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Judgment Search Results Home > Cases Phrase: indian partnership act Court: chennai Year: 1970 Page 1 of about 5 results (0.048 seconds)

Nov 02 1970 (HC)

M.P. Lokiah and ors. Vs. V.M. Jayaram Naidu

Court : Chennai

Decided on : Nov-02-1970

Reported in : (1971)2MLJ155

..... present appeal arises for stay of all further proceedings in the suit and for referring the matter to arbitration in pursuance of a clause in the partnership agreement which provides for arbitration in case of dispute among the partners. 3. the main contention of the respondent-plaintiff is that, as the ..... the suit in question for dissolution of the partnership and for accounts and has contended in the suit inter alia that the first appellant was manipulating the account books of the firm and was ..... of all further proceedings in the said suit and for reference of the matter to arbitration. 2. the appellants and the respondent-plaintiff constituted a partnership firm under the name and style of m/s. nethaji brick works and the first appellant was the managing partner thereof. the respondent has instituted ..... a party is willing that the suit should proceed, in my opinion would be a step in the proceedings within section 19 of the indian arbitration act and the intention of the party is to be gathered from the matter of application which is made and if, having regard to the ..... filed by the appellants for return of the documents would constitute a step in the proceedings contemplated by section 34 of the indian arbitration act. 5. section 34 of the arbitration act provides that the application for stay must be filed by the defendants 'at any time before filing a written document or .....

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Mar 17 1970 (HC)

C.P. Gnanasambandam Vs. Tamilnad Transports (Coimbatore) Private Ltd. ...

Court : Chennai

Decided on : Mar-17-1970

Reported in : [1971]41CompCas26(Mad)

..... afforded the only means of enabling justice to bedone to the petitioners. the principle upon which these decisions haveproceeded is this. if there is a private partnership between two peoplehaving equal shares and there being no other provision to terminate it,what would be the position if the two partners are opposed to each ..... of the calcutta high court in in re hindustan co-operative insurance society ltd., : air1961cal443 which is a case under sections 397 and 398 of the indian companies act. there, the facts established that the affairs of the company were conducted by the directors on the strength of majority backing in a manner prejudicial to ..... othermaking it impossible for the business of the partnership to go on? in sucha case the course open to the court, at the instance of one of the partners, isto direct the dissolution of the ..... partnership. the same principle is applicable in the case of a company also. but if the difference of opinion betweenone set of shareholders and another set ..... of lack of probity or fair dealing to a member in the matter of his proprietary rights as a shareholder. '8. section 397 of the indian companies act corresponds to section 210 of the english companies act, 1948. in in re five minute car wash service ltd. , [1966] 1 all e.r. 242 ; [1966] 1 w.l.r .....

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Mar 04 1970 (HC)

Sevayi Ammal Vs. M. Somasundaram

Court : Chennai

Decided on : Mar-04-1970

Reported in : (1970)2MLJ77

..... family. when necessity arises, the property may have to be sold. for that purpose, courts as a rule appoint a receiver in partition actions, as in suits for dissolution of partnership. that receiver represents the entire estate and derives authority under the order of the court, which is binding upon all the parties, and when he sells, he sells tangible items ..... of rs. 18,000, and for this s. no. 54/7 and some other items which belonged to this estate, were sold on 4th september, 1961 under the revenue recovery act. one of the defendants in o.s. no. 70 of 1938, viz., defendant no. 15 offered to deposit rs. 20,000 for setting aside that sale. sevayi ammal the present .....

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Feb 06 1970 (HC)

Lakshminarayan Karva and ors. Vs. Satyanarayan Khubchand Karva and anr ...

Court : Chennai

Decided on : Feb-06-1970

Reported in : (1970)2MLJ275

..... trade mark was made on 30th august, 1963. in the affidavit in support of the application it was affirmed that the trade mark was first adopted or invented by the partnership concern in the year 1956 for use of ammonium chloride (navasagar) in industry, that the said trade mark had been in use continuously exclusively and openly since then without any ..... register.16. lastly it is argued on behalf of the appellants that the first respondent cannot be regarded as an aggrieved person within the meaning of section 56 of the act, and that his application for rectification before the assistant registrar was not maintainable. the expression 'person aggrieved' has been liberally construed by the courts. the applicant for rectification has ..... user; (iii) the registered trade mark no. 217448 was neither distinctive nor capable of distinguishing goods of the registered proprietors and was therefore not registrable under section 9 of the act ; (iv) that the mark of the registered proprietors was registered without any bona fide intention on their part and (v) that as the entry relating to the above-mentioned ..... no. 217448 against the order of the assistant registrar of trade marks, madras, allowing the first respondent's application under sections 46 and 56 of the trade and merchandise marks act, 1958, for rectification of the register by expunging the said mark from the trade marks register.2. lakshminarayan karva, balakrishna karva, harikishan karva and srikishan karva have been partners .....

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Apr 23 1970 (HC)

Secretary, Engineering Metal and Vs. the Management of Mysore Premier ...

Court : Chennai

Decided on : Apr-23-1970

Reported in : (1970)IILLJ381Mad

..... was rs. 15,00,000/-. the shares were allotted and issued as fully paid up shares pursuant to the contract by way of consideration to the partnership for the acquisition of the undertaking of the mysore i remier metal factory, madras. there can, therefore, be no objection to the deduction for the ..... by the government of india, came into effect from 1.4.1963 and cane to an end. in june 1966 with the devaluation of the indian rupee. among the benefits available 'o the registered exporters were import entitlements against export of the products mentioned in annexure v to the scheme. the ..... contends that when the relevant entry in schedule ii refers to bonus paid to employees, we should refer to the definition of 'employees' in the act and that definition only refers to eligible employees and, therefore, the bonus paid to eligible employees should be taken into account.21. another contention of ..... income and arises out of its normal business activity. it could even be considered as falling under the provisions of section 349 of the companies act under sub-section (2) of which in calculating the gross net profits of a company, credit should be given for bounties and subsidies received from ..... of such receipts; and(d) took the precaution of sitting in conferences with reputed advocates of the supreme court of india and also obtained and acted upon their opinion backed by deep research into the subject.no doubt the question whether the receipt from the import entitlement is a capital receipt .....

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