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Judgment Search Results Home > Cases Phrase: indian partnership act Court: delhi Year: 1991 Page 1 of about 22 results (0.044 seconds)

Apr 01 1991 (HC)

Raj Chopra and anr. Vs. Narender Anand and ors.

Court : Delhi

Decided on : Apr-01-1991

Reported in : 1991(21)DRJ53

..... him carries on a like business therein, provided that such limits appear to the court reasonable, regard being had to the nature of the business.' the indian partnership act, 1932 : 'section 54. partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of ..... as the restraint was reasonable. section 54 of the partnership act removed the bar imposed by section 27 of the contract act. it does, however, appear to me that the plaintiffs themselves are not sure of their stand but let me set out the sections : indian contract act, 1872 : 'section 27. every agreement by ..... will not carry on a business similar to that of the firm. modification deed is no such agreement. again, thereforee, section 54 of the partnership act is inapplicable. section 55 is also not applicable. the firm competent builders had not been dissolved and no question of setting the accounts would arise ..... of competent builders 8 kms. clause was introduced in order to avoid confusion as well. there is no term as 'partial dissolution' under the partnership act. rather this terms appears to be misnomer and cannot best be applied in the case of a retiring partner. it cannot be applied when a ..... , illegality and was against public policy. i have already held that the clause is void under section 27 of the contract act and section 54 and 55 of the partnership act do not apply to the facts of the case. (19) traditional weighing of the factors in granting temporary injunction has been .....

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May 28 1991 (HC)

Kavita Trehan and ors. Vs. Balsara Hygiene Products Limited

Court : Delhi

Decided on : May-28-1991

Reported in : AIR1992Delhi92; 1991RLR544

..... j.(1) two questions arise in this suit. the first one being whether the suit is liable to;be dismissed in view of section 69 of the indian partnership act, partnership being un-registered on the date of filing of the suit and in case the suit is to be dismissed, the second question would, be whether the ..... & on. v. balsara hygiene products limited suit was not maintainable in view of the provisions of sub-section (2) of section 69 of the said partnership act and the view taken by the i rial court and confirmed by the high court in the connection is correct. although the plaint was amended on a later ..... 6. hi the present case the suit filed by the appellants is clearly his by the provisions of sub-section (2) of section 69 of (be said partnership act, as on the date when the suit was filed, two of the partners show as partners as per ffi(r) relevant entries in the register of firms were ..... the date of filing of the suit and as such the suit would be hit by-the provisions of sub- section 2 of section 69 of the partnership act. fur this proposition there are during of authorities both of the various high courts as well as the supreme court. 'however, it is not necessary io ..... wherein a preliminary objection has been taken that the suit is not maintainable able as the firm; m/8:subhagya agencies is not registered under the partnership act. upon merits it is averred by the defendant that during the subsistance of the last agreement the defendant by its letter dated august 31,1988 addressed .....

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Feb 07 1991 (TRI)

Collector of Central Excise Vs. Babul Products

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Feb-07-1991

Reported in : (1991)(33)ECC73

..... a firm cannot be a relative of another firm. he relied upon the following decisions :- 1. air 1948 p.c. 100 - bhagwanji morarji goculdas v. alembic chemical works co.:- the indian partnership act recognises that a firm may possess a personality distinct from the persons constituting it and the provisions of sections 22, 48 & 55 of the income tax ..... act also go to show that the technical view of the nature of a partnership in english or indian law cannot be taken to applying the law of income-tax. it is true that under the law of ..... that under that law, there is no dissolution of the firm by the mere incoming or outgoing of partners. the law with respect to retiring partners as enacted in the partnership act is to a certain extent a compromise between the strict doctrine of english common law which refuses to see anything in the firm but a collective name for individuals carrying ..... in law and in practice, when a firm has been treated as having a distinct personality from those of the partners. thus, partnership firm is a person or an entity having an independent and distinct existence liable for its acts. however, since we have already taken the view that in the facts and circumstances of this case, mutuality of interest between the .....

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Aug 02 1991 (HC)

Bansal Construction Co. Vs. Indian Oil Corporation Ltd. and anr.

Court : Delhi

Decided on : Aug-02-1991

Reported in : AIR1993Delhi76; 1991(2)ARBLR409(Delhi); 1991(21)DRJ322

..... registered partners. in view of this affidavit which is not controverter, counsel for the respondent has not raised any contentions based on provisions of section 69 of the indian partnership act. so, this issue is decided in favor of the petitioner. (7) issues nos. 2&3 issues nos. 2 & 3 would be dealt with together. ..... period. (3) the respondents has contested the petition pleading that the petition is not maintainable as is hit by the provisions of section 69 of the indian partnership act and on merits, it is pleaded that in view of the terms of the contract, particularly clauses 66.1.0 and clause 6.2.1.0. ..... , is not entitled to raise any other claim which could be referred to arbitration. (5) following issues were framed: 1.is the petitioner a registered partnership firm and is 'the name of shri mahavir prasad bansal entered in the register of registrar of firms as a partner thereof? 2.whether the claims of ..... claim alleging that there had occurred a breach of contract by the indian oil corporation in furnishing the drawings. the contractor in that case is alleged to have suffered damages for idle labour and due to escalation of prices of ..... on january 8, 1985, by d.p. wadhwa, j. and the other given in suit no. 2399-a/85, m/s associated hybilds (p) ltd. vs indian oil corporation limited, decided on october 15, 1987, by b.n. kirpal, j.. in the case of uttam singh duggal (supra) the contractor has put up the .....

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Oct 28 1991 (HC)

Oriental Bank of Commerce, New Delhi Vs. M/S. S.R. Kishore and Co. and ...

Court : Delhi

Decided on : Oct-28-1991

Reported in : AIR1992Delhi174; ILR1992Delhi812

..... no. 1 even then he is liable to pay the amount claimed on the basis of principle of holding out as contained in section 28 of the partnership act.it is in the following words:'28. holding out - (1) any one who by words spoken or written or by conduct represents himself, or knowingly ..... proper to examine the relevant provisions of law before embarking upon a detailed discussion of law and evidence. section 18 of the partnership act provides, 'subject to the provisions of the said act a partner is an agent of the firm for the purposes of the business of the firm'. section 19 of the ..... fate of the present suit, and have given my anxious thoughts thereto. section 6 of the partnership act deals with the mode of determination of existence of partnership. it is in the following words: '6. mode of determining existence of partnership :-- in determining whether a group of persons is or is not a firm, or whether ..... partnership act deals with the implied authority of a partner as an agent of the firm. it runs as under:'subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, ..... his actions by a letter or a notice to the plaintiffbank. in the circumstances stated above the inevitable conclusion is that the partnership agreement is a genuine and real document and the same was acted upon and is not a sham and bogus transaction. issue no. 4 is decided accordingly.13. this brings me to .....

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Dec 31 1991 (TRI)

Wandrobes and ors. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Dec-31-1991

Reported in : (1992)(42)LC86Tri(Delhi)

..... the ratio of the case diamond engineering and trading corporation (supra) will apply because this is not a case of clubbing of clearances of a partnership and of a proprietory concern but of two proprietorship firms in the name of the husband and wife where the husband by consent controlled the operation ..... he did all the work of his wife because his wife is not technically qualified and facing a lot of trouble after the dissolution of the partnership. the collector in his order had also found from the correspondence made between m/s. lotus chemical industries and other parties that shri bhattacharya has ..... (16) ecr 227, that "there is nothing in law to prevent close relations of partners of one firm forming themselves into a separate and distinct partnership even for the purpose of carrying on the same type of business. unless there is some proof that the finances of the 2nd firm flowed out of ..... of rs. 7.5 lakhs, without payment of duty.the court's judgment and decisions of board quoted by the parties is related with 'manufacture', partnership etc. and none of the cases quoted by them is relevant to the instant case which speaks of the usage of the same machineries/factory by ..... supra). the bench examined the question of the definition of manufacturers as given in section 2(f) of central excises and salt act, 1944 and in this connection has held that indian metal industries and aurofood said to have engaged in the production of manufacture of tin cans. this finding has been given on the .....

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Sep 26 1991 (TRI)

Sohan Lal Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Sep-26-1991

Reported in : (1992)(59)ELT431TriDel

..... to hire b-38, nizamuddin west, or to purchase goods worth rs. 3.84 lakhs, which were recovered from those premises. he further stated that the indian currency worth rs. 50,000/- seized from the appellant's residence was not released to him, but was taken over by the income tax authorities under ..... the time of search, the goods recovered from all the four places were seized under the customs act.4. the appellant, in his statement, stated that since 1983 he has been doing business of blank video cassettes in partnership with his brothers-in-law at shop no. 257, palika bazaar under the name and style ..... consisting of video cassette (national 300 along with a remote control) of japan origin valued at rs. 4200/-, 3 empty cartons of vcr model nv 300 and indian currency amounting to rs. 50,000/- and some documents.the search of b-38, nizamuddin west, rented out in the name of shri rajesh suneja, brother ..... of doubt. the circumstances do indicate that the appellant was found in possession of foreign goods which were notified goods under chapter iva of the customs act and in respect of which he had contravened the provisions of law.11. the facts on record show that 7 video cassette sets along with 7 ..... the principles of natural justice, the impugned order confiscating the goods seized from all the four places under sections 111(d) and 111(p) of the customs act, 1962 was passed and a penalty of rs. 50,000/- was also imposed on the appellant.6. shri m. ganesan, the learned advocate, for the .....

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Sep 17 1991 (HC)

Ansal Properties and Industries Pvt. Ltd. Vs. Anand Nath and ors.

Court : Delhi

Decided on : Sep-17-1991

Reported in : ILR1992Delhi540

..... time executed four documents which are described in the main document, copy of which is ex.d 12. these were the aforesaid lease deed, partnership agreement) an affidavit by late dr. raghunath and a power of attorney by him in favor of chiranji lal and slishil ansal, chairman and director ..... interim application under order 39 rules i and 2 read with section 151 civil procedure code for an ad interim relief. there were two defendants, namely.. a partnership firm engaged in the business of engineering and building contracts and its managing partner. prior to the filing of this suit, the defendants had filed ..... terms of the aforesaid agreement are then detailed in para b of the written statement. further on 22-3-71 documents purporting to be a partnership agreement, a power of attorney and another document purporting to be a lease deed were executed in terms of the earlier agreement dated 18-3 ..... entered into an agreement with dr. raghunath regarding 27 kgm for construction of a cinema cum multi-storeyed super-structure thereon. a power of attorney and partnership agreement were also executed. under the aforesaid agreement the plaintiff paid rs. 1,46.0001- to dr. raghunath by bank draft no. 001997/2 ..... of the suit is substantial and not just peripheral.'(36) the matter may be looked at from the angle of section 91 of the indian trusts act also which provides that where a person acquires property with notice that another person has entered into an existing contract affecting that property, of .....

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Apr 16 1991 (HC)

Union of India Vs. Kailash Chand Gian Chand Jain

Court : Delhi

Decided on : Apr-16-1991

Reported in : 1991(2)ARBLR378(Delhi); 44(1991)DLT744

..... suits were tried as ordinary suits. on the pleadings of the parties, following issues were framed :- 1. whether the plaintiff is duly registered under the partnership act and the suit has been filed by a registered partner 2.whether notice u/s. 80 civil procedure code was served by the plaintiff before filing the present suit ..... under the lien referred to supra and duly notified as such to the contractor. for the purpose of this clause, where the contractor is a partnership firm or a limited company the railway shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in ..... another, : (1986)iillj171sc , to contend that clauses 52 and 52-a should be struck down being illegal and void under section 23 of the contract act. as noted above, no issue was raised on this question and it is too late in the day to contend that these clauses are unconscionable after the ..... due and payable or not....'(8) we may, however, note that the supreme court was dealing with the provisions of section 41 of the arbitration act and so was also the full bench of this court in mohan meakin's case. thus, considering the clauses 52 and 52-a it is apparent ..... november 25, 1985. both the suits were accordingly stayed. after the conclusion of the proceedings relating to third contract filed under. section 20 of the arbitration act, the award was given and it so happened that the arbitrator not only rejected the claim of the defendant-union of india but also awarded an amount .....

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May 30 1991 (HC)

Chiranji Lal and anr. Vs. Bhagwan Das and ors.

Court : Delhi

Decided on : May-30-1991

Reported in : AIR1991Delhi325

..... shown as a partner or in any way interested in the said business and no entry could be found from the account books of the said partnership business showing that any amount had been withdrawn by chiranjilal or any amount bad been contributed towards the construction of the house he admitted that he ..... in damage to the account books but the income-tax record was not damaged. he was confronted with some entries from the account books of the partnership firm of defendant no.1 and defendant no. 3 that certain entries appear in those account books and most of the entries were denied by him ..... said business and since then defendant no. 1 alone is carrying on the business in the said shop. he has also deposed that in 1968 a regular partnership deed was also executed between defendant no. 1 and defendant no. 3 in respect of the said joint business and later on a dissolution deed was ..... shop and had contributed squally to the earnings of the family and for the sake of his own convenience, plaintiff no i had got executed a partnership deed between defendant no. i and defendant no. 3 with respect to the shop of r k puram but the profits from the said shop were ..... contribution made by them towards requiring of the property in question. judgments which are not inter parties could be relevant and admissible under various provisions of the indian evidence act. in lakshman govind v. amrit gopal, (1900) jlr 24 bor 591, it was held that judgments not inter parties, though not conclusive as rest judicata .....

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