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Judgment Search Results Home > Cases Phrase: indian partnership act Court: guwahati Year: 2001 Page 1 of about 5 results (0.019 seconds)

Jan 12 2001 (HC)

Pranab Kumar Saha Vs. State of Tripura and ors.

Court : Guwahati

Decided on : Jan-12-2001

..... liabilities were settled by the partners mutually and again there is no material to show that there was any public notice for retirement as contemplated by section 32 of the indian partnership act. further, according to the respondents, as per annexure-r/1 the petitioner continued to be a member of the firm even on 2.6.1991 as per declaration made by ..... assessed in the individual name of the petitioner as partner of the firm after the date of retirement.9. the provision regarding retirement is contained in section 33 of the indian partnership act, 1932 and the same is reproduced below: -"retirement of a partner.-(l) a partner may retire,-(a) with the consent of all the other partners,(b) in accordance with an ..... the liabilities of the petitioner. again, as per sub-section (3) of section 32 of the indian partnership act, as noted above, the retiring partner shall continue to be liable as partner to the third parties for any act done by the firm which would have been an act of the firm if done before the retirement, until public notice is given of the retirement ..... and liabilities shall be dealt with in accordance with the provision-' of indian partnership act, 1932."8. a perusal of clause-17 extracted above, can never lead to any conclusion that partnership was a partnership at will. (see air 1961 sc 1225, air 1991 sc, 1020 & 2000(1) glj, 469). regarding retirement from partnership mr. lodh submitted that by issuing notice dated 18,2.1991 (annexure .....

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Jan 12 2001 (HC)

Pranab Kumar Saha Vs. State of Tripura and ors.

Court : Guwahati

Decided on : Jan-12-2001

..... liabilities were settled by the partners mutually and again there is no material to show that there was any public notice for retirement as contemplated by section 32 of the indian partnership act. further, according to the respondents, as per annexure-r/1 the petitioner continued to be a member of the firm even on 2.6.1991 as per declaration made by ..... assessed in the individual name of the petitioner as partner of the firm after the date of retirement.9. the provision regarding retirement is contained in section 33 of the indian partnership act, 1932 and the same is reproduced below: -'retirement of a partner.-(l) a partner may retire,- (a) with the consent of all the other partners, (b) in accordance with an ..... the liabilities of the petitioner. again, as per sub-section (3) of section 32 of the indian partnership act, as noted above, the retiring partner shall continue to be liable as partner to the third parties for any act done by the firm which would have been an act of the firm if done before the retirement, until public notice is given of the retirement ..... and liabilities shall be dealt with in accordance with the provision-' of indian partnership act, 1932.' 8. a perusal of clause-17 extracted above, can never lead to any conclusion that partnership was a partnership at will. (see air 1961 sc 1225, air 1991 sc, 1020 & 2000(1) glj, 469). regarding retirement from partnership mr. lodh submitted that by issuing notice dated 18,2.1991 (annexure .....

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Feb 14 2001 (HC)

Murari Tea Industries Vs. Aseb and ors.

Court : Guwahati

Decided on : Feb-14-2001

..... reads as follows:-'21. malpractice. - (1) malpractice; contravention of any provision of the terms and conditions of supply, 1986 the indian electricity act, 1910, the electricity (supply) act, 1948, the indian electricity rules, 1956 or any other law/rule governing the supply and use of electricity regulating order shall be treated as malpractice, ..... state electricity board, here-in-after referred to as 'aseb'.2. the facts relevant for deciding this petition briefly are that the petitioner being the partnership firm carried on business of manufacture and sale of black tea. suddenly the asstt. executive engineer, rec sub-division, aseb, tinsukia issued a letter ..... in compliance with the clause 27(ii) of the terms and conditions of supply inasmuch as in the terms of section 49(1) of the act and in the light of the decision of hyderabad engineering industry ltd. v. aseb (supra). board has the power to alter the terms and ..... learned counsel further argued that the terms and conditions of supply, 1988 was framed in exercise of the power under section 49 of the electricity supply act, 1948 by which the power was given to the board to alter any terms and conditions as regards to the supply of electricity. in the ..... the respondent no. 4 informed the petitioner if the entire amount is not paid, the electric connection of the petitioner would be disconnected for the act of malpractice i.e. for excess connecting load by 26 kw under section 23(e) of the terms and conditions of supply, 1988. the .....

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Feb 05 2001 (HC)

Tilendra Nath Mahanta Vs. United Bank of India and ors.

Court : Guwahati

Decided on : Feb-05-2001

..... for the amount of his general balance, unless there is contrary intention. the law is that a bank has no lien upon the deposit of a partnership for a balance due by one of he partners. the right of a bank to apply a deposit to indebtedness due from the depositor, results from ..... well established. such a transaction, namely, the transaction evidenced by a fixed deposit would not constitute bailment within the meaning of section 171 of he contract act, even assuming that, money is a species of goods over which lien may be exercised as observed by the punjab highcourt while construing section 171 (see ..... madras air 1956 madras 266. the above position notwithstanding the counsel representing the bank argued that the 'banker's lien' provided for under section 171 contract act extends to even monies entrusted with or paid to the bank and if that be the position, it is further contended that, money in the fixed deposit ..... the goods. it is the duty of the bailee to deal with the goods according to the direction of the bailor. under section 171 of the act bankers lien can properly arise only over thing which belong to customer but which are held by the bank as security. there will be no bailment in ..... with his son for which an investigation is in progress. in order to decide the matter we must look to sections 148 and 171 of the contract act. section 148 deals with bailment. bailment is established only when there is delivery of goods by one person to another for some purpose upon a contract .....

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Sep 01 2001 (HC)

Victor Cane Industries Vs. Commissioner of Taxes and ors.

Court : Guwahati

Decided on : Sep-01-2001

..... and another vol. 34, stc, p. 209, murarilal ahujav. board of revenue and others, vol. 61, stcp 393 and the observations of the supreme court in indian aluminium cables ltd. v. state of haryana, vol. 38 stc, p. 108 (sc) support our view.''12. we, therefore, hold that when the members of ..... under specified conditions the exemption has to be treated as a general one within the meaning of sub-section (2a) of section 8 of the central sales tax act, 1956. the decision in commissioner of sales tax, madhya pradesh v. kapoor dori niwar & co., gwalior vol. 22 stc, p. 152, hindustan safety ..... the appellant, inter alia, raised the following arguments:(1) condition precedent for invoking the powers under section 31(1) of the assam sales tax act did not exist enabling the assistant commissioner of taxes to exercise suo motu powers of revising the already completed assessment;(2) on the date the assistant ..... new industry established under the 1982 industrial policy of the government of assam was generally exempted from the payment of tax under the assam sales tax act, 1947, who submitted its sales tax return for the period ending 31 st march 1988, 30th september 1998 and 31st march 1989 before the ..... the appellant is a partnership firm having its place of business at makum in the district of dibrugarh, assam. the firm is engaged in the manufacture of cane baskets and furniture and is a registered dealer under the assam sales tax act, 1947 as also under the central sales tax act, 1956. in order .....

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