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Judgment Search Results Home > Cases Phrase: indian partnership act Court: andhra pradesh Year: 2012 Page 1 of about 21 results (0.062 seconds)

Apr 09 2012 (HC)

K. Laxminarayana Reddy, Since Died Per L Vs. Vardhi Reddy Dasrath Ram ...

Court : Andhra Pradesh

Decided on : Apr-09-2012

hon'ble sri justice c.v. nagarjuna reddy c.r.p.no.1554 o 9. 4-2012 k. laxminarayana reddy, since died per l.r. k. ranganadha reddy vardhi reddy dasrath ram reddy (died)and others head note: counsel for petitioner : sri m.v.s. suresh kumar counsel for respondent nos.2 & 9 : sri jithender rao veeramalla counsel for respondent no.3 : sri d. prakash reddy,senior counsel for sri p. venka reddy counsel for respondent nos.4 & 5 : sri p. venugopal counsel for respondent no.7 : sri ch. siva reddy ?cases referred:1. air 196.s.c.

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Jul 10 2012 (HC)

M/S. Raghava Constructions, Hyderabad Vs. M/S. Chitram Movies, Hyderab ...

Court : Andhra Pradesh

Decided on : Jul-10-2012

..... extraordinary circumstances, against the judgment and decree passed in the suit instituted for specific performance of agreement of sale. 2. the plaintiff is a partnership firm registered under the indian partnership act and so was the defendant. the defendant owned a house property situated at road no.17 of jubilee hills locality at hyderabad, standing on ..... title of the suit property cleared. the plaintiff is not very sure as to whether the defendant has cleared the outstanding loan amount to the south indian bank. it was not also very sure as to whether the defendant has cancelled an earlier agreement of sale entered by it with one sri k. ..... asserted that, it has obtained a demand draft in favour of south indian bank in a sum of rs.1,58,00,000/- on 06.01.2010, as desired by the defendant and he has also drawn a cheque ..... to 15 days, the token advance amount will be cancelled. according to the plaintiff, the house property in question was mortgaged earlier in favour of south indian bank by the defendant and the said bank raised a demand for payment of a sum of rs.1,58,00,000/-. therefore, the plaintiff has ..... upon us to clear off the loan taken from them and thus invoked the provisions of securitization and reconstruction of financial assets and enforcement of security interest act, 2002. the said bank under notice dated 14.12.2009 demanded the respondent to handover the possession of the schedule mentioned property on the date .....

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Jun 18 2012 (HC)

Sri Koganti Venkata Siva Ramesh Prasad Vs. Hindustan Petroleum Corpora ...

Court : Andhra Pradesh

Decided on : Jun-18-2012

..... 2010.the legal consequences that flow, on account of the death of a partner, are governed by the terms of the partnership deed as well as the provisions of the indian partnership act.unless the contrary is agreed upon by the partners, the death would bring about dissolution of the firm. the 1st respondent ..... .2008, deals with the reconstitution of dealerships/distributorships. clause 2.5 thereof reads: in cases of death of one of the partner(s), the partnership shall be reconstituted with the legal heir(s) of the deceased partner(s) and surviving partner(s). however, if there is no legal heir(s ..... . we are pleased to advise you that your proposal has been approved in principle.you are hereby advised to provide the following: i) registered partnership deed as approved by us to be executed between the partners. please note that on receipt of the above, we will proceed further for signing ..... .284 of 2010 in the court of v additional district judge, guntur, for partition of the properties mentioned therein.the right to succeed to the partnership rights in the petroleum outlet was shownin schedule b of the plaint. the 4th respondent filed an application before the senior regional manager, hindustan ..... represented that the petitioner herein incurred disqualification to be included as a partner, since he was convicted of an offence under section 509 of the indian penal code, in s.c.no.447 of 2001 on the file of the principal assistant sessions judge, tenali.the 2nd respondent further states .....

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Oct 16 2012 (HC)

M/S. Pbr Select Infra Projects, Represented by Its Partner P. Bhaskar ...

Court : Andhra Pradesh

Decided on : Oct-16-2012

..... is a representative of the other partners; and that each of the partners is an agent and a principal. on a thorough analysis of the provisions of the indian partnership act, 1932 (for short the partnership act) with reference to the decided case law, this court has nullified the action of the a.p. transco in that case in disqualifying the petitioner therein by not ..... showing his turnover, financial capacity and other requirements as prescribed by the tender conditions. in my considered opinion, the fiction introduced in section 184 of the act, whereby a legal status is conferred on a partnership firm, cannot be extended to destroy the legal relationship between the partners and the firm. such a water-tight compartment can be presumed only when the ..... the extent it is relevant for the present purpose, reads as under: a firm shall be assessed as a firm for the purposes of this act, if (i) the partnership is evidenced by an instrument; and (ii) the individual shares of the partners are specified in that instrument. as rightly submitted by the learned senior counsel, for the limited purpose ..... of which he is only a managing partner. the learned senior counsel further submitted that for the purpose of income tax act, 1961 (for short "the act") a partnership firm has a separate legal existence by virtue of section 184 thereof and that therefore respondent no.3 who has filed his tender in his individual capacity, cannot file the .....

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Oct 16 2012 (HC)

M/S. Pbr Select Infra Projects,represent Vs. the Commissioner of Tende ...

Court : Andhra Pradesh

Decided on : Oct-16-2012

hon'ble sri justice c.v. nagarjuna reddy w.p.no.19517 o 16. 10-2012 m/s. pbr select infra projects,represented by its partner p. bhaskar reddy the commissioner of tenders,hyderabad and another head note: counsel for petitioner : sri c.v. mohan reddy for sri p. ananth nageswar rao counsel for respondent nos.1 and 2 : government pleader for irrigation and command area development counsel for respondent no.3 : sri vemulapalli prasad rao ?cases referred:1. 2008(1) alt 71.2. (1990) 2 scc 48.3. air 197.s.c.

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Apr 19 2012 (HC)

Kolli Buchi Kotaiah Vs. the Registrar of Firms and Others

Court : Andhra Pradesh

Decided on : Apr-19-2012

Reported in : 2012(5)ALD234

..... of 2009. the said proceedings are challenged in this writ petition. the petitioners contend that the entries were made under section 60 of the indian partnership act, 1932 (for short the act) and any steps in relation thereto, could have been taken under section 64 thereof. it is urged that the impugned order does not ..... determined the rights of the parties. he has only erased the effect of fraud played upon him. in case respondents 2 and 3 have retired from partnership firm, the remaining partners or the petitioner can certainly workout the remedies before the concerned court of law. hence, no exception can be taken to ..... 06.1994. it is just unimaginable as to how an application came to be made on his behalf, showing that he is retiring from the partnership firm in the year 2009. the question as to whether it was the petitioner who filed application and the affidavit or somebody else, needs to ..... before the registrar of firms, the 1st respondent herein. in one form, it was mentioned that a partner, by name kolli venkata padmanabham, retired from the partnership, and his sworn affidavit, dated 05.02.2009, was filed. in another form of the same date, it was mentioned that respondents 2 and 3, ..... filed therewith, the high court will be pleased to suspend the order of the 1st respondent in proceedings no.firms/16025/2010 dated 18/01/2011.) a partnership firm, by name, m/s. sri krishnaveni poultry needs was constituted in the year 1986, with five persons, by name, kolli buchi kotaiah, kolli .....

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Aug 03 2012 (HC)

Chalasani Venkateswara Rao Vs. Income Tax Officer, Ward-iv

Court : Andhra Pradesh

Decided on : Aug-03-2012

..... thereafter, disputes arose between the partners of the firm. the appellant sent a notice dated 07-03-1979 dissolving the partnership firm. as per section 43 of the partnership act, 1932, where the partnership is at will, the firm stands dissolved by any partner giving notice in writing of his intention to dissolve the firm ..... written submissions on 04-02-2000 specifically contending that any arrangement between the partners relating to the distribution of the assets consequent on dissolution of the partnership is not an income and not liable to tax as capital gains. he cited c.i.t vs. dewas cine corporation (1968) 068 i. ..... passed by the trial court shall be deleted and in place of clauses (iii) and (iv) of the decree, the following clauses namely "(iii) the partnership property i.e. the cinema theatre, shall be put to auction between the parties herein and (iv) if for any reason this auction fails, proceeds distributed ..... . therefore, the partnership stood dissolved on 07-03-1979 which falls in the assessment year 1979-80. 3. the other ..... partner receives at the time of retirement from the firm, his share in the partnership assets either in cash or any other asset. it further held that for the purpose of section 45 of the i.t. act, no distinction can be drawn between an amount received by the partner on .....

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Mar 20 2012 (HC)

M/S. Sri Gajanan Stores Rep. by Its Managing Partner Sudhakar Phadki, ...

Court : Andhra Pradesh

Decided on : Mar-20-2012

..... .342 of 1995: this o.p. was filed by the petitioners therein under section 276 of indian succession act, 1925 (for short the act) for granting probate of the will, dated 06-08-1993 pertaining to the petition a and b schedule properties. the first petitioner is a partnership firm. one late smt. saralabai phadke was the mother of the second petitioner and grandmother ..... of the. classes specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment) act, 1962, where such wills are made within the local limits of the ordinary original civil jurisdiction of the high courts at calcutta, madras and bombay, and where such wills ..... a.p., probate proceedings can be filed and are maintainable. hence, the contention of the appellants that the probate proceedings are not maintainable cannot sustain. 42. the relevant provisions in indian succession act, 1925, in support of the above contention, are as follows: s. 213: right as executor or legatee when established: (1) no right as executor or legatee can be established ..... the lower court. after the appeals were restored to file and the present counsel came on record, this objection as to maintainability of the petitions under section 276 of the indian succession act was raised for the first time. 39. the learned counsel for the appellants relied upon a decision of this court reported in inkollu sasikalas case (1 supra) wherein .....

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Apr 16 2012 (HC)

M/S. Kamal Wineries and Others Vs. the Sub-registrar of Assurances, Sh ...

Court : Andhra Pradesh

Decided on : Apr-16-2012

Reported in : 2012(4)ALD662; 2012(5)ALT435

..... sri b.chandrasen reddy, learned counsel for the petitioners submits that a separate article is incorporated in schedule 1-a to the act, to deal with the documents pertaining to partnership or retirement therefrom; and that the respondents were not at all justified in treating the simple deed of retirement, as a ..... is for this reason, that the legislature has provided for a totally different legal regime, in the context of execution and registration of deeds of partnership, retirement or dissolution pertaining to a firm, compared to the one of transfer or conveyance of properties.a full bench of this court, in board ..... registration before the 1st respondent deserves to be treated as a deed of retirement, or as a deed of conveyance. the very concept of partnership contemplates two or more persons coming together, to carry out a common objective. though the firm so constituted does not acquire an independent legal character ..... 1st respondent. it is stated that the stamp duty, as provided for under article 41-c of schedule i-a to the indian stamp act, 1899 (for short the act) was paid. however, the 1st respondent took the view that the document is the one of conveyance and stamp duty under article ..... various articles, the one which attracts the higher amount of stamp duty must be applied. this plea is referable to section 6 of the indian stamp act. it reads as under: 6. instruments coming within several descriptions in schedule i:-subject to the provisions of the last preceding section, an .....

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Aug 27 2012 (HC)

M/S. Chennakesava Pharmaceuticals, Vijayawada Vs. the Commissioner of ...

Court : Andhra Pradesh

Decided on : Aug-27-2012

..... the income tax officer while making the assessment orders for the assessment years in question held that kohinoor mills had been wrongly shown to be a partnership firm and that the other alleged partners were simply name lenders of the assessee. 13. in ram commercial enterprises limiteds case (6 supra ..... cent as his share of the profits from kohinoor mills. the income tax officer was of the opinion that kohinoor mills was not a genuine partnership but was the sole proprietorship concern of the assessee and the whole of the income from the said concern belonged to the assessee. as ..... during those years, the assessee derived income from several sources. the assessment for the first year was made under section 23 (3) of the indian income tax act, 1922. the income tax officer subsequently found that income from the business in the name of m/s.kohinoor grain mills sales depot (hereinafter ..... absence of same being spelt out by the assessing authority. 28. it is to be noted that the legislature had amended section 271 of the act by finance act, 2008 and inserted sub-section (1b) with retrospective effect from 01-04-1989 which provided as follows: section 271 (1b): where any ..... , concealment of income etc. (1) if the assessing officer, or the commissioner (appeals) or the commissioner in the course of any proceedings under this act, is satisfied that any person.. (c) has concealed the particulars of his income or furnished inaccurate particulars of such income, he may direct that such .....

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