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Judgment Search Results Home > Cases Phrase: indian partnership act Court: andhra pradesh Year: 2004 Page 1 of about 25 results (0.102 seconds)

Feb 12 2004 (HC)

M. Prabhakar Reddy Vs. Jagdish Prakash Vijayawargi and ors.

Court : Andhra Pradesh

Decided on : Feb-12-2004

Reported in : 2004(2)ALT319

..... is not properly stamped, the same cannot be looked into, and likewise the connection of the petitioner inasmuch as the partnership firm is an unregistered one, having regard to the provisions of section 69 of the indian partnership act, 1932, no proceeding can be initiated by or on its behalf against a third party, are concerned, i am of the opinion that they ..... non-speaking order, and is therefore, liable to be set aside. the alleged unregistered partnership deed is improperly stamped, and therefore, cannot be looked into. he submitted that inasmuch as the alleged partnership firm, is an unregistered one, having regard to the provisions of section 69 of the indian partnership act, 1932, respondent no. 1 is not entitled to maintain the very suit itself. inasmuch ..... as the petitioner is neither connected with the affairs of the partnership firm nor has anything to do with the partnership firm, he is not a necessary and proper party to the suit, and ..... necessary party to the suit, and more so when it is the specific contention of respondent no. 1 that the properties purchased by the petitioner constitute the properties of the partnership firm, and the court below had rightly allowed the application filed seeking his impleadment as defendant no. 6 to the suit.8. now coming to the contention of the petitioner .....

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Aug 05 2004 (HC)

Samyuktha Cotton Trading Company Vs. Bheemineni Venkata Subbaiah and o ...

Court : Andhra Pradesh

Decided on : Aug-05-2004

Reported in : AIR2005AP1; 2004(5)ALD497; 2004(5)ALT534

..... clearly disentitle the appellant from blocking the proceedings in the e.p. it was also contended that neither the partnership deed nor the retirement deed were registered, and for that reason, the claim itself is barred by section 69 of the indian partnership act. a further plea was raised to the effect that an immovable property could not have been brought into the ..... fold of the partnership or relinquished thereafter, except in accordance with section 17 of the indian registration act.4. sri m. chandrasekhara rao, learned counsel for the appellant submits that ..... appellant-firm, and that the 7th respondent has no right, interest or claim in respect of the firm. according to the learned counsel, the bar under section 69 of the partnership act, does not operate, since the appellant-firm was registered by the time it submitted the claim. learned counsel also submits that registration, as contemplated under section 17 of the ..... khan : [1989]3scr484 , held that registration of a firm during the pendency of a suit does not cure the defect arising out of non-complaince with section 69 of the partnership act. in raptakos brett and company limited v. ganesh property (supra), the supreme court discussed the matter at length, in relation to the contentions that subsequent registration of a firm .....

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Jul 09 2004 (HC)

Andhra Bank Vs. Vattikuti Sreemannarayana and ors.

Court : Andhra Pradesh

Decided on : Jul-09-2004

Reported in : AIR2005AP108; 2004(5)ALD111; 2004(6)ALT11; I(2005)BC294; [2005]128CompCas665(AP); 2005(1)CTLJ519(AP)

..... abkari rules. the appellant's learned advocate has, however, urged that the provisions of the then cochin abkari act were different, inasmuch as section 22 of the act did not make the partnership in contravention expressly void and the particular rule forbidding transfer was beyond the delegated authority to frame rules. ..... first issue framed by the trial court was, 'whether the suit pronote is void and illegal as the amount lent under it is for partnership in abkari business and is opposed to public policy and statute?' this issue was decided in favour of the defendants and against the plaintiff-bank ..... was denied that the amounts were received. the main defence which was taken by the defendants was that they had formed themselves into a partnership firm for doing arrack business and this fact was known to the plaintiff-bank. the arrack business was not permissible, so the amounts advanced ..... followed the decisions of other high courts by holding a partnership in contravention of the excise rules of the state to be void. we feel that section 24 of the cochin contract act being similar to section 23 of the indian contract act, there was no necessity to expressly provide that contracts in ..... contravention of the abkari act would be void. agreements calculated to defeat the object of any enactment would .....

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Aug 06 2004 (HC)

A.P. State Cooperative Societies Secretaries and Employees Union Rep. ...

Court : Andhra Pradesh

Decided on : Aug-06-2004

Reported in : 2004(5)ALT61

..... the institution and education of the members as to the cooperative principles. essentially however cooperation is another mode of business activity akin in that sense to either individual entrepreneurship, partnership or a joint stock mode of business. a distinction from other modes of business however is that the business relationship in a cooperative institution is with its members who are ..... and financial affairs of the primary agricultural credit cooperative societies in the state, which are intended to provide a critical service to the agricultural community, a critical component of the indian civil society. the state's interference without undertaking any compensatory financial liability or obligation, in the affairs of the pacs and demonstrably in blatant subversion of the legislative mandate ..... p. no. 3076 of 2002. in the writ petition a direction was sought to the respondents not to apply the provisions of the a.p. cooperative societies second amendment act 2001 (act 22 of 2001) to the amounts already drawn prior to the amendment and not to take any coercive steps such as recoveries or refixation of salaries. it was principally ..... appear to have been rid of its earlier mind set of exercising control over the employees of the pacs despite the explicit legislative mandate of sec. 116c of the act introduced by act 21/85 whereby the control over its employees vests with the pacs. in the mandatory legislative context neither the registrar nor the government ought to have had any .....

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Oct 14 2004 (HC)

Shalimar Video Company, Rep. by Its Partner Mr. Mohd. Ashraf Vs. Divya ...

Court : Andhra Pradesh

Decided on : Oct-14-2004

Reported in : 2004(6)ALD447; 2004(6)ALT244

..... public through various new media and means. 124. further in the plaint averments, the plaintiff had specifically stated that it is a registered partnership firm carrying on the business of buying films for processing and making video-gram cds/vcds and marketing the same. in the plaint it ..... selling pirated vcds/dvds in respect of the suit schedule films.16. in the above background the plaintiff-m/s shalimar video company, a partnership firm, hyderabad, filed the suit for -(a) declaration that it is exclusively having world video rights of vcd/dvd and other format of ..... the parties will be referred to according to their array in the suit.5. plaintiff-m/s shalimar video company, hyderabad, is a registered partnership firm carrying on the business of buying films for processing and making video gram cds/vcds and marketing the same. first defendant-m/s divya ..... light of the specific ground taken by the plaintiff in this appeal with regard to the application of section 73 of the indian trusts act 1882 (for short 'the trusts act'), i deem it absolutely necessary to formulate the first point for consideration, exercising the jurisdiction of this court under order 41 ..... as aforesaid to the assignees is not limited or restricted in any manner whatsoever and includes without being limited to the right to telecast, through any indian or foreign satellite agency the reception and the transmission/distribution of the same by cable operators resulting thereby in its communication to the public.(e) .....

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Dec 23 2004 (HC)

Sarvaraya Textiles Ltd. Vs. N. Rajagopal and Co. and ors.

Court : Andhra Pradesh

Decided on : Dec-23-2004

Reported in : 2005(3)ALD636; 2005(4)ALT405

..... against the respondents for non-production of the account books of the first respondent.14. in view of section 28 of the partnership act a person who holds himself out as a partner of a firm would be liable to third parties, who believing such representation ..... and since account books of first respondent, which disclose as to who all have interest therein, are not produced i hold that first respondent is a partnership firm and that respondents 2 to 5 are its partners. the point is answered accordingly.point no,2:15. the case of the appellant, and ..... concern. thus account books of the first respondent would be the best piece of evidence to reveal whether it is a sole proprietary concern, or a partnership firm and as to who have interest therein. but, for reasons best known to the respondents, they did not produce the account books of first ..... its jurisdiction, that it has jurisdiction to try the suit. on additional issues 1 and 2 which relate to the question whether first respondent is a partnership-firm and if 2nd respondent is the managing partner and respondents 3 to 5 are partners therein or, if it is the sole proprietary concern of ..... interest, more so because the transaction between the appellant and respondents is but a commercial transactions, by placing strong reliance on m/s. thakral and sons v. indian petro chemicals corporation ltd., : air1994delhi226 and sri srinivasa co. v. firm, vitta dodda hanumanthappa anjayya setti, : air1985ap21 .7. there is no representation on behalf .....

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Dec 31 2004 (HC)

K.T. Afzal Khan, S/O Late K. Hyder Khan Vs. Kunsetty Ramesh Babu, S/O ...

Court : Andhra Pradesh

Decided on : Dec-31-2004

Reported in : 2005(1)ALD700; 2005(1)ALT696

..... it is obvious that once the document is not a family settlement or any of the transfers envisaged under the transfer of property act and the indian stamp act, it should invariably fall within the category of residuary provision of conveyance. a fortiori when there has been transfer of interest in the ..... an instrument by which property is transferred inter vivos. explanation-ii: - an instrument whereby a partner transfers his share in the property of the partnership business to another partner or to other partners, whether separately or together with transfer of other business assets on retirement or dissolution or whereby contributes ..... to the capital of the partnership firm by transferring his right and title to, or interest in any property, is for the purpose of this clause an instrument by ..... judge, cuddapah. the learned judge directed the claim petitioners to pay the stamp duty and penalty as per article 40 of the indian stamp act (for brevity 'the act') assessing the stamp duty at rs.8,434/- having been of the view that the document in question was a partition deed, ..... try to sustain them on broadest considerations of the family peace and security. this concept of a 'family arrangement' has been accepted by indian courts but has been adapted to suit the family set up of this country which is different in many respects from that obtaining in england .....

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Oct 05 2004 (HC)

Ambati Durgamma and ors. Vs. Pericherla Jagapathiraju and ors.

Court : Andhra Pradesh

Decided on : Oct-05-2004

Reported in : 2005(1)ALD607; 2005(1)ALT357

..... of a firm to the other partner b either expressly or by necessary intendment but on the other hand expressly made an allotment of the partnership assets and liabilities to b making him absolutely entitled to the same in consideration of a sum of money to be paid by him to ..... this court disposed of a similar argument with the following observations:'admissions are substantive evidence by themselves, in view of sections 17 and 21 of the indian evidence act, though they are not conclusive proof of the matters admitted. we are of opinion that the admissions duly proved are admissible evidence irrespective of whether the ..... case (15 supra) that an admission made by a party is substantive evidence if it fulfils the requirement of section 21. section 21 of indian evidence act reads as follows:21. proof of admissions against persons making them, and by or on their behalf:- admissions are relevant and may be proved as ..... although he had discreetly kept away from giving evidence, they cannot be used against him. counsel drew our attention to section 145 of the indian evidence act. there is a cardinal distinction between a party who is the author of a prior statement and a witness who is examined and is ..... who are not parties to the document. such an estoppel operates against defendant no. 1 by virtue of sections 17 and 31 of the indian evidence act. that may amount to an estoppel by admission in a document. but section 31 contemplates that such admissions are not conclusive proof of the matters .....

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Feb 11 2004 (HC)

A. Govindraj Goud Vs. Vikranthi and Co.

Court : Andhra Pradesh

Decided on : Feb-11-2004

Reported in : AIR2004AP395; 2004(3)ALD95

..... parties and the only substantial question of law, which had been argued at length, had already been specified supra. respondent-plaintiff is a registered partnership firm and a suit in o.s. no. 517 of 1994 was instituted on the file of principal junior civil judge, hyderabad, west and ..... , : air1969cal109 .4. on the contrary, sri n. vasudeva reddy, learned counsel representing the respondent-plaintiff m/s. vikranti and company, a partnership firm represented by its managing partner, that the mere mentioning of both the numbers would not in any way alter the situation since the fact remains ..... supra), it was held that:'a letter was sent by certificate of posting, presumption of service of notice would arise under section 114 of the indian evidence act, 1972.'13. in the decision madan and co. v. wazir jaivirchand (cited supra), the apex court while dealing with the service of notice ..... . kavali swaminaidu and ors. (cited supra), while dealing with the posting of letter and the presumption, it was held :'under section 114 indian evidence act, the presumption would be that a letter posted by the sender would reach the addressee in usual course. once a letter has been delivered ..... this court is of the considered opinion thatthe service of notice on the appellant-defendant was in accordance with theprovisions of section 106 of the act and thefactual findings are hereby confirmed. it isneedless to say that the second appeal isbound to fail. accordingly, the same shallstand dismissed with .....

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Nov 01 2004 (HC)

J. Rama Krishna Rao S/O Late J. Chokka Rao and ors. Vs. the Municipal ...

Court : Andhra Pradesh

Decided on : Nov-01-2004

Reported in : 2004(6)ALD791; 2005(2)ALT186

..... which can be allotted for each trade licence and payment of fees in any of the 19 e-seva centers located at hyderabad and secunderabad. 7. petitioner, which is a partnership firm, in w.p. nos. 9051 and 14796 of 2004, in furtherance of its intent to carry out its business, desired to start a specialty cuisine court combined with ..... agencies. as per statement of objects and reasons in enacting information technology act, 2000 necessary amendments were made to the indian penal code, the indian evidence act, 1872, the banker's books evidence act, 1891 and the reserve bank of india act, 1934 and for maters connected therewith followed by freedom of information act, 2002, which is a step came as a breath of fresh air ..... its agencies the usage of electronic records and digital signatures. on state government introducing e-seva facility in the light of the powers conferred under section 6 of the act, the municipal corporation published notification displaying online services provided and the application of the petitioner was processed by granting tin number which was notified on-line and on such ..... communication and paper based communication. keeping in view of the need and to facilitate e-commerce and with a view to facilitate electronic governance, the information technology act, 2000 (for short 'the act') was enacted which will make the citizens interaction with the governmental offices hassle free and which will provide legal recognition for transactions carried out by means of electronic .....

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