Court : Chennai
Decided on : Jun-27-2013
..... other transaction. 14. the second defendant filed a written statement contending as follows:- (a) the plaintiff is not a registered partnership firm ands hence there is a bar for the institution of the suit, as per section 69(2) of the indian partnership act, 1932 read with order xxx, rules 1 and 2 cpc. (b) on 16.6.1995, the plaintiff firm represented by ..... partition, as evidenced by a koorchit, is available only to properties belonging to joint families. this facility is not extended to properties owned by partnership firms. while under section 14 of the partnership act, it is possible for a partner to bring into the partnership, property belonging to him by the evidence of his intention to make it part of the assets of the ..... (1969 (82) lw 317) that whenever a division of property takes place under a deed of dissolution of partnership, the document is both a deed of dissolution as well as a deed of partition and that therefore, under section 6 of the indian stamp act, the higher duty payable for a deed of partition will be payable on the instrument. however, another full ..... bench of this court held in chief controlling revenue authority v. sarojini muthusamy (2001 (1) lw 489) that when a partnership firm is dissolved, the partners are entitled to the benefits .....Tag this Judgment!
Court : Chennai
Decided on : Apr-18-2013
..... of the share capital and the son of the fourth respondent holds the remaining 25%. the partnership firm purchased 26 acres of property in survey nos.98/2c and 88/2c at ..... authorities from interfering in a partnership dispute relating to the management of a mineral water unit at trichy.2. the petitioner is stated to be the managing partner of m/s.adam & eve aqua food products, trichy, a firm registered under the provisions of the indian partnership act. the petitioner holds 75% ..... settled. the court is not the venue to wash the dirty linen. the petitioner made a deliberate attempt to drag on the proceedings related to partnership dispute. this writ petition is not an exception.8. in the result, the writ petition is dismissed. consequently, connected miscellaneous petitions are also ..... to give a cause of action to file a writ petition. the documents produced by the fourth respondent clearly shows that there was a partnership dispute between the petitioner and the son of the fourth respondent. there is nothing on record to show that the police have interfered in ..... the constitution of india for the issue of a writ of mandamus, directing the respondents 1 to 3 herein from in anyway interfering in the partnership firm of the petitioner either directly or indirectly at the instance of the fourth and fifth respondents. !for petitioners ... mr.veera kathiravan ^for .....Tag this Judgment!
Court : Chennai
Decided on : Feb-01-2013
..... limits. the learned senior counsel submitted that on a plain reading of the provisions of sections 36 and 54 of the indian partnership act, it is clear that non-solicitation clauses always stood outside the purview of section 27 of the act.42. indian partnership act, 1930 makes provision for enabling partners to impose covenants of restraint of trade in certain cases. because of elements of mutuality ..... solicitation they have actually supplied castings. when there is such an alternative remedy, question of issuing a prohibitory injunction does not arise.41. drawing our attention to the provisions of indian partnership act - sections 36 and 54, the learned senior counsel for appellant mr.vijay narayan submitted that upon a fair interpretation of section 27 as the whole and other provisions of ..... reasonable restrictions are imposed. the business agreement between the appellant and the respondent cannot be said to be an act of partnership so as to interpret the terms of the agreement in conjunction with the provisions of indian partnership act.43. the materials produced by the appellant are not sufficient to arrive at a clear finding that the respondent solicited the customers of the ..... that non-solicitation clauses always stood outside the purview of section 27. drawing our attention to section 36(2) of the indian partnership act, the learned counsel submitted that a partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar .....Tag this Judgment!
Court : Chennai
Decided on : Jul-04-2013
..... particular person has chosen to include himself as a partner of a firm will not result in incorporation of all his individual properties as the assets of the partnership. section 14 of the indian partnership act, 1932 says: 14. subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock ..... , all the assets with aid of which the business was carried on by the plaintiff must be deemed in law to have become partnership assets, under the deed of partnership, dated march 16, 1953. section 14 of the partnership act, 1932, provides: subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought ..... firm as his contribution thereto without a registered instrument, as soon as a partner intends that his separate properties should become partnership properties and they are treated as such, then by virtue of the provisions of the contract act and the partnership act,the properties become the properties of the firm.16. in a full bench decision of this court in air1970madras 5 [chief ..... court reported in 1969 (3) scc555[arjun kanoji tankar v. santaram kanoji tankar]. wherein their lordships have observed that in order to bring the matter under section 14 of the partnership act, it must be shown that there is an agreement express or implied that the property was has to be treated as the property of the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-03-2013
..... /plaintiff submitted that irrespective of the authorization letter that was given by the other two partners.as per clause 7 of the partnership deed, the partners of the firm can act jointly and severally and hence, the said anuradha as one of the partners of the firm independently is having a power to ..... by the 1st respondent-firm. but the said deed of assignment was prepared only in hundred rupees stamp paper. as per section 23(b) of the indian stamp act, the applicant has to pay rs.6/- for every hundred rupee, apart from 2% service charge, for registering the document. therefore, it is apparent ..... assignment cannot be looked into since the said deed of assignment was prepared only in hundred rupees stamp paper. further, as per section 23(b) of indian stamp act, apart from 2% service charge, rs.6/- has to be paid on every hundred rupees for registering the document. in the instant case, though ..... looked into, since the said deed of assignment was prepared only on a hundred rupees stamp paper. as per article 23(b) of schedule 1 of indian stamp act, apart from 2% service charge, six rupees has to be paid for every hundred rupees for registering the document. but, in the instant case, ..... person is not properly stamped or sufficiently stamped, the registrar shall impound and deal with it in the manner provided by chapter iv of the indian stamp act. since there is a provision for impounding the document under the trade marks rules, the deed of assignment can be considered for the purpose of .....Tag this Judgment!
Court : Chennai
Decided on : Dec-20-2013
..... .685 of 1993, the oral will which was reduced into writing on 02.05.1974 and the family arrangement dated 16.05.1974 were upheld and partnership properties were divided among the grandsons of late sathyanathan and therefore, the court below erred in holding that exs.b.8 and b.1 cannot be ..... 5 and one r.p.david are the children of sathyanathan and gnanambal and the properties were self-acquired properties of sathyanathan and he was also having partnership business with his son r.p.david and he was also doing business in transport, in which, all his children were partners. the plaintiff executed a ..... grandsons through his sons and after the death of sathyanathan, fifth respondent and r.p.david were in the management of the properties. as per the indian succession act, gnanambal, widow of sathyanathan, was entitled to 1/3 share and other children are entitled to 2/3 share and gnanambal also died on 30. ..... and he also stated that he was not aware of the settlement deed executed in favour of his son, but as per settlement deed it was acted and accepted by swaminathan and swaminathan did not give any evidence that he accepted the settlement deed. further, the settlement deed and will were executed in ..... by the grandmother. he also submitted that having regard to the evidence of the witnesses, it cannot be stated that the settlement deed was validly acted upon and this was also not proved by examining any one of the attesting witnesses and though one attesting witness/d.w.3 was examined to .....Tag this Judgment!
Court : Chennai
Decided on : Aug-30-2013
..... quash the criminal prosecution initiated by the respondent/complainant for the offence under section 138 of the negotiable instruments act. 2.the complaint proceeds as if the complainant is a partnership firm doing the money lending business and hire purchase finance and the accused is the chairman of m/s. ..... the circumstances under which the accused lodged the complaint against the complainant's auditor by name k.subramaniam for the alleged offence under section 420 ipc and enquiry held on the same, summons issued to the accused for the enquiry, and the seizure of the cheque in question bearing no ..... imperative in character for maintaining a complaint and unless a notice is served in conformity with proviso(b) appended to sec.138 of the act, the complainant petition would not be maintainable and an omnibus notice without specifying as what was the amount due under the dishonoured cheque would ..... the demand for payment of cheque amount, being the only incriminating circumstance which exposes the drawer for being proceeded against under section 138 of the act, the making of such demand in the notice is the statutorily envisaged demand and the absence of the same does invalidate the notice. it ..... is no prescribed form for the statutory demand notice to be issued under clause (b) of proviso to section 138 of the negotiable instruments act and the contents of notice dated 26.02.2005 constitute valid demand for repayment of the cheque amount and satisfies the statutory requirement of clause .....Tag this Judgment!
Court : Chennai
Decided on : Jun-26-2013
..... to service tax under business support service or renting of immovable property.31. the circular no.148/17/2011-st dated 13.12.2011 recognises arrangement under unincorporated partnership/joint/ collaboration basis. for recognition of such joint venture as a new entity, the circular refers to new horizons case ((1995) 1 scc478. in the ..... temporarily transferred ----------------------------------------------------------- arrangement service provided by each of the under person i.e. the `new entity'/ unincorpo- theater owner or exhibitor / rated distributor or sub-distributor or partnership/ area distributor or producer etc, joint/ as the case may be, is liable to collaboratio service tax under applicable n basis service head ----------------------------------------------------------- 11. it is understood ..... and no copyrights are temporarily transferred, service tax is payable under business support service/renting of immovable property , as the case may be. arrangement under incorporated partnership/joint/colloboration basis, service provided by each of the person i.e., a new entity/ theatre owner or exhibitor/distributor or sub-distributor or area distributor, ..... ".temporary transfer or permitting the use or enjoyment of a copyright covered under clauses (a) or (b) of sub-section (1) of section 13 of the indian copyright act, 1957 (14 of 1957), relating to original literary, dramatic, musical, artistic works or cinematograph films.".49. under notification no.3/2013-s.t dated 1.3.2013 .....Tag this Judgment!
Court : Chennai
Decided on : Apr-30-2013
..... given to the pawner. in this connection the learned counsel reads out three decisions viz., (1) sri rama finance corporation, bobbili, sri kakulam district a partnership firm by their managing partner sri. c.v. seetharamaswamy v. chatla yellaiah reddi and two others (1976) 1 a.w.r.107; (2) prabhat ..... the loan agreement without further notice. the contention therefore was, that this notice satisfied the requirement of section 176 r/w 177 of the indian contract act. iv) in support of this contention, learned senior counsel placed reliance on the judgment of this court in the case of kesarimal vs. gundatathula ..... the unequal bargaining power would not only be ultra vires article 14 of the constitution of india but also hit by section 23 of the indian contract act. in ongc (supra), this court, apart from the three grounds stated in renusagar (supra), added another ground thereto for exercise of the ..... brojo nath ganguly [(1986) 3 scc 156.wherein the applicability of the expression 'public policy' on the touchstone of section 23 of the indian contract act and article 14 of the constitution of india came to be considered. this court therein was dealing with unequal bargaining power of the workmen and ..... the share broker are entitled to rely upon various terms in the agreements and pledge agreements, they being contrary to the provision of the indian contract act, 1872? 4.whether the creditor gave valid notice to the pledgors before affecting the sale of the pledged shares? 5.are the sales .....Tag this Judgment!
Court : Chennai
Decided on : Mar-27-2013
..... money recovered by the respondent from the invocation of bank guarantees are concerned, there can be no serious dispute that to that extent the claimant, a partnership firm, engaged in business ventures have not only been denied of the legitimate use of money to which it is entitled to in a profitable manner ..... scc 45.(basavaraj & another v. canara bank and another) the apex court reiterated this basic principle of law by observing that section 62 of the indian contract act only gives statutory form to the common law principle of novation, and the basic principle behind the concept of novation is the substitution of a contract by ..... contract, by any mutual consent. it is an axiomatic principle of law that novation, recession or alteration of a contract under section 62 of the indian contract act, 1872, can also be done with the agreement of both the parties to the contract. it is only both the parties have to agree to ..... filed application in january, 2010 for issuance of garnishee order against the bankers of itel, i.e. m/s.vijaya bank, mount road, chennai, m/s.indian bank, adyar, shastri nagar, chennai and m/s.axis bank limited, adyar, chennai, prohibiting them from paying money to them to the extent of rs.2 ..... grant of rs.32,50,00,000/- (rupees thirty two crores and fifty lakhs only). in addition, it took term loans from tufidco, m/s.indian bank, m/s.vijaya bank etc. the petitioner company also availed inter corporate loans from tidco as well as from tidel park, the promoter company of .....Tag this Judgment!