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Judgment Search Results Home > Cases Phrase: indian partnership act Court: gujarat Year: 1991 Page 1 of about 8 results (0.016 seconds)

Apr 09 1991 (HC)

Haresh Kantilal Vora Vs. the Competent Authority and Additional Collec ...

Court : Gujarat

Decided on : Apr-09-1991

Reported in : AIR1993Guj41

..... different treatement has nexus with the object to be achieved. if an individual wants to do business in the land by forming a partnership, such partnership will be a 'person' as defined under the act. partnership as per the provisions of the indian partnership act, 1932 means the relationship between persons who have agreed to share the profits of business carried on by all or any. of ..... them acting for all. be it noted that the definition of the partnership as per the provisions of the indian partnership act, 1932 speaks of relationship between the persons and not between individuals. again such relation comes into existence by agreement with an object ..... to share profits of business. therefore, individuals/partners who want to carry on the business in the land and who forms partnership for this purpose cannot be ..... . 3. that one co-owner can without the consent of the other, transfer his interest, etc. to, a stranger. a partner cannot do this. 4. in a partnership each partner acts as a agent of the other. in a co-ownership one co-owner is not as such the agent, real or implied, of the other.' the observations made by the .....

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Sep 20 1991 (HC)

Commissioner of Income-tax Vs. Yoganand Textiles

Court : Gujarat

Decided on : Sep-20-1991

Reported in : [1993]202ITR869(Guj)

..... would stand on the same footing as any other partner and cannot charge the co-partners with any sum in shape of salary or commission. (see indian partnership act by pollock and mulla, fifth edition, at page 47). it appears to us that section 40(b), on its plain reading, does not envisage ..... person who is a partner were to fall outside the scope of the above provision. 8. the provisions of section 12 and 13 of the indian partnership act which deal with relations of partners to one another, inter alia, provide that subject to contract between the partners, each partner is bound to ..... disallowed and that they permissible deductions in computing the income of the firm. the high court, after referring to the relevant provision of the partnership act, held that every partner is bound to attend diligently to his duties in the conduct of the business and is not entitled to receive remuneration ..... of any expenditure incurred by the firm for doing its work through persons other than partners. the partnership acts through its partners and, therefore, when partners get work done of the partnership firm or for the partnership firm, the expenditure which is deductible ought to be deducted and it is only the real ..... obliged to do under the terms of the contract of the statutory provisions, is the work which is in effect done by the partnership firm itself, the partner acting as its agent. therefore, whatever expenditure is incurred by the partner in respect of such work done for the firm, cannot be .....

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May 01 1991 (HC)

Ajanta Exhibitors Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : May-01-1991

Reported in : (1992)1GLR136

..... the abovereferred petitions by this common judgment.2. the above referred question arises for consideration in the following facts:the petitioner in each petition is a partnership firm registered under the provisions of indian partnership act, 1932, and is carrying on business of taking cinema films on hire basis, exhibiting the same, taking theatres on rental basis, constructing theatres etc. ..... in the case of hukam chand (supra), he was allotted certain agricultural lands situated in an urban area under the provisions of the displaced persons (compensation and rehabilitation) act, 1954. subsequently rule 49 of displaced persons (compensation and rehabilitation) rules, 1955 was amended and explanation was added to it and the amendment was given retrospective effect. ..... tenants. from the said judgment it becomes clear that the rights of the tenant were recognized and protected by the provisions of the bombay tenancy and agricultural lands act, 1948 itself and not by notification and therefore the said valuable rights which conferred statutory status to individuals could not have been taken away retrospectively by the ..... that the recession of prior notification and substitution of it by another notification tentamounts to repeal of prior notification and therefore consequences of repeal under the general clauses act, would apply, and therefore the respondents were not justified in collecting the duty as regards unexpired period of five years in respect of cinema houses and theatres .....

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Aug 07 1991 (HC)

Harish Weaving Industries Vs. Commissioner of Income-tax

Court : Gujarat

Decided on : Aug-07-1991

Reported in : [1992]194ITR274(Guj)

..... : [1969]71itr463(cal) in which it was held that it was not permissible to break the periods of the accounting year and to allow piecemeal registration of the instrument of partnership under section 26a of the indian income-tax act, 1922, is no longer good law. the observation of the calcutta high court that one would normally think that the instrument of ..... not warranted from the passage set out therein which is as follows (headnote) : 'the words 'constituted under an instrument of partnership' in section 26a of the income-tax act include not only firms which have been created by an instrument of partnership but also those which may have been created by word of mouth but have been subsequently clothed in legal form by ..... was not satisfied that there was a genuine firm in existence with the constitution as specified in the instrument of partnership dated december 28, 1971 and, accordingly, he refused registration to the firm in terms of section 185(1) of the said act. 3. the appellate assistant commissioner negatived the alternative plea which was put up before him that even if chhotalal ..... partnership must be in existence for the whole of the accounting year and not for a part of the accounting year, which is sought to be inferred from the observations of .....

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Apr 23 1991 (HC)

Euro India Investments Ltd. and anr. Vs. Cement Corporation of Gujarat ...

Court : Gujarat

Decided on : Apr-23-1991

Reported in : [1993]76CompCas691(Guj); (1992)1GLR329

..... revival of the company a new joint sector partner should be selected in such a way that he culture and ethos of the joint sector partnership in the state of gujarat. he has further opined that only financial commitments should not be taken into consideration. 21. considering the aforesaid ..... his opinion, the important issue was the compatibility of the joint sector partner and his understanding of the culture and ethos of the joint sector partnership in the state of gujarat. this letter was written by the chairman of the giic and respondent no. 1 to the chief secretary, government ..... allotted within four weeks thereafter. respondent no. 1 shall immediately make arrangements for repaying the bridge loan of rs. 2.70 crores received from the indian bank as stated earlier from the aforesaid amount. the necessary application forms shall be given to the petitioners or their nominees by the respondent no. ..... the rights issue, and allot shares for the amount which was received towards satisfying the bridge loan of rs. 2.70 crores received from the indian bank with all incidental charges, etc., immediately;' 12. pending hearing and disposal of this petition, by taking out a judges summons, the petitioners ..... reimbursement thereof by shpl will also fall within the purview of section 77(2) of the companies act, 1956 2.1. the querist company has already received the amount of rs. 270 lakhs from the indian bank which has been reported to have been arranged by the shpl, an associate company of the .....

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Jun 20 1991 (HC)

Jaswantrai P. Mehta Vs. Commissioner of Income-tax

Court : Gujarat

Decided on : Jun-20-1991

Reported in : [1991]192ITR577(Guj)

..... . 2029, which ended on october 26, 1973. the assessee, as karta of his hindu undivided family, is a partner in messrs. c. prabhudas and co., a partnership firm. the assessee has an account with the firm of c. prabhudas and co. in his individual capacity also. he had borrowed money from c. prabhudas and co ..... to accept this contention. as already observed above, the reasons which the supreme court has given in the context of section 9(1)(iv) of the indian income-tax act, 1922, apply with equal force while considering the allowability of expenditure under section 57(iii) in a case like that of the assessee. the assessee ..... court. 8. it is true that the above decision which the supreme court has given is in the context of section 9(1)(iv) of the indian income-tax act, 1922. but, in out opinion, the reasons, given by the supreme court while rejecting the assessee's claim in that case will apply with equal ..... that part of interest on which he had agreed to pay interest. that was not the capital taken note of by section 9(1)(iv) of the indian income-tax act, 1922. the supreme court further observed that, if the assessee's contention was correct, then the door will open for evasion of tax. it was ..... arose before the supreme court was whether, on a true construction of the words 'interest payable on such capital' in section 9(1)(iv) of the indian income-tax act, 1922, the amount of interest allowable was rs. 18,000 or rs. 38,221. in other words, the question which arose before the supreme court .....

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Nov 19 1991 (HC)

Laxmi Steel Company Vs. Collector of Customs

Court : Gujarat

Decided on : Nov-19-1991

Reported in : 1992(62)ELT690(Guj)

..... based solely on the ground that in the facts of the case the ship cannot be said to have been imported. on account of the sea-storm is drifted to indian water and has landed at sea-board of village vasi-bordi. therefore, it is contended that there is no import and hence there cannot be any import duty. however in ..... view of the provisions of section 21 of the customs act, 1962 which inter alia provides that all goods derelict, jetsam, flotsam and wreck brought or coming into india shall be dealt with as if they were imported into india, the ..... no customs duty is chargeable on the vessel. it was also submitted that duty if at all could be levied would be under heading no. 89.04 of customs tariff act, 1975 and that there is no other heading in which the articles sold to the petitioner would fall. item no. 89.04 reads as follows :- '89.04 : ships, boats and ..... a.p. ravani, j.1. the petitioner is a partnership firm. an egyptian vessel named 'al madina' was involved in a sea-storm some time in june 1976 and it was found at the sea-board of village vasi-bordi, .....

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Nov 19 1991 (HC)

Laxmi Steel Company Vs. Receiver of Wreck and Sub-divisional Magistrat ...

Court : Gujarat

Decided on : Nov-19-1991

Reported in : (1992)2GLR1143

..... solely on the ground that in the facts of the case the ship cannot be slid to have been imported. on account of the sea-storm it is drifted to indian water and has landed at sea-board of village vasi-bordi. therefore, it is contended that there is no import and hence there cannot be any import duty. however in ..... view of the provisions of section 21 of the customs act, 1962 which inter alia provides that all goods derelict, jetsam, flotsam and wreck brought or coming into india shall be dealt with as if they were imported into india, the ..... that no customs duty is chargeable on the vessel. it was also submitted that duty if at all could be levied would be under heading no. 8904 of customs tariff act, 1975 and that there is no other heading in which the articles sold to the petitioner would fall. item no. 89.04 reads as follows:89. 04: ships, boats and ..... a.p. ravani, j.1. the petitioner is a partnership firm. an egyptian vessel named 'a1 madina' was involved in a sea-storm some time in june 1976 and it was found at the sea-board of village vasi-bordi, .....

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