Court : Delhi
Decided on : Apr-02-1975
Reported in : AIR1976Delhi63; 1976RLR103
..... case, the division bench of the andhra pradesh high court came to the conclusion that the provisions of law corresponding to section 12 of the partnership act did not allow ratification by a majority without the question having been raised and debated no exception can be found to the rule of law ..... 1. i am unable to accept the said submission of the counsel. (11) as observed above, the provisions of section 19(2) of the partnership act did not create any statutory bar on the powers of the partners, but they are merely a statutory expression of the presumptions of the terms of ..... validated by ratification. he also submits that the defendant appellant can challenge the validity and effect of the assignment. (3) sections 19 and 20 of partnership act are: ......... (4) a perusal of the aforesaid provisions shows that the implied authority mentioned in section 19 is subject to the contract between the ..... filed 2nd appeal. after narrating these facts, judgment para 6 onwards is : (2) mr. bagga contends firstly that section 19(2)(c) of the partnership act prohibits an implied authority of a partner to extend to compromise or relinquish any claim or portion of a claim by the firm. secondly, the authority, ..... but the transaction between the third parties and the firm would remain binding. there is nothing contained in section 19 of the partnership act to prohibit the partner from acting in due course of business and disposing of the goods and stocks at a full or lesser value. (6) the contention of .....Tag this Judgment!
Court : Delhi
Decided on : Sep-02-1975
Reported in : 1976CriLJ562; 1975RLR518
..... style of m/s. chiranji lal ramjl das, delhi. this firm is assessed to income tax. on november )2, 1965 the said hindu undivided family was converted into a registered partnership firm with har narain and his five sobs being (he partners. this firm had various branches situated at different places. one of the branches was run under the name of ..... 13, 1967 the income tax officer filed a complaint against the respondents under section 52 of the income tax act, 1922 and section 193, indian penal code. the same day a charge sheet was filed by the inspector of police, c b.i., against the respondents under 'section 120-b read with section ..... respondents. it was found that har narain along with other respondents with the intention to defraud the income-tax authorities had committed offences under section 193, indian penal code, and section 52 of the income tax act, 1922 between june 12, 1951 and february 15, i956. the matter was duly reported to the central bureau of investigation for investigation. (3) on november ..... 420, 477a, 467/471 indian penal code ., section 193 indian penal code . and section 52 of the income tax act, 1922, and section 420, 477a, 467/471 indian penal code ., 193 indian penal code . and section 52 of the income tax act 1922' after obtaining the requisite consent under section 196-a (2) of the code .....Tag this Judgment!
Court : Delhi
Decided on : Aug-14-1975
Reported in : ILR1976Delhi95
..... to certain safeguards provided in the document. the will contains no provision with regard to the succession of the share of the testator in the partnership by the widow. there is, thereforee, no doubt that there is a clear inconsistency between the two documents in relation to the rights ..... total deprivation of the elder son from inheritance without any explanationn to justify it. it was not disputed that in terms of the deed of partnership, ex. r 1, both sons since before the death of the testator have been partners with the testator in the dry cleaning business ..... were married and looking after their own affairs and had, thereforee, no claim over his property. the learned district judge then observed that 'their partnership interest in the business would naturally remain unaffected by any disposition made by the deceased.' the circumstance that the main beneficiary was the minor son ..... drycleaning business on the ground floor and owned, inter alia, 'other moveable and immovable property'. the will makes no mention of the deed of partnership, ex. r 1 or the fact of the execution of the said document or that the dry cleaning business ceased to be the testator's ..... not obliterate the distinction between the ordinary civil jurisdiction of the district judge and the testamentary and intestate jurisdiction of that court under the indian succession act. section 266 merely indicates the ambit of the power of the district judge while dealing with the matters in exercise of its testamentary and .....Tag this Judgment!
Court : Delhi
Decided on : Sep-22-1975
Reported in : ILR1976Delhi753
..... part of this role is the relationship editors have with their staff. this is a constant two-way communicating relationship. newspapers are produced by a partnership of many talents. the editor takes legal responsibility for the product, but in the reality of newspaper work he is in many ways primus inter ..... 19(l)(f) and 31(1) alleged to have been violated by the central bank of india ltd., a company incorporated under the indian companies act. in that case five shares held by the petitioner shamdasani were sold by the bank in purported exercise of its right of lien for ..... press commission and guarantees predominant representation to members drawn from the press who will consist of working journalists, including working editors of both english and indian language newspapers, and persons who own and carry on the business of management of newspapers. the remaining few members will represent the interests of education ..... has no jurisdiction to entertain, examine and pronounce its views on them. (23) mr. g. a. thakker, who appeared on behalf of the interveners, indian and eastern newspaper society, (allowed to intervene by our orders dated march 10, 1975 in c. m. no. 473 of 1975), made legal submissions regarding ..... every enquiry held by the press council shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code. it is also. for the press council to give the parties a reasonable opporobligatory tunity to be heard in the enquiry, to .....Tag this Judgment!
Court : Delhi
Decided on : Jan-28-1975
Reported in : ILR1975Delhi788
..... distinction in such a case has to be made between a concluded contract and a continuing contract like a contract of domestic service or a contract of partnership. (see maddala thathiah v. union of india : air1957mad82 ) which later on appeal also came up before the supreme court and has been referred to ..... here record that in para 8 of the judgment in this case there is an observation that section 5 of the indian limitation act does not apply to proceedings under the arbitration act but this point was not urged either before the learned single judge or before us and it is unnecessary to go ..... union of india could not file objections earlier. the facts proved make out a 'sufficient cause' within the meaning of section 5 of the limitation act, 1963 for condensation of delay as held by the learned single judge. accordingly, the objection of shri vohra that the objections filed by union of ..... of this knowledge. he further argued that counsel for union of india, after making the application dated july 24, 1972 under section 14 of the act, appeared before the registrar on august 3, 1972 and the latter explicitly directed the parties to file objections to the award and this, in any ..... this appeal is directed against the order of the learned single judge dismissing the objections of the appellant, union of india, under section 30 of the arbitration act, 1940 and refusing to set aside the award.(2) in pursuance of an arbitration clause in the contract dated february 6, 1963 entered into by union .....Tag this Judgment!
Court : Delhi
Decided on : Jul-17-1975
Reported in : AIR1976Delhi115
..... on the bank to take care of the same and referred not only to the provisions of sections 148, 151 and 172 of the contract act but sought support from a large number of indian and english decisions touching the question of the legal obligation of a bailee vis--vis the subject-matter of bailment. it is, however, ..... goods of the same bulk, quality and value as the goods bailed.- the various decisions cited and the bar on behalf of the plaintiff both in english and indian law were concerned with the application of the aforesaid principle of the liability of a bailee and the extent of the care that he was bound to take ..... the plaintiff was fully protected in terms of the policy notwithstanding the aforesaid default by virtue of the provisions of section 18 of the displaced persons (debts adjustment) act 1951. section 18 clearly provides that where property in west pakistan belonging to a displaced person was insured against any risk arising out of fire, not and civil ..... on the claim of the plaintiff i also, found a complete absence in the submissions made by the parties of the impact of the displaced persons debts adjustment) act 1951 on the rights and obligations of the parties forming subject-matter of the suit. 1, thereforee, had the matter listed for further arguments and while supplementary written ..... order1. the plaintiff, a partnership firm, sues the defendant, a nationalized bank and successor -in - interest of a banking company, for the recovery of rs. 2,19,411/-, being the balance .....Tag this Judgment!
Court : Delhi
Decided on : May-26-1975
Reported in : AIR1976Delhi24
..... the aid of unaccounted funds, popularly called the 'black money' and to defraud public revenues is invalid and unenforceable.2. the plaintiff, a registered partnership carrying on wholesale business in textiles and hosiery goods in a large wav as a representative of a number of leading manufacturing units and having number of ..... the attitude of the learned counsel for the parties with regard to the aforesaid question, i spent some time wading through the english as well as indian reports on this aspect of the law of contract to which i would presently make a reference. i may, however, point out that the failure ..... to defraud the revenue, the relief could not be refused to the plaintiff either on the basis of the provisions of section 23 of the contract act or the general principles applied in england. section 23 makes a contract illegal of which the 'consideration' or the 'object' is contrary to public ..... there was no reason why the relief of return of goods be denied to the plaintiff. learned counsel invoked the provisions of section 65 of the contract act in support of his claim for such a relief and relied on the decision of the supreme court in the case of kuju collieries ltd. v. ..... england that if the illegal consideration constituted a subsidiary or a minor part of the total consideration and if the illegality did not involve a criminal act or one contra bonos mores, the illegal part of the consideration may be severed from the rest of the consideration and the legal promises may be .....Tag this Judgment!
Court : Delhi
Decided on : May-09-1975
Reported in : AIR1975Delhi248; ILR1975Delhi151b
..... sufficient to cover the full amount recoverable, the contractor shall on demand pay to the purchaser the balance remaining due.forthe purpose of this clause, where the contractor is a partnership firm. the purchaser shall be entitled to recover such amount by appropriating in whole or in part any sum due to any partner of the firm whether in his individual ..... have given rise to this writ petition have to be stated. the petitioner. messrs mohan mealdn breweries limited, mohan nagar, ghaziabad (u.p), is a company registered under the indian companies act. there arc three respondents to the writ petition. the first respondent is the union of india through the secretary. ministry of food and agriculture, government of india. the second respondent ..... m/s. air foam industries at that time out of which the threatened recovery would he made by the union of india. subsequently, the application under section 20 of the indian arbitration act was allowed, and if was ordered that the arbitration agreement contained in clause 24 be filed. also. an order of reference to arbitration in accordance with the arbitration agreement ..... under clause 24 of the terms and conditions of the contract. thereforee. m/s. air foam industries filed an application in this high court under section 20 of the indian arbitration act for filing into court the arbitration agreement contained in that clause. m/s. air foam industries also filed an application for an interim injunction restraining the union of india from .....Tag this Judgment!
Court : Delhi
Decided on : Mar-05-1975
Reported in : 1976CriLJ374
..... the company on its constitution. in may, 1965, the board of directors of the company decided to transfer the assets of the company to the said partnership firm. in 1969, the board decided to wind up the company voluntarily. the decisions were ratified by the company in its general meeting in november, 1969 ..... m. (m) 175/73.2. p. d. jain and a. p. jain, appellants in r. s. a. 144/73 were carrying on business in partnership in the name and style of bishamber dass and sons prior to march, 1958. in march, 1958, a joint stock company by the name of bishamber dass and ..... road, faridabad. since the plaintiff worked for that factory and defendants 2 and 3 are the owners thereof, section 70 of the indian contract act would be attracted. section 70 of the contract act reads as follows:where a person lawfully does anything for another person, or delivers anything to him, not intending to do so ..... but it appears to me that in raising the plea of denial and persisting in it in the course of their statements, the appellants were not acting reasonably even though the conclusion of the first appellate court with regard to the propriety of criminal action may not be justified, the pleas of ..... the first appellate court granted to the respondent a decree for rs. 300/- against the appellants in their personal capacity under section 70 of the contract act on the finding that even though the contract had been entered into between the respondent and the company, the appellants had benefited by the work done .....Tag this Judgment!
Court : Delhi
Decided on : Jan-13-1975
Reported in : 46CompCas339(Delhi); ILR1975Delhi692; 1975RLR320
..... be, are sent by the companies or firms concerned and received by the secretary of the company within the aforesaid time. in the case of partnership firms the authorisations will be confined to one of the partners. if the same person is a partner in more than one member-firm he ..... was concerned with a case where one third of the directors retired by rotation at every annual general meeting. i had referred to a few indian cases which discussed the question whether those directors who have to retire by rotation also vacated their offices by reason of their own failure to ..... of statutory interpretation are applied as frequently as the presumption against alterations in the common law' (p. 116) ; (b)in the case of a consolidating act there is a, particularly strong presumption that it does not alter the law contained in the statute which it replaces, (p. 116). (28) in the ..... that the article provision concerning annual election of directors did not mean that they could not continue after the year. no provision of the companies act was even discussed. the bombay decision rightly dissented from kailash chandra and followed in in re consolidated nickel mines ltd. (1914) ch. div 833 ..... at which the directors/executive committee members could be elected. it, thereforee, falls for consideration whether having regard to the relevant provisions of the act and the articles of the company set out above the 18 executive committee members/directors of the company retired and ceased to hold office on .....Tag this Judgment!