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Judgment Search Results Home > Cases Phrase: indian partnership act Court: gujarat Year: 1994 Page 1 of about 9 results (0.029 seconds)

Jan 25 1994 (HC)

Parmanand Vadilal Vasani and anr. Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Jan-25-1994

Reported in : AIR1994Guj206; (1994)2GLR1634

..... at annexure h to this petition.3. it appears that the competent authority remained totally ignorant of the relevant provisions contained in the indian partnership act, 1932 ('the partnership act' for brief). the position of law emerging therefrom would be that, when a partnership consists of only two partners, on the death of either partner, the firm automatically stands dissolved as there could not be a ..... remain undivided.4. the appellate authority appears to have misdirected himself by erronneously holding that, since the partnership was not registered under the partnership act, its existence could not be recognised. i wish the appellate authority had kept in mind the relevant provisions contained in section 69 of the partnership act before reaching such erroneous conclusion. it is needless to say that registration of a ..... partnership firm thereunder is not compulsory. such registration enables the partnership firm to file a suit with respect to certain transactions connected with the contract with the .....

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Mar 21 1994 (HC)

Ganpati Salt Works and anr. Etc. Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Mar-21-1994

Reported in : AIR1995Guj61; (1994)2GLR1697

..... case, there is clear breach of the conditions and the respondent was, therefore, entitled to terminate the lease in respect of the plots in question.11. section 14 of the indian partnership act, 1932 reads as under :--'14. property of the firm. -- subject to contract between the partners, the property of the firm includes all property and rights and interest in property originally ..... defendants 10 to 14 and defendants 1 to 9 equally. in these facts of the case, the supreme court interpreted the provisions of section 14 of the partnership act holding that the whole concept of partnership is to embark upon a joint venture and for that purpose to bring in as capital money or even property including immovable property. once that is done ..... ), it cannot be concluded that the leasehold right in respect of the plots in question would be the, partnership properties, within the meaning of section 14 of the partnership act. in the facts of the case, the financial partner permitted to be inducted in the partnership was with a limited purpose of rendering financial assistance to the business of manufacturing sale etc. and that ..... . the partnershipfirm was, therefore, entitled to be in possession and enjoyment of the said partnershipproperty in accordance with section 14 of theindian partnership act, 1932.9. on careful consideration of the materials on record, i do not find any merit in the submission of mr. shah. under clause 11 of the lease agreement entered .....

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Jul 22 1994 (HC)

Naranbhai Amthalal Panchal Vs. Ramchandra Somnath

Court : Gujarat

Decided on : Jul-22-1994

Reported in : (1995)1GLR354

..... and interest in property acquired with money belonging to the firm are deemed to have been acquired for the firm.' in view of the provisions of section 14 of the indian partnership act, it is clear that the shed in question was acquired by the firm as admittedly rs. 11,403/- have been paid by the firm which is found from the books ..... shed in question belongs to the firm not to any individual. not only that the case at benami transaction not been pleaded before the trial court. section 14 of the indian partnership act, 1932 deals with the property of the firm. it reads as under : 'subject to contract between the partners, the property of the firm includes all property and rights and interests ..... or transfer takes place; not is there any extinguishment of the interest of other properties in the allocated property. this is clear from reading section 46(b)(iii) of the indian partnership act. 1932. the supreme court in the case of s. v. chander pandian (supra) has taken the same view and hold that arbitration award directing dissolution of the ..... s. v. chandra pandian v. s. v. sivalinga nadar, (1993) 1 scc 569). the supreme court held that on dissolution of a partnership, distribution of residue among partners after settlement of account in terms of section 48 of the partnership act is to be treated as distribution of movable property and does not result in partition, transfer or extinguishment of interest so as .....

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Jul 20 1994 (HC)

Dada Silk Mills and ors. Vs. Indian Overseas Bank and anr.

Court : Gujarat

Decided on : Jul-20-1994

Reported in : [1995]82CompCas35(Guj); 1994CriLJ2874

..... of the negotiable instruments act, 1881. the case of the complainant in the complaint was that accused no. 1 was a partnership firm of which accused nos. 2 and 3 were partners. the accused has accepted hundis drawn by prakash tej udyog a customer ..... the aforesaid fact situation that the division bench of the kerala high court was required to decide as to whether the complaint under section 138 of the act, read with section 420 of the indian penal code was required to be quashed under section 482 of the criminal procedure code, 1973, on the ground that no offence was made out. the division bench of ..... creditor itself is sufficient to infer dishonest intention on the part of the drawer of the cheque and, therefore, issuance of process under section 138 of the act read with section 420 of the indian penal code, was just and proper and interference by this court is not called for. they have also invited the attention of this court to cases in ..... judgment, the facts of miscellaneous criminal application no. 117 of 1992 are stated and the facts in all the cases are more or less identical. 3. it appears that the indian overseas bank, the original complainant - instituted criminal complaint no. 4160 of 1991 in the trial court against the petitioner-accused for offences punishable under section 138, read with section 141 .....

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Dec 07 1994 (HC)

Hotel Natraj Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Dec-07-1994

Reported in : (1995)2GLR1381

..... heading of 'fixed charges' and are also not entitled to levy electricity duty on ad valorem basis.5. some of the petitioners are companies registered under the companies act, some others are partnership firms, and the rest of them are managers of reputed hotels. their business of running hotels in the city of ahmedabad, has been approved by the tourism department ..... under different heads of fixed charge, fuel surcharges and electricity duty levied on the total amount of all charges. it is vaguely alleged that a licensee under the indian electricity act should not be permitted to make huge profits in its monopolistic activity of supplying electricity which is a public utility service. it is further alleged that the petitioners have ..... the prayer made in para 23(a) relates to recovery of electricity charges exceeding the maximum prescribed under the licence granted to respondent no. 2 under the provisions of the indian electricity act, 1910. according to the petitioners respondent no. 2 would be bound to comply with condition no. 9 in the licence granted by the state government on 29th november, ..... charges, fuel surcharge and excise duty, which, according to the petitioners, exceeds the maximum prescribed under the licence granted to the respondent no. 2 under the provisions of the indian electricity act. the petitioners have stated that every month they are receiving bills for consumption of electrical energy from respondent no. 2 which include energy charge, fuel charge, excise duty and .....

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May 04 1994 (HC)

Alkesh Subodhchandra Shah Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : May-04-1994

Reported in : (1994)2GLR1481; [1995]212ITR255(Guj)

..... offence for having more than one financial year. the important aspect to be noticed is that the assessee had income from his share of the partnership business only and that even if the assessees had some other income in previous years, it could not have been said that they had changed ..... may have different previous years in respect of separate sources of his income and under section 3(1)(f) of the act, where an assessee is a partner in a partnership firm and the firm has been assessed as such, then, in respect of the assessee's share in the income of ..... urge that, looking to the provisions contained under section 44aa and the provisions in chapter 16 of the act, it is clear that when the petitioner-accused-assessee had only income from the partnership business he was not required to maintain any account books and that the view taken by the court below ..... the provisions contained under section 44aa and the provisions contained under chapter xvi of the act of 1961. these provisions would go to show that the income of the respective petitioner-assessees, being the income from the partnership business, the maintenance of the account books by them under section 44aa could not ..... and the necessary assessment orders have been made, on october 29, 1984. the assessee-accused had submitted the necessary return under the wealth-tax act and the assessment proceedings were also concluded. in this case also, no penalty proceedings were initiated by the department either on the count of concealment .....

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Nov 14 1994 (HC)

In Re: Mafatlal Industries Ltd.

Court : Gujarat

Decided on : Nov-14-1994

Reported in : [1995]84CompCas230(Guj)

..... clause 13 of the memorandum of association of mf and clause 44 of the memorandum of association of mil, there is power to enter into partnership or any arrangement for sharing profits or amalgamation. it is also noticed that over the years both mil and mf have adopted a similar course ..... in this context that the winding up petition was filed. while examining the question as to whether the principle applicable in the case of dissolution of partnerships should be applied or not, the apex court made reference to a number of english decisions which were cited. however, it noted that there is ..... up of a private limited company. the question before the court was as to whether the principles applicable in the case of dissolution of a partnership could be invoked in the case of a company. factually, it was noticed by the court that there was one group described as the rpj ..... the scheme but also at any time thereafter. such power is not conferred on english courts by statute nor was if conferred on indian courts under section 153 of the indian companies act, 1913. section 394(1) further-more authorises the court to make provision for those who dissent from the scheme. in our ..... controlling interest in different business concerns run through public limited or private limited companies and the members of the family were also partners in partnership firms. the pattern which was maintained throughout was that the two sons, navinchandra and bhagubhai, and their families would respectively have an equal interest .....

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Dec 19 1994 (HC)

R.A. Varma, Assistant Commissioner of Income Tax Vs. Laxmi Induction a ...

Court : Gujarat

Decided on : Dec-19-1994

Reported in : [1995]216ITR555(Guj)

..... penal liability. on this point, mr. kaji is surely treading on some stronger ground as there is indeed great substance as, to ask, over and above the partnership firm, all the partners to pay a fine 'equal to' the amount of the loan or deposit received by the firm, prima facie, would be quite unreasonable ..... view of the interpretation placed by this court on the expression 'shall also be liable to fine 'equal to' loan or deposit', the partnership firm shall have to pay the fine 'equal to' the amount of the alleged loan or deposit in question received by it, for which all the ..... only gives a right to impose a fine and that it does not prescribe any minimum punishment as contended. even in the provisions of s. 302 of the ipc, the phrase 'shall also be liable to fine' are found but it is always construed that it does not convey any mandate, but leaves it to ..... are indeed quite good at their respective places in the context and relation to the other word, phrase or expression used in the concerned section of the particular act. the same word, phrase or expression connotes altogether a different meaning when read in the context of different words, phrases or expressions. for example, if the ..... s. 276dd of the act. in this view of the matter, to the extent the magistrate has inflicted various amounts of fine upon the partners also, over and above the firm, the same to the said extent being ex facie illegal, requires to be quashed and set aside. so far as the partnership firm is concerned, in .....

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Dec 19 1994 (HC)

R. A. Varma, Assistant Commissioner of Income Tax Vs. Laxmi Induction ...

Court : Gujarat

Decided on : Dec-19-1994

Reported in : (1997)138CTR(Guj)35

..... penal liability. on this point, mr. kaji is surely treading on some stronger ground as there is indeed great substance as, to ask, over and above the partnership firm, all the partners to pay a fine 'equal to' the amount of the loan or deposit received by the firm, prima facie, would be quite unreasonable ..... view of the interpretation placed by this court on the expression 'shall also be liable to fine equal to loan or deposit', the partnership firm shall have to pay the fine 'equal to' the amount of the alleged loan or deposit in question received by it, for which all ..... gives a right to impose a fine and that it does not prescribe any minimum punishment as contended. even in the provisions of s. 302 of the ipc, the phrase shall also be liable to fine are found but it is always construed that it does not convey any mandate, but leaves it to the ..... are indeed quite good at their respective places in the context and relation to the other word, phrase or expression used in the concerned section of the particular act. the same word, phrase or expression connotes altogether a different meaning when read in the context of different words, phrases or expressions. for example, if the ..... s. 276dd of the act. in this view of the matter, to the extent the magistrate has inflicted various amounts of fine upon the partners also, over and above the firm, the same to the said extent being ex facie illegal, requires to be quashed and set aside. so far as the partnership firm is concerned, in .....

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