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Judgment Search Results Home > Cases Phrase: indian partnership act Court: andhra pradesh Year: 2006 Page 1 of about 21 results (0.127 seconds)

Feb 28 2006 (HC)

Tetali Chinna Krishna Reddy Vs. Konala Nagalakshmi and ors.

Court : Andhra Pradesh

Decided on : Feb-28-2006

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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Jul 12 2006 (HC)

Kolor Syama Raju Vs. Sri Venkateshwara Mahal and ors.

Court : Andhra Pradesh

Decided on : Jul-12-2006

Reported in : 2006(6)ALD278

..... the judgment-debtor from the firm, was in accordance with the provisions of sections 32 and 72 of the indian partnership act, 1932, for short 'the act'. learned counsel submits that the so-called retirement of the judgment-debtor from the firm, is a collusive act, to defeat the award passed by the lok adalat in the suit. he places reliance upon the judgment of ..... a consent award before the lok adalat, but left the enforcement of the award to be sorted out, between the appellant and the respondent herein.10. section 32 of the act is basically enacted, with an object of protecting the interest of third parties, and in particular, the creditors of a firm. its purport is to the effect that if a ..... murthy, learned counsel, for the appellant is that the retirement of the judgment-debtor from the firm, was not in accordance with the provisions of the act.8. sections 32 and 72 of the act prescribe a detailed procedure, in the matter of retirement of partners from the firm, and the consequences flowing from out of it. while section 72 exclusively deals .....

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Sep 15 2006 (HC)

Yella Constructions Limited Vs. East Coast Railway and ors.

Court : Andhra Pradesh

Decided on : Sep-15-2006

Reported in : 2006(6)ALD460; 2006(6)ALT714; [2007]73SCL112(AP)

..... and whenever tenders were submitted by vizag firm, yella raghavaiah was using the registration number of vijayawada firm though vizag firm was also registered under section 58 of the indian partnership act, 1932 (partnership act, for brevity) on 26.6.1999 vide serial (regn.) no. 09033/1995. learned standing counsel also submits that vizag firm also claimed eligibility qualification by enclosing credential ..... contributed towards the resources of the joint venture in the form of machines, equipment and expertise in the field. the company is in the nature of a partnership between the indian group of companies and the singapore-based company who have jointly undertaken this commercial enterprise wherein they will contribute to the assets and share the risks. in ..... certificates of vijayawada firm, when they submitted tenders, to indian railways for supply and execution of s&t; works. documents are produced before this court in support of the said ..... /s. annapurna rail s&t; construction limited is a company registered on 11.6.1998 under indian companies act, 1956. it was incorporated with the main object of carrying on business of undertaking contract works especially signalling and telecommunications (s&t;) works with indian railways. on 10.2.2004, the name of the said company was changed as m/s .....

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Feb 28 2006 (HC)

Shaik Bahseer Ahmed and ors. Vs. Shaik Yakoob Ahmed and anr.

Court : Andhra Pradesh

Decided on : Feb-28-2006

Reported in : 2006(3)ALD457; 2006(3)ALT510

..... pandian's case (supra), the supreme court has undertaken extensive discussion on this aspect. the entire scheme of the indian partnership act was analyzed and the operation of section 17 of the registration act vis-a-vis, in the context of distribution of assets of a dissolved firm was discussed. after referring to the ..... firm each partner becomes entitled to his share in the profits, if any, after the accounts are settled in accordance with section 48 of the partnership act. thus in the entire assets of the firm, all the partners have an interest, albeit in proportion to their share, and the residue, if ..... persons, whom the firm owes liability. that was never the object, either in enacting section 17 of the registration act, section 48 of the partnership act or section 17 of the arbitration act.22. more than a decade had already elapsed. the remedy, which was chosen to be a speedier and effective one ..... academic aspects of the matter, which need to be discussed at appropriate levels.16. the awards rendered by arbitrators, in relation to dissolution of partnership firms stand on a different footing in the context of requirement of registration. even where, some of the assets of the firm are items of ..... among the partners in proportion to their shares in the profits would not attract section 17 of the registration act. viewed from another angle it must be realized that since a partnership is not a legal entity but is only a compendious name each and every partner has a beneficial interest .....

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Aug 03 2006 (HC)

S. Prabhavathi Vs. Rohini Kilaru and anr.

Court : Andhra Pradesh

Decided on : Aug-03-2006

Reported in : 2006(5)ALD606; 2006(5)ALT264

..... high court by order of the supreme court. the learned single judge of delhi high court dismissed the suit as hit by section 69(2) of indian partnership act, 1932. the learned single judge also considered the question of restitution of goods to the respondent or their money value. on that question, the learned ..... application under sub-section (1).11. a plain reading of section 144 of cpc would show that the provision as it stood prior to cpc amendment act 66 of 1956, did not apply to the proceedings at interlocutory stage. when a decree is varied or reversed in appeal or revision, the court, ..... may be, place the parties in the position which they would have occupied but for such decree or order (high lighted portions were inserted by central amendment act 66 of 1956) or such part thereof as has been varied, reversed, set aside or modified and, for this purpose, the court may make any orders ..... as under:144. application for restitution:- (1) where and in so far as a decree or an order (high lighted portions were inserted by central amendment act 66 of 1956) is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose ..... rejected these documents, placing reliance on exs.r-7 and r-8, the judgment and decree of the special court under a.p. land grabbing (prohibition) act, 1982, in which it was held that balawantha reddy had parted with the property under agreement of sale in favour of laxminath c. seth. the appellate .....

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Mar 16 2006 (HC)

Vemuri Lakshmi Nageswara Rao and anr. Vs. Joint Collector and Addition ...

Court : Andhra Pradesh

Decided on : Mar-16-2006

Reported in : 2006(3)ALD317

..... property? whether there is unity of ownership among the partners with regard to the possession as well? these questions have to be answered necessarily by referring to the indian partnership act, 1932 (the partnership act, for brevity).32. as contended by learned counsel for the petitioners, the possession of the third respondent is not lawful and therefore by transferring the licence, the ..... title or ownership in relation to the firm's property. whether or not there is an explicit condition in the contract, by reason of the various provisions in the partnership act, an implied condition can be inferred that all the partners enjoy unity of ownership in the property. the property can be movable property or immovable property or intellectual ..... partners with or without some new partners, the nature of right, title, interest and possession of the original partners does not change. indeed, under section 47 of the partnership act, after dissolution of the firm, the mutual rights and obligations of the partners continue notwithstanding such dissolution so far as such rights and obligations may be necessary to wind ..... renewed improperly without an affidavit and therefore, the impugned order is vitiated by improper procedure adopted by the first respondent. the learned counsel placed reliance on various provisions of the partnership act, 1932, as well as the decisions reported in m.c. chockalingam v. v. manickavasagam : [1974]2scr143 , koratani suramma v. government of a.p. 1982 (1) alt 306, .....

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Sep 15 2006 (HC)

T. Penchalaiah Vs. Jaladanki Saroja (Died) and ors.

Court : Andhra Pradesh

Decided on : Sep-15-2006

Reported in : 2006(6)ALD560

..... delhi high court by order of the supreme court. the learned single judge of delhi high court dismissed the suit as hit by section 69(2) of indian partnership act, 1932. the learned single judge also considered the question of restitution of goods to the respondent or their money value. on that question, the learned single ..... as it is a final document i.e., assignment order. secondly, it is axiomatic that what is admitted need not be proved. section 58 of the evidence act, 1872, deals with situation where a party to the proceeding need not prove the fact, which the other party admits and in such an event, the court ..... this court. in janki vashdeo bhojwani v. indusind bank limited (supra) the supreme court laid down that the gpa cannot depose for the principal for the acts done by the principal and not by him. the ratio laid down by the supreme court is as under:order 3 rules 1 and 2 cpc empower the ..... the principal. in other words, if the power-of-attomey holder has rendered some 'acts' in pursuance of power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for the acts done by the principal and not by him. similarly, he cannot depose for the principal ..... holder of power of attorney to 'act' on behalf of the principal. in our view the word 'acts' employed in order 3 rules 1 and 2 cpc confines only to in respect of 'acts' done by the power of attorney holder in exercise of power granted by the .....

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Jan 06 2006 (HC)

National Insurance Co. Ltd., Rep. by Its Chairman-cum-managing Directo ...

Court : Andhra Pradesh

Decided on : Jan-06-2006

Reported in : I(2007)ACC133; 2007ACJ2578; 2006(1)ALT762

..... to be the managing partner, to represent plaintiff-firm, the suit is not maintainable and that the same is opposed to the provisions of the partnership act, 1932 (for brevity 'the act'). however, it is admitted that policies were issued in favour of plaintiff; that there was no intimation to defendant no. 1 prior to ..... on the complaint made by plaintiff himself, a case in crime no. 116 of 1986 had been registered for the offence punishable under section 436 of the indian penal code, got detected by the c.i.d. into the entire case in detail, including the involvement, if any, of the partners of plaintiff ..... made by plaintiff, to direct investigation into the case registered in crime no. 116 of 1986 for the offence punishable under section 436 of the indian penal code of singarayakonda police station, by an independent agency, it is replied that the case had been enquired into in great depth by the c ..... claim. this inaction on the part of defendant no. 1 is a semblance of failure on its part and would clearly indicate that it did not act prudently on vital aspects.103. d.w.5 categorically deposed that 'the very purpose of appointing surveyor, investigation or other agencies is to gather all ..... is ex.a-27. therefore, there is absolutely no failure on the part of plaintiff in reacting to the fire accident. in fact, the plaintiff acted with due diligence and promptitude immediately after the fire accident took place. by way of giving complaint to the police, the matter was referred to the .....

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Jun 08 2006 (HC)

Ayitham Venkaiah Vs. Ayitham Surya Bhaskara Rao and ors.

Court : Andhra Pradesh

Decided on : Jun-08-2006

Reported in : 2006(4)ALT305

..... incorporate suitable provisions so as to arrest leakage of stamp duty in the guise of release of co-ownership in the property or dissolutions of partnerships by means of explanations under the definition of conveyance on the lines of amendments carried out by the states of west bengal and gujarat. ..... case (cit, mp. v. sodra devi : [1957]32itr615(sc) ), bhagwati, j., while dealing with section 16(3) of the indian income-tax act, 1922, as introduced by the amending act iv of 1937, and in construing the words 'any individual' and 'such individual' occurring therein, restricted their meaning to 'males' on a ..... of the partnerships of which they were members and that the only intention of the legislature was to include the ..... that the reasons that prompted the government to amend section 2(10) are mentioned in the statement of objects and reasons to the a.p. act 8 of 1998. the relevant portion thereof reads(i) it has been observed that some of the parties are obtaining decrees from civil courts ..... statement of objects and reasons appended to the bill of the amending act made it clear that the evil which was sought to be remedied was the one resulting from the widespread practice of husbands entering into nominal partnerships with their wives and fathers admitting their minor children to the benefits .....

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Sep 05 2006 (HC)

Appasani Veera Venkata Satyanarayana and anr. Vs. Chekka Veera Raja Ra ...

Court : Andhra Pradesh

Decided on : Sep-05-2006

Reported in : 2007(2)ALD396

..... raja rao in the light of the directions given in the preliminary decree dated 23-2-1983 to determine the amounts due to each partner of the partnership firm and file the report into the court. apart from the evidence already available on record before the commissioner, exs. a5 and a6 and b6 ..... properly appreciated the evidence available on record especially in the light of the proof of entries in the account books in view of section 34 of the indian evidence act, 1872. the learned counsel also placed strong reliance on the decision of the apex court in chandradhar v. gauhati bank : [1967]1scr898a . the ..... a) is of general nature, grounds (b) and (c) virtually relate to the proof required to be made in the context of section 34 of indian evidence act, 1872 and ground (d) is in relation to the powers to be exercised by the appellate court under order xli rule 33 of the code of ..... below erred in presuming that the disputed entries in account books are proved without any evidence being let into prove them and thus acted contrary to section 34 of the indian evidence act, 1872?(c) according to section 34, entries in books of account do not prove themselves. in order to charge a person ..... , hereinafter in short referred to as act for the purpose of convenience.10. the facts in brief are that the 1st respondent, hereinafter referred to as the plaintiff, filed a suit for dissolution of partnership firm and rendition of accounts as against defendants 1 to 4 and a preliminary decree was passed on 23 .....

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