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Judgment Search Results Home > Cases Phrase: indian partnership act Court: andhra pradesh Year: 2007 Page 1 of about 22 results (0.168 seconds)

Jan 24 2007 (HC)

Pochareddy Radhakrishna Reddy Vs. Gopalakrishna Rice Mill

Court : Andhra Pradesh

Decided on : Jan-24-2007

Reported in : 2007(5)ALD162

..... defendant cannot change the state of things during the pendency of the suit. in virendra dresses v. varinder garments : air1982delhi482 , it was held that under section 69(2) of the indian partnership act, 1932 a suit to enforce a right arising from a contract against a third party is barred unless the firm is registered and the application of bar under section 69 ..... . p.w.1 is the managing partner of the plaintiff-firm and d.w.1 is the defendant in the suit.10. the bar of section 69(2) of the indian partnership act, 1932 in the context of the maintainability of the suit had been argued in elaboration and both courts recorded certain findings in this regard and on appreciation of the language ..... argued in elaboration by the learned counsel representing the appellant is as hereunder:whether the suit is maintainable in view of the bar imposed by section 69(2) of the indian partnership act, 1932? 3. the unsuccessful defendant in both the courts below preferred the present second appeal. the respondent herein - the plaintiff sri gopalakrishna rice mill, gudur, represented by its managing partner ..... (2) of the act aforesaid does not extend to the enforcement of rights not arising from contract. section 69 of the indian partnership act, 1932 reads as hereunder:effect of non-registration:-(1) no suit to enforce a right arising from a contract or conferred .....

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Feb 02 2007 (HC)

Progressive Constructions Ltd. Vs. Mr. P.S.V.P. Vittal Rao Alias Mr. V ...

Court : Andhra Pradesh

Decided on : Feb-02-2007

Reported in : [2007]139CompCas807(AP); (2007)2CompLJ493(AP)

..... also born out of recognition of equitable considerations generally. this is particularly so as section 35(6) of the english partnership act, 1890, also contains, inter alia, an analogous provision for the dissolution of partnership by the court. section 44(g) of the indian partnership act also contains the words 'just and equitable.'section 433(f) under which this application has been made has to be ..... faith and confidence in one another. clause 5 of ex.a-5 partnership deed narrates that the partnership of pec is a partnership at will. i, therefore, hold that it is a fit case for directing dissolution of the firm pec on just and equitable ground under section 44(g) of the indian partnership act.'9. on issue no.5 relating to the pendency of o ..... of 1983 before the i additional judge, city civil court, hyderabad, the suit being for dissolution of partnership and rendition of accounts, the company judge held that the pendency of that suit ..... read with section 443(2) of the act. under the latter provision where the petition is presented on the ground that it .....

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Apr 16 2007 (HC)

Kallepally Krishnam Raju Vs. Commissioner and Inspector General of Reg ...

Court : Andhra Pradesh

Decided on : Apr-16-2007

Reported in : 2007(4)ALD523

..... amount.7. having heard both the counsel, it is desirable that the relevant provisions of law i.e., section 14 of the indian partnership act, 1932 (for short 'the act') has to be referred, and it is thus:section 14 of the indian partnership act, 1932 :--the property of the firm - subject to contract between the partners, the property of the firm includes all property and rights ..... necessary for an individual to contribute any land or immovable property as a contribution against his share of the capital of a new partnership business. by virtue of section 14 of the act and certain provisions of the contract act, they become the properties of the firm as soon as the partners intend to do so bring them in and treat them as ..... ,39,400/-has to be construed as a gift given by the petitioner to the firm, and liable for stamp duty under article 29 of schedule i-a of the indian stamp act. pursuant to the order of the first respondent, the second respondent issued a notice dated 8.2.1999 demanding the petitioner to pay the deficit stamp duty. hence, this ..... such. this sort of contribution or transfer is not prohibited by the transfer of property act, 1882 or the registration act, 1908.9. further, from a reading of section 14 of the act, any property can be thrown into the partnership stock without any formal document and would, therefore, become the property of the firm. moreover, when the very .....

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Jul 26 2007 (HC)

Able Associates and anr. Vs. K.S. Ramakrishna Rao

Court : Andhra Pradesh

Decided on : Jul-26-2007

Reported in : 2007(6)ALD327; 2007(5)ALT317; 2007(4)ARBLR219(AP)

..... finance ltd. : (2000)8scc151 in this regard. learned counsel would rely on u.p. state sugar corporation ltd. v. jain construction co. : air2004sc4335 , and on section 69(1) of the indian partnership act, to contend that arbitral proceedings cannot be maintained by an unregistered firm or any person suing as a partner thereof against any person who is, or has been, a partner ..... dissolved firm, and for payments agreed upon in the dissolution deed, the applicant was entitled for protection under section 69(3)(a) undine bar under section 69(1) of the partnership act would not apply.5. sri g. ramagopal, learned counsel for the respondent, on the other hand, would submit that non-compliance with the statutory requirements of section 11(5) of ..... these facts were to the knowledge of the applicant and, as m/s. able associates was not a registered firm, legal proceedings were barred under section 69(1) of the partnership act. respondent would deny receipt of the notice dated 18.10.2006 and would submit that, even otherwise, the alleged notice dated 18.10.2006 was a notice demanding payment of ..... would suffice if this court were to decide on the consequences of non-compliance with section 11(5) of the act and section 69(1) of the partnership act.6. before examining the consequences, of non-compliance of section 11(5) of the act, it is useful to extract the arbitration clause in the deed of dissolution dated 03.11.2003 and the relevant .....

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Jan 18 2007 (HC)

Durga Subrahmanyameswara and Co. Vs. Siripurapu Sankaraiah and anr.

Court : Andhra Pradesh

Decided on : Jan-18-2007

Reported in : 2007(3)ALD679

..... c.m.p. no. 824 of 1991 was filed praying for reception of the certified copy of the certificate of registration under section 69 of the indian partnership act, 1932 (hereinafter for short referred to as 'the act') issued by the registrar of firms, a.p., hyderabad, as additional evidence. the counsel would maintain that inasmuch as on a technical ground, the suit was ..... learned counsel also would point out that originally the suit was instituted in individual name and in the light of the objection taken, the same was amended as representing the partnership firm and inasmuch as the defect was rectified by virtue of an amendment, the amendment would relate back to the date of the institution of the suit and hence, the ..... paras 12, 13, 14 and 15 of the judgment and came to the conclusion that the plaintiff failed to comply with the mandatory provisions of section 69(2) of the act and the suit is barred by virtue of the said provision. however, while answering issue no. 1, the learned judge observed that the plaintiff has proved that it had paid .....

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Dec 31 2007 (HC)

M.V.V. Satyanarayana Vs. Engineer-in-chief (R and B) and anr.

Court : Andhra Pradesh

Decided on : Dec-31-2007

Reported in : 2008(1)ALT715; 2008(2)CTLJ207(AP)

..... of the firm.14. in this connection it is necessary to consider the relevant provisions of the indian partnership act, 1932 (for short 'the act'). section 4 of the act defines the terms 'partnership', 'partners', 'firm' and 'firm name' as under:'partnership' is the relation between persons who have agreed to share the profits of business carried on ..... as such is not entitled to enter into partnership with another firm or individual as the definition of 'person' in section 3(42) of the general clauses act 1897 cannot be imported into section 4 of the indian partnership act.34. i have carefully read the said judgment and i have no ..... manner of doubt that the same has no application to the facts of this case.35. in the case on hand the firm in question has not entered into any partnership with another firm or an ..... concern air 1963 sc 1737 has equally no application because that was a case where provisions of bihar agricultural income tax act, 1948 and the partnership act, 1932 were dealt with and the question which was referred to the high court was whether for the purpose of assessment under the said ..... .t. commissioner air 198 a.p. 158 (f.b.) the question arose whether for the purpose of assessment under the income tax act the income of the two partnership firms can be clubbed. in the context of deciding the said issue in para-25(2) the full bench held as under:a firm .....

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Sep 28 2007 (HC)

M. Ravinder Reddy Vs. Union of India (Uoi) and anr.

Court : Andhra Pradesh

Decided on : Sep-28-2007

Reported in : 2008(1)ALD685

..... is having ample knowledge about the terms and conditions, the writ petitioner cannot be permitted to contend otherwise. it is also pertinent to note that the general provisions under the indian partnership act relating to the rights and obligations of the partners inter se cannot be imported into this contractual field concerned with the tender forms while deciding the validity or otherwise of ..... railway, secunderabad a stand is taken that clause 2.7 of special conditions and specifications of work of the tender document stipulates that in case of tenderer(s) is a partnership firm, the experience, solvency and turnover should be in the name and style of the firm only and therefore the petitioner's contention that he has accumulated certain credentials that ..... name and in the process he had accumulated certain credentials that would entitle and enable the petitioner to take up works of relatively higher denominations. subsequent to forming of the partnership firm, all the assets and liabilities of the petitioner were taken over by the firm and a certificate in that regard was issued by the chartered accountants. it is further ..... central government organizations and their instrumentalities for the last 15 years and since it became rather difficult to execute works of higher denominations by himself, the petitioner had entered into partnership with sri m. mukund reddy on 25.8.2003. the said firm is registered with the registrar of firms, hyderabad bearing no. 1145 of 2003 dated 25.8.2003. .....

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Feb 06 2007 (HC)

G. Vikas Reddy and Company and anr. Vs. District Registrar of Assuranc ...

Court : Andhra Pradesh

Decided on : Feb-06-2007

Reported in : 2007(2)ALD667; 2007(3)ALT480

..... counsel for the petitioners, submits that according to the provisions of the indian partnership act (for short 'the act'), the 1st respondent has no discretion, except to act upon the application filed under sections 60 and 63 of the act. he contends that the act does not contemplate any enquiry, in the matter of causing entries, or ..... 1st respondent initiated any action, on misapplication, the 2nd respondent addressed a letter, dated 26-10-2005, stating that he never retired from the partnership firm, and that the alleged letter of retirement is a fabricated one. it was in this context that the 1st respondent expressed his inability, ..... the prescribed form, to the 1st respondent, to cause necessary alterations in the registers, consequent upon the retirement of the 2nd respondent, from the partnership firm. the grievance of the petitioners is that instead of acceding to the request, the 1 st respondent has issued letter, dated 13-2- ..... rs. 30 crores, from the government, and that the same are pending.2. according to the 2nd petitioner, the 2nd respondent retired from the partnership firm on 3-9-2005, and that he has not only addressed a letter, to that effect, but also has authorized him to take ..... act, even if there is a strong denial by the affected party, would amount to reducing the power, the exercise of which is to result in serious consequences, to an empty formality. it is in this context that the information furnished by the 2nd respondent that he did not retire from partnership .....

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Feb 27 2007 (HC)

Siddhi Vegetable Oil Products and anr. Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Decided on : Feb-27-2007

Reported in : AIR2007AP196; 2007(3)ALD225; 2007(4)ALT130

..... encumbrance was not reflected against the properties. with a view to overcome this development, and curb the practice, the state of andhra pradesh amended schedule 1a to the indian stamp act, providing for registration of memorandum, evidencing deposit of title deeds. stamp duty to be paid thereon is prescribed as 0.5% of the value of the transaction ..... , the 3rd respondent is directed to process the document presented by the petitioners, as the one covered by article 7(a) and (b) of schedule 1a to the indian stamp act, as amended by the state of andhra pradesh, read with g.o. ms. no. 316, revenue (registration. i) department, dated 14.3.2006. there shall be ..... a memorandum, evidencing deposit of title deeds. according to them, stamp duty payable on such document, under article 7(a) and (b) of schedule 1a to indian stamp act, is 0.5% of the total transaction, subject to a maximum of rs. 50,000/-, and in case of small scale industries, the maximum stamp duty is ..... district registrar, the 2nd respondent, has clarified that a sum of rs. 22,35,000/- is to be paid under article 35(b) of the schedule to indian stamp act, and accordingly, required the petitioners to pay the balance. the same is challenged in this writ petition.2. it is contended that the respondents 2 and 3 ..... orderl. narasimha reddy, j.1. the 1st petitioner is a partnership firm and the 2nd petitioner is one of the partners. the firm established a small scale industry at thimmapur village of kothur mandal, mahaboobnagar district, .....

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Nov 22 2007 (HC)

Mohan Enterprises Rep. by Its Managing Partner Mr. Peetani Sambaiah Vs ...

Court : Andhra Pradesh

Decided on : Nov-22-2007

Reported in : I(2008)BC476

..... loan the bank cannot have a general lien so as to cover the other debts in view of section 174 of the indian contract act (for short 'the act'). in support of the said contention, strong reliance is placed by the learned counsel for the petitioner on a decision of this ..... writ petition had been filed.9. in the counter affidavit filed by the respondent it is averred in para 3 that the petitioner is a partnership firm represented by its managing partner sri p.sambaiah s/o.late suraiah, and the said firm availed cash credit facility of rs. 3, ..... must be deemed to be impliedly overruled by the judgment of the supreme court in syndicate bank v. vijay kumar, (supra). section 171 of the indian contract act deals with general lien of bankers, factors, wharfingers, attorneys and policy-brokers. it provides that bankers, factors, wharfingers, attorney of a high court and ..... shall not retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged14. section 171 of the indian contract act, 1872 reads as hereunder:171. general lien of bankers, factors, wharfingers, attorneys, and policy-brokers:bankers, factors, wharfingers, attorneys of a high ..... anr. : air1982cal62 and would maintain that in the facts and circumstances of the present case, it cannot be said that section 171 of the indian contract act, 1872 would be attracted. ultimately, the learned counsel would conclude that this stand taken by the banking institution is unsustainable stand and the writ .....

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