the various authorities referred to above herein whose portions extracted hereunder. the principles laid down in alt the authorities arc either similar or .....

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Sep 23 1998 (HC)

Commissioner of Income-tax A.P.-ii, Hyd. Vs. P.B. Jai Sing

Court : Andhra Pradesh

Decided on : Sep-23-1998

Reported in : 1998(6)ALD709; 1998(6)ALT431

..... partner of a registered firm.9. the undisputed facts are that m/s. sawan films originallly consisted of threepartners. one of the partners retired. the partnership existed for 1973-74. for the year 1974-75, there was a change in the constitution of the firm, as one of the partners retired and ..... observations of the karnataka high court arc as follows :'.... the kerala high court held that under sub-section (2) of section 24 of the indian i.t. act, 1922, such cany forward and set-off of the loss of the firm during the period when it was unregistered against the profit of the firm ..... case: the respondent is a firm registered under the income tax act. it consists of four partners. it carries on business in speculation. it had entered into partnership with an individual for the same business, which is an unregistered partnership. the said partnership sustained loss. it is claimed that the said loss should be ..... view in sunil theatre case (supra). in that case, it was held as follows :'on an interpretation of section 77(1) of the income-tax act, 1961, if an unregistered firm becomes a registered in the subsequent year, the loss incurred by the unregistered firm can be carried forward in the ..... against the partner's own income from other sources. therefore, he revised the order of the income tax officer under section 263 of the income tax act.4. against the order of the commissioner of income tax, the assessee filed an appeal before the tribunal. the tribunal allowed the appeal and set .....

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Aug 20 1998 (HC)

Vikas Jalan Vs. Nucon Industries Private Limited, Somajiguda, Hyderaba ...

Court : Andhra Pradesh

Decided on : Aug-20-1998

Reported in : 1998(5)ALD402; [2001]103CompCas343(AP)

..... respondent/company did not pay inspite of demand made through registered notice dated 20-9-1987 and statutory notice under section 434 of the indian companies act, (for short 'the act') dated 17-11-1987. on 28-9-1988, on the application of vikas jalan in ca 171 of 1988 for deleting the name ..... ltd. (for short, 'aril'). this joint hindu family also got 67 per cent share in the partnership firm named and styled as the secunderabad commercial company (for short, 'scc'). these private limited companies and the partnership firm were floated by r.k. jalan and one r. khemka whose family had 33 per cent in ..... the application is not maintainable because the other two trustees of vikas trust were not impleadcd in the application in contravention of section 48 of the tmst act. it has beenlastly contended on behalf of the respondent/ nucon that as per the trust deed, smt. kavita jalan had equal share with the ..... applicant in the trust property and without joining her the petition is not maintainable under section 45 of the contract act.8. the first point that falls for determination is whether vikas tmst had deposited as security deposit the sum of rs.6 lakhs with the respondent ..... majority, it cannot be said that the application is bad for non-joinder of kavita jalan, on the strength of section 45 of the contract act. no issue had been framed regarding the maintainability for non-joinder of the co-trustees and the nonjoinder of kavita jalan, it was not specifically .....

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Mar 17 1998 (HC)

Souther Agencies Vs. Andhra Pradesh Employees State Insurance Corporat ...

Court : Andhra Pradesh

Decided on : Mar-17-1998

Reported in : 1998(3)ALD15; 1998(2)ALT731

..... , is the focal point for consideration in this matter.5. turning on to the contextual facts, it appears that the appellant is a partnership firm having its head office/administrative office at rajahmundry. on the relevant date, the firm was running six shops at various places, including ..... for, or the distribution or sale of the products of, the factory or establishment; but does not include- (a) any member of the indian naval, military of air forces; or (b) any person so employed whose wages excluding remuneration for overtime work exceed one thousand and six ..... mean, 'any person employed for wages in or in connection with the work of a factory or establishment to which this act applies'. the amendment act of 1956 (act no.44 of 1956), however, brings on to the statute book the following:'and includes any person employed for wages ..... (labour.ii) with the approval of the central government. there is no dispute that the notification noted above categoricallybrings within the ambit of the act, 1948 all establishments pertaining to hotels; restaurants; shops; motor transport establishments; newspaper establishments where twenty or more persons are employed or were employed ..... .i. corporation.. : (1988)illj235sc lends support to the observation as above. the supreme court observed: '.. while construing a welfare legislation like the act and the notification issued thereunder, a liberal construction should be placed on their provisions so that the purpose of the legislation may be allowed to be .....

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