Court : Guwahati
Decided on : Aug-29-2007
..... income for the purpose of the it act, 1961, irrespective of the provisions of the indian partnership act, 1932. as stated hereinbefore, a sub-partnership has been recognized in india and registered as a partnership firm under the it act though the term has not been defined in the indian partnership act, 1932. a partnership firm cannot become a partner in another partnership firm for the purpose of the indian partnership act, 1932 since a firm is ..... not a person under this act and is, therefore, not ..... of a firm must sign the application for registration. since a firm is not a partner under the indian partnership act, 1932, the tribunal held that going by the definition of 'partnership' in the partnership act, the sub-partnership in the instant case could not enter into any partnership for the reason that one partner of such firm signing on behalf of the firm would not meet the .....Tag this Judgment!
Court : Guwahati
Decided on : Jul-18-2007
..... have been heard together and are being disposed of by this common judgment and order. 2. in the first writ petition, the petitioner has described itself as a partnership firm registered under the indian partnership act, 1932, but in the second writ petition it has described itself as a proprietorship concern. 3. the petitioner, in response to the notice inviting tender (nit), from resourceful ..... above, the petitioner itself is not sure of its identity. while in the first writ petition being wp(c) no. 4569/2006 it has described itself as a partnership firm registered under the indian partnership act, 1932, but in the second writ petition it has identified itself as a proprietorship firm owned by its proprietor sri pradip kumar, who in the first writ petition ..... participate in the fresh tender process, but has questioned the validity of the same in respect of the rates etc.21. the respondent authority in its impugned decision has solely acted on thecentral vigilance commission guidelines referred to above. during the course ofhearing, learned counsel for the petitioner submitted that the said guidelinescirculated vide annexure-r/1 letter dated 24.8 .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-19-2007
..... , 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 .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-31-2007
..... concurrent jurisdiction in those cases, where the rights were purely of legal nature. the most common exercise of concurrent jurisdiction were in the case of account, accident, dowry, fraud, mistake, partnership and partition. the exclusive jurisdiction of the courts of equity granted special reliefs, which were beyond the reach of the common law. for instance, the court of chancery could grant ..... the case was remanded to the learned district judge with directions to frame additional issues, in the case, the additional issues being as follows:(i) whether seeking compensation under indian fatal accidents act a 'suit' or a petition is to be filed?(ii) whether 'suit' should be filed by way of presentation of a plaint?(iii) whether the plaint requires adequate court ..... after the death of such deceased person' have been repealed give clear indication of the fact that the indian limitation act, 1871, did apply to the act of 1855. thus, when the act of 1855 was initially introduced, no suit or action could have been brought after twelve calender months of the date of the death of ..... 'and that every such action shall be brought within twelve calendar months after the death of such deceased person' were repealed by the indian limitation act, 1871 (9 (ix) of 1871). the fact that it was under the indian limitation act, 1871, that the words, contained in section 2, which read, 'and that every such action shall be brought within twelve calendar months .....Tag this Judgment!
Court : Guwahati
Decided on : May-04-2007
..... the pleaded account of the relevant facts is indispensably essential to appropriately evaluate the rival contentions. the petitioner has introduced itself to be a registered partnership firm and an enlisted contractor with the cpwd vide no. 229 dated 25.05.1998, the term whereof had expired on 24.05.2006. ..... decisions cited at the bar are distinguishable. in poddar steel corporation, the award of the works for disposal of various ferrous scraps of the indian railways in favour of the appellant, was assailed on the ground that the earnest money had not been deposited in the manner as required by ..... into liquidation or otherwise ceases to carry on banking business.15. the stipulations qualifying a bank to be included in the second schedule of the act and the shortcomings of a already scheduled bank to be excluded therefrom (second schedule) brings sharply the difference between the two categories of such ..... capability of a contractor is an assurance of satisfactory and timely implementation of the department's projects of public relevance.13. section 42 of the act deals with the cash reserves of scheduled banks thereunder, to be deposited with the reserve bank of india. sub-section (6) thereof, outlines ..... in compliance of the rules. endorsing the pleaded stand of the respondents, the learned counsel urged, referring to section 42(6) of the act, that a scheduled and non-scheduled bank cannot be placed at par and the objective of obtaining a solvency certificate being a measure of guarantee .....Tag this Judgment!
Court : Guwahati
Decided on : Feb-21-2007
..... of any land in the form of crop share shall be deemed to hold such land;(ii) any person who cultivates land in partnership with the tenure holder shall not be deemed to hold such land;(iii) any person to whom only the right to cut grass or to ..... i) a charge-sheet was filed, in lumdingiri police station case no. 73(7)/2004 (corresponding to gr case no. 240(s)/2004, under section 376, ipc, against the present petitioner as accused, whereupon judicial magistrate, 1st class, chillong, committed the case to the court of additional sessions judge (ad hoc), shillong, ..... assistant sessions judges....(3) the sessions judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an additional or assistant sessions judge, or, if there be no additional or assistant sessions judge, by the chief judicial magistrate, and every such ..... converting sub-section (2) of section 193 of the old code into section 194 of the new code, was not an accidental omission, but a deliberate act of codification becomes transparent if one takes into account the provisions of the code, both old as well as new, which relate to hearing of appeals. ..... purposes from a tenure holder and who is not an occupancy tenant under section 169 or as protected lessee under the berar regulation of agricultural leases act, 1951, shall be ordinary tenant of such land.explanation section - for the purposes of this(i) any person who pays lease money in respect .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-28-2007
..... 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 .....Tag this Judgment!