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Judgment Search Results Home > Cases Phrase: indian partnership act Court: chennai Year: 1991 Page 1 of about 17 results (0.051 seconds)

Feb 01 1991 (HC)

M/S. Raja theatre, Coimbatore Vs. M/S. Selvam Financiers and Others

Court : Chennai

Decided on : Feb-01-1991

Reported in : AIR1992Mad227; (1991)IMLJ346

..... second respondent in support of his contention is ex.b8. ex.b8 is the certified copy of form a maintained by the registrar of firms under s. 59 of the indian partnership act relating to the firm raja theatres. ex. x1 is the original of ex.b8. ex.b2 is an application dated 1-3-1989 presented by one kumar to the registrar ..... as early as on 31-12-1978. the agreement as ex. b5 and the certified copy of form 'a' maintained by the registrar of firms under s. 59 of the indian partnership act marked as ex. b.8 in this case will go to show that the first respondent was not having any interest in the ..... there was no consent of all other partners for his retirement. as a result a notice in writing expressing his intention to the partnership act (sic). admittedly such a notice as contemplated in s. 32(1)(c) of the partnership act was not given by the first respondent to the other partners of the firm. in such circumstances, the case of the second respondent ..... /s. raja theatres. ex.a1 shows that the partnership m/s. theatres is a partnership at will. in the case of a partnership at will, a partner can retire from the partnership by giving notice in writing to the other partners as contemplated in s. 31(1)(c) of the partnership act. s. 32(1) of the partnership act provides that a partner may retire with the consent .....

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Feb 01 1991 (HC)

Raja theatre Vs. Selvam Financiers and anr.

Court : Chennai

Decided on : Feb-01-1991

Reported in : (1991)1MLJ346

..... in support of his contention is ex. b-8. ex. b-8 is the certified copy of form a maintained by the registrar of firms under section 59 of the indian partnership act relating to the firm raja theatres. ex. x-1 is the original of ex. b-8. ex. x-2 is an application dated 1.3.1979 presented by one kumar ..... as ex. b-1, the ledger entry marked as ex. b-5 and the certified copy of form 'a' maintained by the registrar of firms under section 59 of the indian partnership act marked as ex. b-8 in this case will go to show that the first respondent was not having any interest in the ..... and there was no consent of all other partners for his retirement. as a result a notice in writing expressing his intention to the partnership act. admittedly such a notice as contemplated in section 32(1)(c) of the partnership act was not given by the first respondent to the other partners of the firm. in such circumstances, the case of the second respondent ..... writing to the other partners as contemplated in section 32(1)(c) of the partnership act. section 32(1) of the partnership act provides that a partner may retire with the consent of all other partners and in accordance with the express agreement between the partners or where the partnership is at will by giving notice in writing to the other partners of his intention .....

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Mar 12 1991 (HC)

Selvam Estates Represented by Its Partner Mrs. Mohanasundari Murugan V ...

Court : Chennai

Decided on : Mar-12-1991

Reported in : (1991)1MLJ421

..... per the certificate produced in this court, the actual registration was made and as mentioned in form-a which is maintained under section 59 of the indian partnership act, 1932, only on 16.2.1987. learned counsel for the plaintiff produced a zerox copy of the firm's registration certificate signed by the registrar ..... the suit filed by the appellant on the question of maintainability in view of the provisions of sub-section (2) of section 69 of the partnership act by confirming the view taken by the trial court and the high court. the supreme court further held that though the plaint was amended on a ..... is not complied.the registration of the firm is a condition precedent to its right to institute a suit of the nature mentioned in section 69(2), partnership act. the registration after the institution of the suit cannot cure the defect of non-registration before the date of suit.in loon karan v. ivan e. ..... the petition is dismissed.learned judge was of the view that though a fresh suit to be filed after the firm is registered under the partnership act may not be a formal defect, learned judge permitted the parties to file a fresh suit. according to the learned judge even if the suit ..... contention cited a decision in arunagiri mudaliar in re. : air1936mad697 . the above suit was filed by the partners who have not been registered under the partnership act. learned judge held that subsequent suit filed by them after such registration, was not barred under order 23, rule 1(3), c.p.c. learned .....

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Apr 24 1991 (HC)

Vijayakumar Mills Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Apr-24-1991

Reported in : [1992]194ITR197(Mad)

..... [1975]101itr390(mad) . in this decision, this court, while considering the provisions of the income-tax act, 1961, and section 4 of the indian partnership act, 1932, held as under (headnote, p. 391) : 'the acts of the organs of the corporation are to be attributed to the corporation and treated for legal purpose as though ..... they were acts of the corporation itself. however, when an act or mental state will be ..... did not deprive the assessee of the benefit of deduction the entire interest paid on borrowed capital under section 10(2)(3) of the indian income-tax act, 1992, and a part of the interest could not, therefore, be disallowed.' 38. in this decision, the andhra pradesh high court ..... samachar ltd. : [1969]74itr723(bom) , the bombay high court, while considering a similar question arising under section 10(2) (iii) of the indian income-tax act, 1992, expressed the following view (headnote) : 'the view that if the assessee had collected the outstanding which were due to it from others, it ..... genuine. he, therefore, did not accept the income as disclose by the assessee-company and applying the proviso to section 13 of the indian income-tax act, 1922, made an addition. however, the tribunal found that though the contracts were not genuine, the assessee was not responsible for that .....

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Jan 18 1991 (HC)

Commissioner of Income-tax Vs. S. Sivasubramaniam

Court : Chennai

Decided on : Jan-18-1991

Reported in : (1991)92CTR(Mad)10; [1991]189ITR157(Mad)

..... indirectly from the transfer of the assets and the income arising to the minor sons of the assessee by virtue of their admission to the benefits of partnership in the firm could not be included in the total income of the assessee. this decision emphasises the need for a nexus between the transfer of assets ..... appeal by the assessee, the appellate assistant assistant commissioner took the view that the minor children cannot be treated as having been admitted to the benefits of the partnership as found by the income-tax officer but that, by the application of clause (iv) for the assessment year 1975-76 and clause (v) for the ..... respectively. the income-tax officer applied the provisions of section 64 of the income-tax act, 1961 (hereinafter referred to as 'the act'), on the conclusion that the minor daughters of the assessee had been admitted to the benefits of the partnership firm in which the assessee was a partner and that the trust was only an artificial ..... indian income-tax act, 1922, it must be proved to have arisen directly or indirectly from a transfer of assets made by the assessee in favour of his wife ..... bhai parekh : [1970]77itr27(sc) , relied on the learned counsel for the assessee, lays down, though with reference to section 16(3)(a)(iv) of the indian income-tax act, 1922, that, before an income can be held to come within the ambit of section 16(3)(a)(iii) or (iv) of the .....

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Sep 06 1991 (HC)

Sri Srinivasa Multiple Industries Vs. Union of India (Uoi) and ors.

Court : Chennai

Decided on : Sep-06-1991

Reported in : 1996(56)ECC110

..... miles india limited v. assistant collector of customs (1987) 30 elt 641. in that case also it was confirmed that the refund applications under section 27(1) of the customs act, were barred by limitation. but the supreme court observed:if really the payment of the duty was under a mistake of law, the appellant may seek recourse to such alternative ..... that they were barred by limitation under section 27 of the customs act, on 11.11.1982. on appeal, the appellate collector also confirmed the view of the assistant collector. inasmuch as the statutory authorities are bound by the provision of the ..... held that similar imported goods were eligible for the concessional rate of duty under notification no. 107/77. the petitioners therefore filed an application under section 130 of the customs act and claimed a total sum of rs.48,083.40 in respect of all the three bills of entry. the applications were rejected by the assistant collector on the ground ..... the same in all the four writ petitions and it is a partnership firm. they imported the following consignments of steel strips:-----------------------------------------------------------------------------sl. no. bill of entry no. date name of ship value---------------------------------------------------------------------------rs.1. c 33 03.04.1981 elena spsova 3,60,9002. c 633 19.11.1981 indian ventrure 82,6293. c 177 07.01.1982 vishva jyothi 5 .....

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Sep 25 1991 (HC)

B.M. Mehta and Others Vs. State of Tamil Nadu

Court : Chennai

Decided on : Sep-25-1991

Reported in : [1993]199ITR471(Mad)

..... apply to the receipt of interest from the firm. we do not think that it is necessary to decide the question whether the interest paid to the partner by the partnership firm bears the same character as salary paid to a partner. while, according to the revenue, both interest and salary bear the same characteristic, according to the assessee, they are ..... that the partner who received the interest did not receive it as part of the profits from the agricultural property but as a return for the loan advanced to the partnership firm and, hence, payment of interest on such loan could not be construed as income out of which 60 per cent. can be assessed as agricultural income. the question is ..... . the following observations of the supreme court are useful for the determination of the present case (at page 300) : 'the definition of agricultural income in the constitution and the indian income-tax act, 1922, is bound up with rule 24 of the income-tax rules, 1922. income derived from the sale of tea grown and manufactured by the seller is to be ..... . state of kerala : [1963]48itr83(sc) , which lends support to the arguments of the assessees. consequently, we hold that the assessment of the interest received by the assessees from the partnership firm is not exigible to agricultural income-tax having regard to rule 7 of the agricultural income-tax rules since it stands taxed under the central income-tax .....

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Aug 02 1991 (HC)

Mount Plaza Builders Pvt. Ltd. Vs. Appropriate Authority and Others

Court : Chennai

Decided on : Aug-02-1991

Reported in : [1992]195ITR750(Mad)

..... to the decision in ito v. m. k. mohammed kunhi [1969] 71 itr 815. learned senior counsel refers me to section 29 of the indian contract act and states that, when an agreement is void for uncertainty, there is no valid contract and as such, the department is entitled to take note ..... the allegation in paragraph 4 of the affidavit. the petitioner is a company and it cannot be a partnership firm. if the petitioner refers to an earlier agreement between the third and fourth respondent with a partnership firm, messrs. mount plaza builders private limited, that agreement is cancelled. further, in the letter ..... decide is whether the property is undervalued or not. if the appropriate authority comes to the conclusion that the property has been undervalued, the act empowers the central government to acquire the property so to say to make a pre-emptive purchase. under section 269ud, the appropriate authority is ..... within such time as may be prescribed, by each of the parties to such transaction or by any of the parties to such transaction acting on behalf of himself and on behalf of the other parties.' section 269ul places certain restrictions on registration, etc., of documents in respect ..... returning the agreement, it was pointed out that, in view of the liabilities exceeding rs. 3 crores to the indian overseas bank, the bank should have been .....

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Sep 13 1991 (HC)

Toshniwal Instruments Madras Vs. Toshniwal Bros. Pvt. Ltd. Bombay and ...

Court : Chennai

Decided on : Sep-13-1991

Reported in : AIR1992Mad74; (1992)IIMLJ68

..... the names of 9 partners and in the name of all these partners the trade mark continues, but there has been many changes in the partnership and now there are only two original partners and therefore it cannot be said that the trade mark was being used by the persons in ..... brothers private limited will be hereinafter called the applicants.3. the case of the applicants is that they are a leading company incorporated under the indian companies act, 1913 and are engaged since 1948 as sole selling agents in the sale and distribution of scientific and technical instruments and apparatus of various kinds, ..... on this basis they were granted concurrent registration under s. 12(3). they further denied that their registration was contrary to s. 11 of the act. on these contentions the registered proprietors have prayed for dismissal of the application.5. the assistant registrar who heard the application, on consideration of the ..... them till 1979. the application has been filed on the strength of the concurrent registration granted to the applicants u/s. 12(3) of the act, and against that grant by the registrar the registered proprietors have gone on appeal to the bombay high court and that appeal is pending. they ..... carry on business from 1-1-1981 and as such they are not aggrieved persons within themeaning of ss. 46, 47 and 56 of the act. the trade mark of the registered proprietors has been registered more than seven years ago and hence that registration cannot be questioned now. the applicants .....

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Dec 12 1991 (HC)

V.G. Balasundaram and Others Vs. New theatres Carnatic Talkies Pvt. Lt ...

Court : Chennai

Decided on : Dec-12-1991

Reported in : [1993]77CompCas324(Mad)

..... good faith is due from every member of a partnership towards every other member; and if any dispute arise between partners touching any transaction by which one seeks to benefit himself at the expense of the firm, ..... needle industries (india) ltd. v. needle industries newey (india) holding ltd. [1981] 51 comp cas 743 , the supreme court had extracted a passage from lindley on partnership (14th edition, pages 194-95) which cites blisset v. daniel [1853] 10 hare 493; 68 er 1022 as an authority for the proposition that : 'the utmost ..... company and v. b. padmanabhan as respondents nos. 1 and 2. the said petition was filed under sections 397 and 398 of the companies act. several acts of misconduct have been alleged against the respondents therein. it is stated in paragraph 22 of company petition no. 88 of 1973 that the petitioners ..... validly passed at that meeting amending the articles of association in certain respects and thereafter return in form no. 23 under section 192 of the act was filed with the registrar of companies regarding the amendments to the articles of association and other subsequent proceeding to the knowledge of the petitioners. ..... lakshmanan, j. 1. the first respondent company is a private limited company incorporated under the provisions of the indian companies act, 1913. respondents nos. 2 to 6 are brothers and son of one balaswamy naidu. the petitioners are the sons of late guruviah .....

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