Skip to content


Judgment Search Results Home > Cases Phrase: indian partnership act Court: chennai Year: 2017 Page 1 of about 15 results (0.053 seconds)

Feb 03 2017 (HC)

A.G. Sekaran Vs. M/s. Essaargee Fibro Industries and Others

Court : Chennai

Decided on : Feb-03-2017

..... 3 are not personally liable under the above said letter of promise, it could be see that the suit laid by the plaintiff is hit by section 69 of the indian partnership act, 1932. accordingly, the substantial questions of law formulated in this second appeal are answered against the plaintiff and in favour of the defendants. in conclusion, the second appeal fails and ..... erstwhile partner of the first defendant firm and the same is also indicated in the letter of promise, the suit is maintainable and not barred under section 69 of the indian partnership act, 1932 and in this connection, he relied on the decision reported in(2004) 13 scc 358 (bhartesh chandra jain vs. shoiab ullah and others). however, as rightly put forth by ..... has given up the first defendant only to set at naught the rigour of the defence of maintainability of the suit raised by the defendants under section 69 of the indian partnerships act, 1932 by misusing the judicial process. 10. the plaintiff's counsel further contended that inasmuch as the plaintiff has sought the recovery of money in lieu of his capital, share ..... first defendant, without effecting consequential amendment of the plaint pleadings. when the defendants have in their written statement specifically pleaded that the suit is hit by section 69 of the indian partnership act, 1932, the plaintiff on giving up his case as against the first defendant, should have given due notice of the same to all the defendants. the plaintiff seems to have .....

Tag this Judgment!

Jan 20 2017 (HC)

M/s. Trans India Resorts having its Reg. Office at No.37/10, T. Nagar, ...

Court : Chennai

Decided on : Jan-20-2017

..... have no legal sanction at all. however, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically ..... with or without permission of the court. in respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like prevention of corruption actor the offences committed by public servants while working in that capacity, the settlement ..... sheet has been filed against the above accused persons for the alleged offences under sections 120-b r/w.420, 467, 468, r/w.468 ipc, in c.c.no.15945 of 2003. since the issues involved in both the crl.o.ps, are one and the same, these original petitions ..... parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. no doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens wellbeing of society and it is not safe to ..... a criminal conspiracy to commit criminal misconduct and cheat the idbi bank. the said acts of the accused persons prima facie constitute the offence punishable under section 120(b), r/w.420, 467, 468 r/w.471 ipc. on source information, a case in rc ma1-1999-a0016 was registered by .....

Tag this Judgment!

Mar 01 2017 (HC)

Sivaji Productions, Rep. by its Managing Partner G. Ramkumar Vs. Symph ...

Court : Chennai

Decided on : Mar-01-2017

..... plaintiff all the infringing vcds and dvds of the tamil feature film aasal . 2. brief facts of the plaintiff's case are as follows:- the plaintiff is a registered partnership firm, engaged in the business of film production and distribution for the past 47 years. in the course of its business, the plaintiff produced a tamil feature film titled aasal ..... world satellite television broadcasting rights, terrestrial television broadcasting rights etc., to ayangaran international media private limited, chennai, under a memorandum of understanding dated 28.04.2009, while retaining the indian vcd and dvd exploitation rights. subsequently, under an agreement dated 22.01.2010, the said ayangaran international media private limited assigned the exclusive world satellite television broadcasting rights, terrestrial broadcasting ..... reverse of the cover, the words copyright owned, manufactured and marketed by symphony home video are printed. it is also stated that under section 52(a) of the copyright act, the defendant has obtained necessary copyright works for making the dvd film. a warning has also been printed stating that the copyright holder has licensed the film for transport use ..... (prayer: the suit has been filed under order vii rule 1 of code of civil procedure read with sections 55 and 62 of the copyright act, 1957, for the following reliefs:- (a) to pass a judgment and decree of permanent injunction restraining the defendant, its men, agent/agents, or any person claiming through or under .....

Tag this Judgment!

Feb 27 2017 (HC)

S. Kumaresan Vs. State Rep. By: The Inspector of Police, All Women Pol ...

Court : Chennai

Decided on : Feb-27-2017

..... her. prosecution contended that she gave consent on misconception of fact that he will marry her. the defence contended that she was a consenting-party for sexual partnership. it was held that it is consensual sex and acquitted the accused. 22. in uday vs. state of karnataka [(2003) 4 scc 46] the ..... cases. however, the courts now-a-days do come across registration of many cases of the offence of rape under section 376 of the indian penal code. if the act is repeatedly committed, then, section 376 (2)(n) is also invoked where the punishment is not less than 10 years. thus, the ..... it can hardly be said that the consent was obtained fraudulently. therefore, there is no material against the accused to charge him under section 376 of the indian penal code. however, there are other allegations of intimidation, cheating and causing hurt and beating. 33. inakshay manoj jaisinghani vs. state of maharashtra (anticipatory ..... both the families. the marriage proposal was broken. he refused to marry her. he was prosecuted for offences under sections 376, 420, 323, 506(ii) ipc. 32. in the said case the bombay high court held as under: 6. perused all the documents presented here. after going through the fir, it ..... to abort. it was forcibly aborted. thereafter, he refused to marry her. he was prosecuted for offences under sections 323, 376 and 506(i) of ipc. he contended that the physical relationship was out of their mutual consent. 30. in the said case the bombay high court held as under: ''perused the .....

Tag this Judgment!

Mar 02 2017 (HC)

M. Vijayalakshmi and Another Vs. Sadhu A.N. Sircar Foundation, Rep.by ...

Court : Chennai

Decided on : Mar-02-2017

..... parties. that itself clearly shows that they concealed the material facts and obtained letters of administration fraudulently. 21. in this context, it is useful to refer section 263 of the indian succession act 1925, which reads as follows: 263. revocation or annulment for just cause the grant of probate or letters of administration may be revoked or annulled for just cause. explanation ..... not make the said society distinct from an association of persons. sections 223 and 236 of the act in very categorical terms provide that association of persons; be it a society, a partnership or other forms of associations, a letter of administration can be granted only to a company fulfilling the conditions laid down under the rules. the rules have been ..... framed by the governor-general-in council, which, after the enforcement of the constitution of india, became a law within the meaning of article 372. sections 223 and 236 of the act ..... of the applicants, the 1st respondent has suppressed the same in the original petition proceedings for grant of letters of administration. as per sub-clause to section 263 of the indian succession act, if the grant of letters of administration has become useless and inoperative through circumstances, the same can be revoked. in the instant case, according to the first respondent, will .....

Tag this Judgment!

Feb 20 2017 (HC)

R.M. Nachiappan Vs. S. Nachammai and Others

Court : Chennai

Decided on : Feb-20-2017

..... 25.11.2002, which have been filed to show that all these cheques were signed by the ramanathan chettiar, even after ex.p1, will executed by him. similarly, ex.p6, partnership deed entered into between ramanathan chettiar and his children and one s.panayappan in the year 2000, is also filed to prove the signature of ramanathan chettiar. ex.p7 delivery ..... is an admitted fact that initial burden always lies on the propounder to prove the execution as well as the attestation of will, as contemplated under section 63 of the indian evidence act and also testamentary capacity of testator. once the execution and attestation of the will and testamentary capacity as required under law are established, then the burden shifts on the ..... foundation6.p-601.04.2000deed of partnership7.p-701.10.2002delivery instruction for market traders8.p-801.10.2002delivery instruction challan9.p-9-savings bank passbook of n.ramanathan chettiar, indian bank10.p-1001.10.2002delivery instruction for market traders11.p-1101.10.2002hdfc bank delivery instruction by clients12.p p-13-1218.11.2008indian bank - 11 cheques13.p-1306.12 ..... (prayer: original petition no 642 of 2005 was filed under sections 222 and 276 of indian succession act, order xxv r/w r-4 of the high court (original side rules) of 1925 for the grant of letters of administration. against this petition a caveat was filed on .....

Tag this Judgment!

Jan 20 2017 (HC)

M. Sankar Nadar and Another Vs. Deva Krishnan

Court : Chennai Madurai

Decided on : Jan-20-2017

..... for this period of four years. the short point for consideration is whether this contention falls within the mischief of section 92 of indian evidence act. section 92 of indian evidence act runs as follows:- when the terms of any such contract, grant or other disposition of property, or any matter required by law ..... premises. so long as the premises remain in occupation of the tenant or in his control, a mere entering into partnership may not provide a ground for eviction by running into conflict with prohibition against subletting or parting with possession. this is a general statement of ..... need of capital or finance or someone to assist him in his business and to achieve such like purpose he may enter into partnership with strangers. quite often partnership is entered into between the members of any family as a part of tax planning. there is no stranger brought on the ..... date of the sale transaction, it will not affect the agreement of sale transaction. 5)the defence theory is hit by section 92 of the indian evidence act, unless there are circumstances which would prove that equity will suffer by enforcing the agreement for sale. (xv) in dr.vijayakumar rau vs. dr ..... to save himself from the peril of eviction brings into existence, a deed of partnership between him and his sub-lessee to act as a cloak on the reality of the transaction. the existence of deed of partnership between the tenant and the alleged subtenant would not preclude the landlord from bringing .....

Tag this Judgment!

Jan 06 2017 (HC)

J. Shamlal Vs. G. Manoharan, Proprietor, M/s. S.D.M. and Co., Chennai

Court : Chennai

Decided on : Jan-06-2017

..... p.c. however, for further proceedings, the complainant ought to be examined and in case of managing partner or dormant partner/working partner, of a partnership firm, or if it is a company or any other juristic individual, then, the individual authorised in this regard is quite competent to adduce evidence, ..... contract of the 'principal' personally, as per section 230 of the indian contract act. added further, a forceful plea is raised on behalf of the respondent that the appellant/complainant ought to show who is the 'principal'. 15. in ..... an implied - authority is given to the appellant. in short, the respondent/accused had executed ex.p2 confirmation letter as per section 187 of the indian contract act, 1872. 8. the learned counsel for the appellant invites the attention of this court that the appellant/complainant as 'holder of case cheques' exs. ..... plea that in the instant case, the 'principal' is not disclosed and in this regard, he refers to section 195 of the indian contract act, 1872 which speaks of 'agent's duty in naming such person'. furthermore, on behalf of the respondent, a reference is made to the section ..... 226 of the indian contract act which deals with 'enforcement and consequences of agent's contracts'. apart from that, the respondent takes a stand that an agent cannot enforce the .....

Tag this Judgment!

Jan 27 2017 (HC)

Petitioner Vs. Respondent

Court : Chennai

Decided on : Jan-27-2017

..... that the suit films in s.nos.30 and 31 had been produced by sri thenandal films, who had assigned the entire video rights to m/s.digital war, a partnership firm. the assignment agreement is dated 18.7.2007. with respect to film in s.no.31, it had been stated that by agreement dated 11.7.2003, video rights ..... in the affidavit has also been disputed as false. 7. this court heard the learned counsel on either side. 8. section 65 of the indian evidence act relates to production of secondary evidence. section 64 of the act states that the documents must be proved by primary evidence. section 65 reads as follows:- 65. cases in which secondary evidence relating to documents may ..... ; (e) when the original is a public document with the meaning of section 74; (f) when the original is a document of which a certified copy is permitted by this act, or by any other law in force in india to be given in evidence (g) when the original consists of numerous accounts or other documents which cannot conveniently be examined .....

Tag this Judgment!

Jan 06 2017 (HC)

C. Kamaraj and Another Vs. The Registrar of Cooperative Societies and ...

Court : Chennai

Decided on : Jan-06-2017

..... no case that the report or any portion thereof is confidential in nature, nor are the respondents claiming any privilege under sections 123, 124, 129 and 131 of the indian evidence act. rule 173 of the co-operative societies rules enables any person to get certified copy of a document filed in the registrar's office, on payment of requisite fees. the ..... have subscribed directly to the share capital of the registered society or in case any moneys are due from the registered society either to the principal state partnership fund or to the subsidiary state partnership fund referred to in chapter vi, to the government or to any officer appointed by the government in this behalf; (ii) to the financing bank, if any ..... for initiating action for superseding the board, has not been furnished to the affected person / petitioner herein, therefore, the second respondent cannot take action under section 88(1) of the act. 32. in yet another decision in vallipattu primary agricultural cooperative bank (cited supra), this court, by observing that the supersession of the elected board is a serious step, held thus ..... , when all the loans so granted were recovered fully, the second respondent, without jurisdiction, had passed an order of supersession on 30.03.2015 terminating the entire board. such an act of the second respondent, he contended, is wholly misconceived. 8. pursuant to the supersession, the tamil nadu state cooperative election commissioner had issued a letter dated 10.09.2015 permitting .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //