Court : Delhi
Decided on : Aug-25-1999
Reported in : 1999VAD(Delhi)574; 81(1999)DLT937; 1999(51)DRJ156
..... judgment in smt. premlata's case (supra) has already been extracted above. prior to laying down the proper interpretation of the words 'other proceedings' in section 69(3) of the indian partnership act i.e. whether these words had to be construed ejusdem generis or not, the supreme court had made the following observations which appears to have not been given its complete ..... to be by consent of the parties and (ii) that section 69(3) of the indian partnership act, 1932 operated as a bar to the petition because the partnership was not registered. as there was a divergence of opinions in respect of the consequences of section 69 of the indian partnership act, the case was referred to a third learned judge and the majority decision was to ..... section 8(2) of the arbitration act. it was in these circumstances that this vexed question of law ..... the effect that this section of the partnership act did not bar the entertainment of an application under .....Tag this Judgment!
Court : Delhi
Decided on : Aug-12-1999
Reported in : 1999VIAD(Delhi)640; 82(1999)DLT277; 2000(52)DRJ30
..... copy of form-a. 2. in view of the pleadings of the parties an issue was also framed to the effect as to whether the plaintiff is a partnership firm and registered under the indian partnership act, and whether the present suit is instituted by a duly authorised person. the suit was listed before the trial court for recording evidence of the respondent-plaintiff ..... that if a suit is instituted by a unregistered firm such a suit is barred under the provisions of section 69 of the indian partnership act. however, if the suit is instituted by a firm which is not an unregistered partnership firm but a proprietorship firm, the suit is maintainable and could be proceeded with. it is established from the record that on ..... and, thereforee, the suit is not maintainable in view of the provisions of section 69 of the partnership act. in the replication also the plaintiff reiterated the stand that the plaintiff is a registered partnership firm and is duly registered under the provisions of indian partnership act. it was stated in the said replication filed by the respondent-plaintiff that the certified copy of the ..... form-a to prove the registration of the partnership is not available with the plaintiff and that the plaintiff has applied .....Tag this Judgment!
Court : Appellate Tribunal for foreign Exchange New Delhi
Decided on : Sep-16-1999
..... shall be sleeping partners only. unless there is an express agreement, every partner is authorised to take part in the business of the partnership firm under section 19 of the indian partnership act, 1932. therefore, the impugned order is liable to be sustained. 7. it is on record that the appellant-firm has sent few ..... stating that they are sleeping partners and the appellant in appeal no. 245 of 1992 is managing partner and (3) letter intimating registration of the partnership firm addressed to the name of the appellant in appeal no. 245 of 1992. thus, a stand has been taken that the appellant harkirat singh ..... had been working as managing partner and was looking after day-to-day business and affairs of the partnership firm whereas other appellants were merely sleeping partners. also, there is evidence available on record to this effect that the total correspondence on behalf of ..... certificate of foreign inward remittance dated 1-9-1989 certifying that us $ 1,500 was received by the bank on account of partnership firm but the same was not accepted by the adjudicating authority due to non-application of mind, and (4) that the appellant chhabra handicrafts is a ..... buyer, (2) that the appellant sent various fax message and managing partner (appellant in appeal no. 245 of 1992) met the buyer personally on his indian visit to impress upon him the immediacy of remitting the export proceeds, (3) that the appellants banker, i.e., bank of india, moradabad, gave a .....Tag this Judgment!
Court : Delhi
Decided on : Mar-12-1999
Reported in : 1999IIIAD(Delhi)598; 1999CriLJ4276; 79(1999)DLT153; 1999(49)DRJ642; 1999RLR438
..... these questions are set out as under:- '(a) the first one being whether the suit is liable to be dismissed in view of section 69 of the indian partnership act, partnership being unregistered on the date of filing of the suit and in case the suit is to be dismissed. (b) the second question would be whether the ..... not registered on 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.' 6. it was urged by the petitioner before the high court that at least rs. 25.40 lakhs, i.e. . (rs. 32.40 lakhs less ..... to sell the goods and to appropriate the sale proceeds. 7. the learned single judge while dismissing the suit on the ground of non-registration of the partnership, issued following directions; '...plaintiffs are also directed to take out an fdr from a nationalised bank in the sum of rs. 25.40 lakhs in the ..... observed: '... insofar as the first point concerned, mr. sahai, learned counsel for the plaintiff fairly conceded that the suit is liable to be dismissed as the partnership was not registered on the date of institution of the suit. the position in law is that where the suit is filed by the partners it shall be ..... second respondent is the wife of the first respondent. she does not seem to have played any active role in all these transactions and events. as an indian wife, dutiful and obedient, she seems to have only followed the dictates and desires of her husband. in the process she has done no more than .....Tag this Judgment!
Court : Delhi
Decided on : Jul-02-1999
Reported in : 2001ACJ1748; 1999IVAD(Delhi)740; AIR1999Delhi349; 80(1999)DLT412; 1999(50)DRJ446; ILR1999Delhi38
..... the consignment of goods to the plaintiff. it was also contended that the defendant was protected under section 77(2) of the indian railway act, 1890. the civil court framed the following issues:- 1. whether the plaintiff is a registered partnership firm and the plaint is signed & verified and instituted by a registered partner? 2. whether the goods worth rs. 17,111 ..... 152 and 161 of the indian contract act, 1872,for the loss, destruction, damage, deterioration or no delivery of goods carried by railway within a period of seven days after the termination of transit: provided that where ..... or non-delivery of goods carried by railway arising after the expiry of the period of seven days after the termination of transit period. for convenience section 77 of the indian railways act, 1890 is extracted below:- '77. responsibility of a railway administration after termination of transit- (1) a railway administration shall be responsible as a bailee under sections 151, ..... realisation. 6. the main contention raised on behalf of the appellant is that through the appellant/defendant was entitled to the protection under section 77(2) of the indian railways act,1890 the tribunal wrongly held that the said provisions were not attracted to the present case. having considered the arguments of the learned counsel for the parties and the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Dec-08-1999
Reported in : (1999)(115)ELT238TriDel
..... that to read the definition of the word 'person' occurring in section 3(42) of the general clauses act, 1897 into section 4 of the partnership act will be totally repugnant to the subject of partnership law. further we find that the indian merchants can secure registration of their brand names in foreign countries and similarly in certain circumstances foreign merchants could secure ..... registration of their brand names in india.section 131 and 132 of the trade and merchandise act, 1958 are extracted below ..... are not competent to enter into a contract. they cannot enter into a contract because not that they are not persons but because of their incapacity. section 11 of the indian contract act reads as under : - "section 11. who are competent to contract - every person is competent to contract who is of the age of majority according to the law ..... that matter, to section 5a of the act. such a person, therefore, would not fall within the purview of the aforesaid expression " another person who is not eligible...this notification". the inevitable result is that the taboo contained in para 7/4 cannot be extended to indian small scale manufacturers' specified goods affixed with brand names/trade names of persons .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-08-1999
..... by the assessee against the order dt. 8th january, 1999 of cit(a), dehradun, pertains to the asst. yr.1995-96.2. the assessee is partnership firm consisting of boskalis international b.v. (bki) and holland annemingamatt shapig netherland incorporated on 24th november, 1993, in netherlands with limited liability.3. the ..... 271(1)(c) of the act for concealment of income and for furnishing inaccurate particulars of income.8. the learned cit(a) disposed ..... s. 49e can be reconciled with ss. 228 and 229 by holding that s. 49e applies when insolvency rules do not apply." 29. in cit vs. indian molasses co. (p) ltd. (1989) 176 itr 473 (cal), it was held that when there is a general enactment as well as a special enactment ..... provision".28. similarly, in meteor satellite ltd. vs. ito (1979) 121 itr 311 (guj), this principle was followed. again, in union of india & anr. vs.indian fisheries (p) ltd. (1965) 57 itr 331 (sc) it was held at p. 334 : "the effect of these statutory provisions is, inter alia, that an unsecured ..... appellant maintained a pe in india in accordance with the provisions of the indian netherlands dtaa. (3) in applying the tax rate applicable to a foreign company to the appellant v.o.f. instead of the tax rate applicable to a partnership firm. (5) in initiating penalty proceedings against the appellant under s. .....Tag this Judgment!
Court : Delhi
Decided on : Apr-16-1999
Reported in : 1999IVAD(Delhi)385; 80(1999)DLT654
..... notice was to be served 'on the drawer of the cheque'. in the present case, the drawer is a partnership firm acting through one of its partner. section 141 of the act is a deeming provision holding every person who was in charge of and was reasonable to the company for the conduct ..... 2 is also a member of the delhi stock exchange association ltd.' these assertions indicate that prima facie both the accused have been partners of the partnership firm and are responsible for the conduct of the business of the accused firm. prahlad rai jain, petitioner no. 2 is a authorised signatory as ..... in the right of the observations of the supreme court in m/s. electronics trade and technological development corp. ltd. secundrabad v. m/s. indian technologist and engineers 1996 jcc 155 supra. accordingly on the basis of the language of clause (b) of proviso to section 138, one finds it ..... has to take note of the following observations of the supreme court in m/s. electronics trade and technology development corporation ltd. secundrabad v. m/s. indian technologists and engineers (electronics) p. ltd. and anr. 1996 jcc 155 (supra):'shri nageshwara rao, learned counsel appearing for the respondents contended that stoppage ..... by an agreement made with that bank'.9. the supreme court in m/s. electronic trade and technology development corp. ltd. secundrabad. v. m/s indian technologists and engineers (electronics) p. ltd. & anr. 1996 jcc 155 has held that once the cheque had been drawn and issued to the payee .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-08-1999
Reported in : (2000)72ITD1a(Delhi)
..... exchange. after the share-broker's death, such joint shareholder will be deemed to be registered share-holder by survivorship. under article 31, the shareholder has right to enter into partnership with any number of his near relations, who are all enumerated in the said article, without their acquiring individual membership of the exchange and the qualifying share of dse. such ..... its partners or members, shall be allocated amongst them in the proportion of their capital contribution. according to clause (ii), the residue is allocated in accordance with the agreement of partnership or association for the distribution of assets in the event of dissolution and in the absence of any such agreement, in the profit-sharing ratio.sum total of amounts allocated ..... be considered sufficient to qualify the constituent member as member of the exchange.shri bajpai pointed out that three significant points emerge from out of the provisions allowing formation of partnership : (1) close relations is eligible for membership in all respects, provided that he possesses all the qualifications which are required for becoming a member, (2) the only concession provided ..... same into effect with full powers nevertheless at any time and from time to time to agree to any modification thereof subject to the provisions of section 99 of the indian companies act, 1913. the authorised share capital of the dse was rs. 8,00,000 divided into 400 shares of rs. 2000 each.12. the learned standing counsel continuing his .....Tag this Judgment!
Court : Delhi
Decided on : Sep-13-1999
Reported in : 1999VIAD(Delhi)340; AIR2000Delhi377; 82(1999)DLT137
..... proceedings. for this reason, it has long been recognised that the effectiveness of the arbitral process is dependent upon a certain level of co-operation, sometimes described as a 'partnership,' between arbitration and the courts. such a relationship can only be regulated by the national law of the state in which the arbitration is to be conducted, or in ..... of the malaysia courts with respect to arbitration at klrca is confined solely to the enforcement of a klrca award. accordingly, the procedural law applicable to the arbitration is the indian arbitration act. further rule 26(3) of rules of arbitration of klcra provides expressly as follows : '26(3)' a request for interim measure addressed by any party to a ..... .99, and in particular, since 25.2.1999. 67. he also placed reliance on the following judgments to strengthen his submissions southern chemical works vs . mohamed hussain fakruddin maniar : air1970bom128 , indian oil corporation limited vs . amritsar gas service and others; : (1991)1scc533 , classic motors limited vs . maruti udyog limited; : 65(1997)dlt166 . 68. mr. chidambaram has also cited a ..... rights of the petitioners. he submitted that the respondents are located within the jurisdiction of this court. mr.desai also submitted that all marriott agreements are governed by the indian laws. agreements contain an express provision that either of the parties to the agreements may seek injunctive relief in any court of competent jurisdiction. he particularly relied on articles .....Tag this Judgment!