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Judgment Search Results Home > Cases Phrase: indian partnership act Court: andhra pradesh Year: 1999 Page 1 of about 13 results (0.066 seconds)

Aug 17 1999 (HC)

S. Kireetendranath Reddy Vs. A.P. Transco, Vidyut Soudha, Hyderabad an ...

Court : Andhra Pradesh

Decided on : Aug-17-1999

Reported in : 1999(5)ALD398; 1999(5)ALT47

..... has gained through its human agency. but similar treatment cannot be extended to a no-legal person. 17. section 4 of the indian partnership act, 1932, defines the terms 'partnership','partners', 'firm' and 'firm-name'. it reads: '4. definition of 'partnership':--'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any of them ..... the learned standing counsel in my considered opinion, is not well-founded. under section 14 of the indian partnership act, goodwill of the business is the property of the firm, the term 'goodwill' is nowhere defined in the indian partnership act or the repealed provisions of the indian contract act. 'goodwill' is a thing which is very easy to describe but very difficult to define. according ..... far and it is for some purposes that the law has extended a limited personality to a firm which is not a legal entity. 21. chapter iv of the partnership act deals with the relations of partners to third parties. section 18 provides that a partner is the agent of the firm for the purpose of the business of the firm ..... telecommunications, telecom district, hyderabad should have taken into consideration the experience of the constituents of new horizons limited (nhl) which is described as 'in the nature of a partnership between the indian group of companies and the singapore-based company' by the supreme court in para 38 of the judgment, directly fell for consideration. in that case, the department of .....

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Sep 21 1999 (HC)

Saptagiri Auto Investments Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Sep-21-1999

Reported in : 2000(1)ALD306

..... the averments in the plaint, in brief, are as follows:the plaintiff is the auto financing company. it has its office at hindupur carrying on business in partnership registered under the indian partnership act. the plaintiff carries on business of advancing money by way of loans for purchase of lorries and other vehicles and also gives lorries and other motor vehicles on ..... is excluded, civil courts have jurisdiction to examine whether the provisions of the act have not been complied with or the statutory tribunal has not actedin conformity with the fundamental principles of judicial procedure. in cases where there is no express prohibition, the ..... statue are not elaborate and the power to record evidence etc., or of determining collateral fact by the authority constituted under the statute upon which the jurisdiction under the act is vested is not provided for, civil courts are not barred from entertaining a suit notwithstanding the fact that there is an express exclusion thereunder. even where the jurisdiction ..... whether the remedy of a civil suit is open to an aggrieved person to challenge an illegal order made under the statute, the alter, native remedy provided by the act must be taken into consideration. where elaborate provisions are made in the statute for alternative and adequate remedies, including provision for recording evidence and for determining facts, civil court .....

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Feb 02 1999 (HC)

Avula Contractions Pvt. Ltd., Secunderabad and Another Vs. Senior Divi ...

Court : Andhra Pradesh

Decided on : Feb-02-1999

Reported in : 1999(3)ALD105; 1999(3)ALT236

..... . in these circumstances, to import the definition of the word 'person' occurring in section 3(42) of the general clauses act, 1897, into section 4 of the indian partnership act will, according to lawyers, english or indian, be totally repugnant to the subject of partnership law as they know and understand it to be. it is in this view of the matter that it has been ..... consistently held in this country that a firm as such is not entitled to enter into partnership with another firm or individuals ..... has not given legal personality to a firm apart from the partners.....'15. in m. sitaram reddy v, indian railways : 1995(1)alt14 , a learned single judge of this court held :'... it is relevant to note, a partnership firm does not have a separate legal identity and every partner of the firm represents the firm.....'16. similarly, in margadarsi bore wells v ..... is based on english law and we have also adopted the notions of english lawyers as regards a partnership firm.'it was also held :'it is clear from the foregoing discussion that the law, english as well as indian, has, for some specific purposes, some of which are referred to above, relaxed its rigid notions and extended a limitedpersonality to a firm .....

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Oct 05 1999 (HC)

Adduru Dasaradarami Reddy Vs. Indian Bank, Madras-body Corporate and O ...

Court : Andhra Pradesh

Decided on : Oct-05-1999

Reported in : 1999(6)ALD668; 1999(6)ALT103

..... that:'.....the persons who are individuallycalled partners are collectively a firm, and the name under which their business is carried on is called the firm name, see section 4 of indian partnership act, 1932.' '.....in the absence of the requisiteconsent of the central government, a suit, which is in reality, though not in form, a suit against the maharaja of sirmur, is barred ..... these persons as carrying on business in the names of the firms. 4. order 30, rule 4 of the civil procedure code provides that notwithstanding anything contained in section 45 of the indian contract act, 1872, two or more persons may sue or be sued in the name of a firm under the foregoing provisions and if any of such person die, whether before ..... him to use their names for the purpose of taxation and other things and, therefore, they conceded their request. the partnership deed is a sham and nominal document and it is not binding on the other defendants and was never acted upon. they denied taking of loans from the bank and execution of pronote. the 2nd defendant obtained the signatures and thumb ..... in as no.2740 of 1993, the plaintiff-bank is the appellant.2. the plaintiff-bank viz., indian bank filed the suit for recovery of rs.10,94,047-55 ps. with costs against defendants 1 to 11. the 1st defendant is a partnership firm. defendants 2 to 5 and one late adinarayana reddy are the partners of defendant no.1 firm .....

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Oct 29 1999 (HC)

Montari Industries Ltd., New Delhi Vs. Sri Tirumala Venkateswara Agenc ...

Court : Andhra Pradesh

Decided on : Oct-29-1999

Reported in : 2000(1)ALD504

..... partners are collectively called afirm, and the name under which their business is carried on is called the firm name, see section 4 of the indian partnership act, 1932. order 30 rule 1 of the code of civil procedure enables two or more persons claiming or being liable as partners and carrying on ..... was competent, and a decree could be passed against the firm other than the maharaja of sirmur, and such a decree could be executed against the partnership property and against the other partners by following the procedure of order 25, rule 50 of the code of civil procedure.' 8. as regards the ..... firm in the firm's name, then judgment can only be obtained as against the surviving partners and be enforced against them and against the partnership assets.' the above illustrations show that a suit may be brought under the provisions of order 30 of the code of civil procedure against a ..... to say that the plaintiff is a company incorporated at new delhi and is a manufacturer of pesticides and insecticides. the 1st defendant is a partnership firm with defendants 2 to 5 as its partners. the 1st defendant is a dealer in fertilisers and pesticides and purchases pesticides and insecticides from the ..... title deeds, the question of stamp duty and registration does not arise.9. the next question is whether ex.a3 is a bond. under the indian stamp act, 1899 a bond is defined under section 2(5). the relevant portion of the definition reads as follows:'(b) any instrument attested by a witness .....

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Sep 10 1999 (HC)

Sri Laxmi Cloth Stores, Vijayawada Krishna Dist. Vs. Ratna and Co., Ma ...

Court : Andhra Pradesh

Decided on : Sep-10-1999

Reported in : 1999(6)ALD230; 1999(6)ALT681

..... has been shown in the register of firms as one of the partners of the firm as required in sub-section (2) of section 69 of the indian partnership act and as such the suit is not maintainable. hence this appeal by the plaintiff.3. the learned counsel for the appellant, placing reliance on the decisions of ..... case where the defendant remains ex parte and no issue is raised with regard to the fulfilment of the conditions prescribed in section 69(2) of the partnership act. the judgment of the division bench relied on by the lower court cannot, therefore, be understood as being contrary to the decisions of the learned single ..... for the purpose of determining the vacant land held by each partner. in that context the division bench merely noticed the provisions of section 69 of the partnership act and observed that as per the said section no suit shall he by or against the firm or its partners unless the firm is registered and unless ..... ex.a1 is the photostat copy of the acknowledgment of registration of firms issued by registrar offirms dated 7-7-1996. ex.a2 is the photostatcopy of partnership deed dated 1-4-1996. ex.a3 is the katha of the defendant in the ledger of the plaintiff for the year 1997-98. ex.a4 is ..... , however, does not bear out this view. the division bench mainly dealt with the question as to how the land held by a partnership firm should be dealt with for the purpose of determining the vacant land held by each partner under the provisions of the urban land (ceiling regulation .....

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Dec 31 1999 (HC)

Dr. Ambedkar Educational Society, Hyd. Vs. Kamakshi Buildings, Hyd. an ...

Court : Andhra Pradesh

Decided on : Dec-31-1999

Reported in : 2000(2)ALD629; 2000(2)ALT418

..... city civil court, hyderabad, making the ex.a 12 award as rule of the court. according to the trial court, ex.a10 partnership deed was registered under the partnership act and its genuineness or otherwise cannot be challenged by the 1st defendant that too in a proceeding of this suit. the appointment of ..... arbitrator and his passing of award under ex.a12 and its registration under the indian registration act under section 17, cannot be questioned in the ..... reply dated 8-12-1988, ex.a7 no mention has been made about the oral gift. on the other hand, the plaintiff produced deeds of partnership exs.a9 and a10 whereby the plaintiff and the 3rd defendant entered into an agreement to develop the schedule property. the appellant did not vacate the ..... rent of rs. 1,200/-. the lease expired already. while so the 3rd defendant with a view to develop the schedule property entered into partnership with the plaintiff and a deed was executed between them on 1-4-1986. thereafter some disputes arose between the plaintiff and the 3rd defendant and ..... present suit as the suit was filed for eviction of 1 st defendant and not for setting aside the partnership deed or the award ex.a 12 nor for cancellation of .....

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Feb 14 1999 (HC)

T. Venkatram Reddy Vs. Sri M. Malla Reddy and Another

Court : Andhra Pradesh

Decided on : Feb-14-1999

Reported in : 1999(2)ALD110; 1999(1)ALT769

..... showing of the complainant himself, the petitioner herein is not liable to be prosecuted for an offence punishable under section 501 1pc as the petitioner is a partner of the partnership firm which runs daily newspaper called as 'deccan chronicle'. the learned counsel mr. mahmood' ali further submitted that the reporter, who wrote the article is primarily responsible for defamation if ..... this court as under: relying upon another ruling reported in state of maharashtra v. r.b. chowdhari, : 1968crilj95 , the learned single judge held that the complaint filed under section 501 ipc is not maintainable against the chairman who was publishing the newspaper.8. the learned counsel further relied upon a ailing reported in udayam telugu daily, 7/1 azamabad industrial area ..... mentioned by us. the law on the subject is absolutely clear and there are a number of decisions of this court which have interpreted the relevant sections of the press act.'7. the learned counsel further relied upon a ruling reported in dasari narayana rao v. r.d. bhagvandas and another, 1986 crl.lj 888, which is a ruling of the ..... code only the reporter, who wrote the article, is responsible whereas vicarious liability is fastened on the editor and the publisher under the press and registration of books act, 1867 (act 25 of 1867). but no penal law holds the owner of the press responsible for an action for defamation and therefore it was submitted by the learned counsel for the .....

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Feb 04 1999 (HC)

T. Venkatram Reddy Vs. M. Malla Reddy and anr.

Court : Andhra Pradesh

Decided on : Feb-04-1999

Reported in : 1999CriLJ1473

..... the complainant himself, the petitioner herein is not liable to be prosecuted for an offence punishable under section 501, i.p.c. as the petitioner is a partner of the partnership firm which runs daily newspaper called as 'deccan chronicle'. the learned counsel mr. mahmood ali further submitted that the reporter, who wrote the article primarily responsible for defamation if any ..... the complainant. the editor, who is supposed to edit the news, can be held responsible and the publisher can also be held responsible in a criminal case for defamation. under indian penal code only the reporter, who wrote the article, is responsible whereas vicarious liability is fastened on the editor and the publisher under the press and registration of books ..... act, 1867 (act 25 of 1867). but no penal laws holds the owner of the press responsible for an action for defamation and therefore it was submitted by the learned counsel for the ..... mentioned by us. the law on the subject is absolutely clear and there are a number of decisions of this court which have interpreted the relevant sections of the press act. 7. the learned counsel further relied upon a ruling reported in dasari narayana rao v. r.d. bhagvandas 1986 cri lj 888, which is a ruling of the learned single .....

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Aug 16 1999 (HC)

Sethmal and Company Vs. Sri Laxmi Paradise (Leela Mahal) and Others

Court : Andhra Pradesh

Decided on : Aug-16-1999

Reported in : 1999(5)ALD642; 1999(5)ALT186

..... the power of attorney holder and the agent of the plaintiffs in the above suits filed and prosecuted the suits as against m/s sri laxmi paradise (leela mahal), a partnership concern, and its partners the common defendants. the plaintiffs are the money lenders at madras. the defendants for the purpose of construction of the 1st defendant theatre approached the ..... claimed by the appellants at 30% per annum is not excessive. in this judgment the provisions of usurious loans act, more particularly as amended by the madras amendment act have not been considered. the court proceeded to consider section 16 of the indian contract act to see whether the contract is not necessarily unconscionable. the considerations available under section 16 of the contract ..... interest is charged that the interest is excessive. the guidelines enumerated above are the outcome of the various judgments which elucidated the relevant provisions embodied in section 3 of the act.28. keeping in view the criteria emerging out the above discussion, the evidence on record is to be appreciated. the appellants have been carrying on money lending business at ..... he criteria embodied in sub-section (2)(a) to (d) and the explanation appended thereunder and by raising the necessary presumption under explanation i to subsection (1) of the act. further more, the explanation added underneath sub-section (2) shows that the interest may of itself be sufficient evidence that the transaction was substantially unfair. a perusal of the .....

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