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Judgment Search Results Home > Cases Phrase: indian partnership act Court: guwahati Page 13 of about 132 results (0.024 seconds)

Jun 28 2007 (HC)

Smt. Avijeeta Mohanty Casshyap Vs. Commissioner of Income Tax and ors.

Court : Guwahati

..... the sister and brother-in-law, respectively, of the petitioner as well as one m/s women's clinic and nursing home at cuttack, a partnership firm of the aforesaid relatives of the petitioner. according to the petitioner, it is evident from the assessment orders for the block period in respect of ..... imposes certain restrictions on the exercise of power; the same would seem to indicate that the legislature had intended the power under section 127 of the act to be exercised sparingly and for good and sufficient reasons. the requirement of recording reasons and giving of prior opportunity, as contemplated by the statute ..... passed by the commission the cases of the relatives of the petitioner had attained finality in law under the provisions of section 2451 of the act and the same cannot be reopened. in this regard, sri goenka has specifically drawn the attention of the court to the orders of the ..... sri goenka, learned counsel for the petitioner have been short and precise. learned counsel has submitted that the power vested under section 127 of the act is a quasi-judicial power and though the contours of the said power cannot be entrapped within any set parameters, the reasons for exercise of ..... the aforesaid assessees, as enclosed to the writ petition, the said block assessments were completed under the provisions of the act in the months of october-november, 2000.3. the petitioner asserts that she received a notice dt. 28th sept., 1999 issued by the dy. cit .....

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Nov 06 2006 (HC)

Deoki Nandan Bajaj and ors. Vs. Luku Barman and ors.

Court : Guwahati

..... , whereafter siranjilal bajaj attorned to them as their landlord. on the death of siranjilal bajaj the petitioner no. 1/defendant no. 1 constituted a partnership along with his brother joy krishan bajaj and sister in law mrs. usha bajaj and carried on the business of grocery in the suit house. the ..... not preceded by any offer thereof to the landlord and refusal by latter are not inconformity with the imperatives of section 5(4) of the act and therefore are invalid and ineffectual. the same cannot thus be equated with an amount lying in deposit with the landlord following the concurrence ..... ought to have been examined by the high court. though under section 7(2)(a) of the andhra pradesh buildings (lease, rent and eviction) control act, 1960, the landlady was forbidden to receive any premium or other like sums in excess of the agreed rent, eviction on the ground of willful ..... 86 has been preceded by offer to and refusal thereof by the respondents plaintiffs, one of the pre essentials of section 5(4) of the act being unfulfilled, the learned court below rightly held the petitioners defendants to be defaulter in payment of rent. the learned senior counsel asserted that as ..... bonafide need for the premise which allegedly existed at the initiation of the suit did not subsist thereafter and therefore, the learned court below had acted illegally in exercise of its jurisdiction in deciding the related issue in favour of the respondents plaintiffs. the written arguments submitted on behalf of the .....

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Aug 04 2014 (HC)

M/s. Vijay Industries A Partnership Firm Represented by Partner Ajay B ...

Court : Guwahati

..... several infirmities in the order, under challenge. 3. the facts necessary for disposal of the present proceeding, in brief , are that m/s vijay industries, a partnership firm, engaged in the business of manufacturing of all kinds of edible oil, oil cakes, ghee, milk products and allied goods (hereinafter referred to as the 'said ..... liverpool and london s.p. and i association ltd v. m.v. sea success 1,(2004) 9 scc 512 has laid down the test for accepting and acting on such statement in the plaint and such test ?? is ?? whether a decree ,as prayed for, can be granted, if one takes the averments, made ..... on account of its website being accessible in delhi first, as bulk of the submissions have been advanced on this issue. section 134(2) of the act uses the expression "carries on business". the objective of inserting section 134(2) was to provide the plaintiff a convenient forum to file a suit for ..... and is rejected. we hold that he provisions of section 134 of the trade marks act, 1999 do not whittle down the provisions of section 20 of the cpc but only provide an additional forum and place for filing a suit in ..... the aforesaid discussion, we are of the considered opinion, that the submissions of the learned counsel for the appellant that seciton 134 of the trade marks act overrides the provisions of section 20 of the code of civil procedure and that it impliedly repeals the said provisions, is found to be devoid of merit .....

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Mar 19 2007 (HC)

G.R. Engineering Works Ltd. Vs. Oil India Ltd. and ors.

Court : Guwahati

..... , so reached, a deed was executed, on 1.4.2005 itself, by the partners of m/s. fabtech engineers, dissolving the said partnership firm. acting upon the agreement, which had been reached between m/s. fabtech engineers and the respondent no. 3, whereuner the respondent no. 3, had ..... 3 as a person eligible to participate in the tender process:(i) sri rajabhau ananda rupnar and smt. neelvarna bira rupnar, originally, formed a partnership firm in the name of m/s. fabtech engineers, for the purpose of carrying on a business of manufacturing, selling, marketing, importing and ..... it was specifically agreed upon that all assets, properties, intangible assets, goodwill, licenses, permissions, entitlements, etc., of mis fabtech engineer (i.e., the said partnership firm) and all its liabilities, dues, cesses, etc. would become the assets and liabilities of the new company, namely, fabtech projects & engineers (p.) ltd ..... m/s. fabtech engineers expanded and the said firm managed to obtain several contracts with reputed organizations, such as, h.p.c.l, indian oil corporation, mangalore refinery & petrochemicals ltd. etc. the said three partners of m/s. fabtech engineers, then, decided to incorporate a company ..... by the nit, so published, respondent no. 2 invited sealed bids for the said project under single stage two envelope system from competent indian agencies with sound technical and financial capabilities and meeting the qualification criteria as stated in para 6.0 of the said nit. the writ .....

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May 02 1997 (HC)

Debasish Majumdar and anr. Vs. Saha Brothers, West Tripura, Agartala a ...

Court : Guwahati

..... necessary for its winding up. according to mr. bhowmick, learned counsel for the respondents 1 and 2, therefore, a suit can also be filed by a partnership firm which stood dissolved through one of its partners and in the present case nani gopal saha, respondent no. 2, had been allotted the properties which were ..... the petitioner no. 1, vehemently argued that in reply to the interrogatories in title suit no. 324/81, the respondent no. 1 had admitted that the partnership firm, m/s. saha brothers was dissolved in the year 1975 and yet the said title suit was filed in the year 1981 by the so called m ..... west tripura agartala, in misc. appeal no. 24 of 1991.2. the brief facts are that the respondent no. 1, m/s. saha brothers, was a partnership firm and the respondent no. 2, nani gopal saha, was one of its partners. title suit no. 324/81 was filed by respondent no. 1 for perpetual ..... of selling petroleum products in the said portion of the suit property with effect from 12-4-1991 as an authorised agent of the petitioner no. 2 , indian oil corporation limited (assam oil division). in the said misc. case no. 6/91, respondents 1 and 2 contended that the aforesaid activities of the respondents ..... suit premises and allowed the petitioner no. i to carry on business of selling petroleum products as an agent of the petitioner no. 2. the aforesaid acts of the respondents 3 to 6 and the petitioners 1 and 2 are in gross violation of the orders of temporary injunction dated 6-11-1981 which was .....

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Jan 03 1977 (HC)

Commissioner of Income-tax, Assam, and Others Vs. Amaio Tea Setate.

Court : Guwahati

..... member, nor can he be employed by his firm, for a man cannot be his own employer."was approved and it was observed that the indian law of partnership is substantially the same. it was held that a partnership is only the collective name of separate person and not a legal person in itself and that, therefore, the salary paid to a partner ..... this exempted gross sum, it was held that the said part of the salaries also gets the benefit of the exemption under the act. the following statement of the law as to partnership by lindley on the law of partnership, 12th edition, page 28, that :"in point of law, a partner may be the debtor or the creditor of his co-partners, but ..... portion of the profits being made over as a reward for the human capital brought in. section 13 of the partnershilp act brings into focus this basis of partnership business."this legal position, it was observed, expresses itself in the income-tax act in section 10(4)(b) and section 16(1)(b). the real nature of a salary paid to a partner ..... and must be treated as such for taxation process. consequently, the portion of profits from taxation by a grower which is agricutural in character is excluded from taxation under the act, recognising the constitutional provision excluding taxation by the union, of agricultural income by means of rule 24. it was, therefore, held that 60% of the total income represents the agricultural .....

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May 02 1995 (HC)

K.L. Trading Co. Pvt. Ltd. Vs. State of Meghalaya and ors.

Court : Guwahati

..... -95 and also the agreement dated 6-1-95. 3. the case of the petitioner in civil rule no. 329/95, inter alia, is as follows:-- the petitioner is a partnership firm carrying on the business of marketing and trading state government lotteries with its registered office at new delhi and a local office at mouchak market, guwahati. in the month ..... was found that none of the tenderers except 3rd respondent had produced any material to prove their respective financial soundness. 3rd respondent produced two certificates from two banks, namely, south indian bank ltd., cannaught place, new delhi and state bank of india, cannaught circus, new delhi, certifying the financial standing of the petitioner as sound. the 3rd respondent and another, namely ..... of a legitimate expectation may have different consequences; it may give locus standi to seek leave to apply for judicial review, it may mean that the authority ought not to act so as to defeat the expectation without some overiding reason of public policy to justify its doing so. the doctrine of legitimate expectation does not give scope to claim relief .....

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May 12 1997 (HC)

Sardar Harvinder Singh Sehgal and ors. Vs. Assistant Commissioner of I ...

Court : Guwahati

Reported in : (1998)144CTR(Gau)626

..... be that the intention of the legislature was to hit combinations of individuals who were engaged together in some joint enterprise but did not in law constitute partnerships ... when we find .... that there is a combination of persons formed for the promotion of a joint enterprise ... then i think no difficulty arises ..... way of saying that in this particular case these four persons did constitute an association of individuals within the meaning of both s. 3 and s. 55 of the indian it act, 1922'.(2) n. v. shanmugham & co. vs. cit : [1971]81itr310(sc) there, the supreme court pointed out as follows :'in cit vs. indira ..... there, the learned lord justice is discussing the meaning of the word association as used in s. 4 of the companies act, of 1862. the word occurs along with the words company or partnership. cotton l.j., says at page 282 : i do not think it very material to consider how far the ..... . ltd. vs . ito : [1961]41itr191(sc) and s. narayanappa vs . cit : [1967]63itr219(sc) while dealing with the corresponding provisions of the indian it act, 1922'.12. the next attack on the validity of this notice are :(i) that the notice is vague, as it cannot be ascertained who is the assessee.(ii ..... word association differs from company or partnership, but i think we may say that if association is intended to denote something different from a company or partnership, it must be judged by its two companions between which it stands, and it must .....

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Jan 31 1991 (TRI)

Rameshwar Prasad Goenka Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1991)37ITD112(Gau.)

..... also by the hon'ble madhya pradesh high court in the case of jagdish chandra grover v. cwt [1985] 156 itr 560, that under the indian law, a partnership firm is not a legal entity as the firm name is only a compendious way of describing the partners collectively. similar claim for exemption under section 5 ..... of properties vivifies and specifies such shares in separate ownership.12. for the purpose of computation of income under the income-tax act and in particular in respect of section 9 of the indian income-tax act, 1922, the hon'ble supreme court in the case of r.b. jodha mal kuthiala v. cit [1971] 82 ..... allowed in the hands of the partners though the property might have been owned by the partnership firm. this was after considering rule 2 of the wealth-tax rules read with section 2(m) of the wealth-tax act. in such cases, it was held that the firm is not an wealth-tax assessee and ..... the revenue, the analogy cannot be drawn as sought to be made out on behalf of the assessee. the present case is under the wealth-tax act and the provision regarding exemption has been specified. in fact the charging and machinery provisions of these two enactments are separate. in a slightly different situation ..... its normal ambit, an extended meaning on account of the special definition is to be found in explanation 2 to section 2(75) of the estate duty act. in this decision, the hon'ble supreme court has distinguished the earlier decision in the case of kancharla kesava rao (supra) at page 101, it was .....

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Jun 28 1961 (HC)

Commissioner of Income-tax, Assam Vs. Jalannagar Tea Estate (Private) ...

Court : Guwahati

..... the profits by sale of timber were trade profits and were liable to tax. as observed in this case : "where a company or a partnership is formed for the purchase of large estates and for clearing and developing an area and raising a plantation, there is a trade or business because ..... for dyke purposes. thus the effective area available was 766.02 acres."business" has been defined under section 2(4) of the indian income-tax act (hereinafter called "the act") as including any trade, commerce or manufacture or any adventure or concern in the nature of trade of, commerce or manufacture. the ..... , the tribunal was justified in holding that the profit of rs. 38,327 represented a capital receipt not assessable to tax under the indian income-tax act ?"the facts found by the appellate tribunal are that the assessee acquired the estate in 1944 and cultivated tea till 1950. the idea ..... to the company to acquire by purchase, lease, exchange or otherwise any buildings and hereditaments of any tenure or description situate in british india, indian states, foreign countries or elsewhere and any estate or interest therein, any rights over or connected with the land so situate and to turn the ..... in very large quantities, it would tend to eliminate the possibility of investment for personal use, possession or enjoyment. did the purchaser by any act subsequent to the purchase improve the quality of the commodity purchased and thereby make it more readily resaleable what were the incidents associated with the .....

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