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Judgment Search Results Home > Cases Phrase: indian partnership act Court: karnataka Year: 1991 Page 1 of about 22 results (0.081 seconds)

Feb 01 1991 (HC)

J. Seetha Rama Sastry Vs. State of Karnataka and Another

Court : Karnataka

Decided on : Feb-01-1991

Reported in : ILR1991KAR3053; [1993]199ITR588(KAR); [1993]199ITR588(Karn)

..... ) of the schedule. there is another notification, viz., no. ii of the same date exempting the tax payable by any partner of a firm registered under the indian partnership act and engaged in any profession, trade, calling or employment specified in sl. nos. 5(b), 7(b), 13(a), 15(a), 20c(a) and 20e ..... to be noted. as per notification no. i dated may 3, 1989, the government of karnataka exempted the tax payable by any firm registered under the indian partnership act and engaged in any profession, trade, calling or employment, except those specified in sl. nos. 5(b), 7(b), 13(a), 15(a), 20c ..... tax specified under any of those entries shall be applicable in his case.'9. there is no dispute that the partnership firms of the petitioners are registered under the provisions of the indian partnership act. they are engaged in the business of finance and money-lending. according to the petitioners, the amount lent by ..... 15 of 1989, with effect from april 1, 1989. by virtue of this of this each partner of firm registered under the indian partnership act and engaged in any profession, trade, calling or employment is levied with an annual tax of rs. 500. this provision is challenged ..... the partners. registration is required only for certain limited purposes and non-registration affects the procedural rights of the partners, as per section 69 of the partnership act; even here, the firm or the partners may have the effect of non-registration removed, by getting it registered at the time of filling a .....

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Sep 04 1991 (HC)

Commissioner of Income Tax Vs. Hotel Sriraj

Court : Karnataka

Decided on : Sep-04-1991

Reported in : [1992]198ITR570(KAR); [1992]198ITR570(Karn)

..... questioned this, contending that the number of persons/who constituted the firm were below twenty excluding the minors who were admitted only to the benefits of the partnership as per section 30 of the indian partnership act. this contention of the assessee was accepted by the appellate assistant commissioner and, accordingly, the appeal filed by the assessee was allowed. the appellate tribunal affirmed this ..... view. hence, this reference at the instance of the revenue. 3. under the provisions of the indian partnership act, a minor cannot be a partner because a minor is not competent to enter into any contract. a minor can only the admitted to the benefits of the ..... in cit v. dwarkadas khetan and co. : [1961]41itr528(sc) . the relevant observation of the allahabad high court is quoted below (at page 520) : 'according to section 4 of the indian partnership act, partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them ..... purpose of registration. regarding the definition of 'partner' given in section 2(6b) of the indian income-tax act, 1922, which is analogous to section 2(23) of the income-tax act, 1961, according to which partner includes a minor who has been admitted to the benefits of partnership, the hon'ble supreme court has observed that : (at page 533) 'what the definition does .....

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Sep 27 1991 (HC)

Commissioner of Income-tax Vs. Mangalore Ganesh Beedi Works

Court : Karnataka

Decided on : Sep-27-1991

Reported in : (1992)101CTR(Kar)128; [1992]193ITR77(KAR); [1992]193ITR77(Karn); [1992]61TAXMAN209(Kar)

..... even persons other that partners. it cannot be averred even that a person who provides finance to the firm becomes in any way a partner of the said firm, the indian partnership act also does not make it obligatory on the part of the partners to contribute capital to the firm.' 19. as to the scope of an explanation, the learned judge observes ..... by itself will not be the consideration for holding that such payment is hit by the provisions of section 40(b) of the act.' 18. again at page 290 : 'obviously there is a difference between the capital of a partnership business and the finance required for the said business. the distinction lies in this that 'capital' is contributed by the partners under ..... partner on the monies lent by him is not liable to be added back under section 40(b) of the act; and (b) similarly, if a person is a partner in his individual capacity and if such partner lends to the partnership monies belonging to the hindu jointly family of which he is the 'karta', then the interest paid on the monies ..... : 'in this scheme of things, it is obvious that under the provisions of the income-tax act, there is no inconsistency in treating an individual as a person distinct from the same individual representing the hindu undivided family as its karta for the purposes of partnership in a firm. the question, therefore, is whether, in such situation, for the purpose of section .....

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Feb 11 1991 (HC)

Commissioner of Income-tax Vs. Herekar's Hospital and Maternity Home

Court : Karnataka

Decided on : Feb-11-1991

Reported in : (1991)96CTR(Kar)182; [1991]192ITR525(KAR); [1991]192ITR525(Karn)

..... a profession cannot be equated with such a meaning attributed to business. 7. learned counsel for the revenue first referred to section 4 of the partnership act to contend that the very constitution of a firm is to enable the carrying on of a business and, therefore, whenever a firm is ..... or make any contribution.' 14. the bench also pointed out that the law commission had also expressed itself against the earlier provision applying to a partnership between the husband and wife engaged in professions as doctors, lawyers, etc. however, the bench pointed out that, in the case of a couple ..... answer will cover questions nos. 1 and 3 also. 20. regarding the second question, the same is covered by the decision of the supreme court in indian and eastern newspaper society v. cit : [1979]119itr996(sc) . the said question cannot be a basis for action under section 147(b). the said ..... rights of individuals will have to be read in the context of the indian constitution. the provision of law should not contravene the constitutional provisions like the fundamental rights. if a lady doctor runs a nursing home in partnership with another doctor (who is not her husband), then certainly section 64( ..... are barred from carrying on their respective professions on commercial lines. 11. the history of section 64 was also referred to. in the earlier indian income-tax act of 1922, the predecessor section was section 16(3). the said provision provided for including the in come of the wife of an individual arising .....

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Jun 17 1991 (HC)

Oriental Insurance Co. Ltd. Vs. Veeramma

Court : Karnataka

Decided on : Jun-17-1991

Reported in : 1(1992)ACC12

..... court.7. for the aforesaid reasons, our answer to the two questions set out first is that in all the appeals presented under section 173 of the act by a person against an award made by the tribunal in which he is directed to pay claimant:(i) making of the deposit of rs. 25,000/- ..... the language of the proviso to sub-section (1) of the section 173 of the act is peremptory in nature. it is well settled rule of interpretation that when the wording of a statutory provision is couched in a negative language, it is rarely ..... further stated that in a case where the insurance company pleads that it was not liable to play the amount awarded in view of section 147 of the act, it is not necessary for the insurance company to make the deposit.5. in our opinion, both these submissions made by the learned counsel are untenable. ..... filed, appeal papers were returned to the learned counsel calling upon him to make the deposit in view of the papers to section 173(1) of the act. the learned counsel returned the papers stating that the question of depositing arises if only the high court directs that such a deposit should be made. he ..... awarded by the tribunal, whichever is less, if only directed by the high court?and(2) how the deposit should be made?2. section 173 of the act reads:173.appeals: (1) subject to the provisions of sub-section (2), any person aggrieved by an award of a claims tribunal may, within ninety days from .....

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Jun 13 1991 (HC)

Union of India Vs. M/S. Sattur Nataraja Traders

Court : Karnataka

Decided on : Jun-13-1991

Reported in : 1993ACJ877; AIR1992Kant301; ILR1992KAR392

..... s.77 of the indian railways act, 1890.4. in the light of these contentions, the trial court framed the following issues:'1. whether sattur nataraja traders (plaintiff) is registered with the registrar of firms? 2. whether arulmoli rajan is a partner of the said firm? 3. whether the suit is or is not maintainable under s. 69(2), partnership act? 4. whether the ..... .' 's. 77 : responsibility of a railway administration after termination of transit.-- (1) a railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway within a period of seven days after the termination of transit :provided ..... old section 72 has been replaced by present sections 73 and 77. further the responsibility of the railway administration as a bailee under sections 151, 152 and 162 of the indian contract act, 1872, for the loss, destruction or deterioration or non-delivery of the goods carried by the railway has been limited to the period of seven days after the termination ..... to the supreme court. learned counsel for the appellant opposed the prayer. we have allowed the appeal on the interpretation placed by us on sections 73 and 77 of the indian railways act, 1890, the act is acentral act. no decision either of the supreme court or of any other high court is brought to our notice construing sections 73 and 77 of the .....

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Sep 27 1991 (HC)

Commissioner of Income-tax Vs. L.F. D'silva

Court : Karnataka

Decided on : Sep-27-1991

Reported in : [1991]192ITR547(KAR); [1991]192ITR547(Karn)

..... , fifth and sixth parts were the partners other than the three co-owners, who were parties 1 to 3, referred to in the deed of partnership. the partnership business was to execute building construction contracts, dealing in land, etc., each partner was to share profits and losses equally, i.e., each had ..... the assessee in pursuance of the notice given by him, then the appeal filed by the assessee under section 253(1)(c) of the act cannot be treated on the same footing as an appeal against the order of the appellate assistant commissioner passed in assessment proceedings, where both the ..... asset as the share capital in the firm. partially, the commissioner was justified in this assumption. however, the inapplicability of section 48 of the act and the impracticability of evaluating the capital gain were not realised by the commissioner. the notice issued by the commissioner proceeds as if there was a ..... are at least two reasons as to why we cannot agree with this contention. 16. this is a proceeding initiated under section 263 of the act. the scope of the proceeding has to be ascertained with reference to the purpose and the basis of the initiation of the proceedings. while initiating ..... is, whether the assessee can be said to have received any consideration as that expression is understood in the scheme of capital gains under the income-tax act. in cit v. b.c. srinivasa setty : [1981]128itr294(sc) , this court observed that the charging section and the computation provisions under each .....

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Aug 01 1991 (HC)

Commissioner of Income-tax Vs. Swamy and Pathy and Another

Court : Karnataka

Decided on : Aug-01-1991

Reported in : (1991)99CTR(Kar)317; [1992]195ITR707(KAR); [1992]195ITR707(Karn); [1992]60TAXMAN539(Kar)

..... spite of section 187, technically, there were two firms here, one, till april 15, 1980, and thereafter, there constituted firm, under the provisions of the partnership act. the legal fiction created by section 187(2) ought to be restricted for the purpose of the said section only and cannot be extended to treat (sic), ..... go beyond its purpose, and, therefore, the legal implication of the reconstitution of a firm under the provisions of the partnership act cannot being owned for all other purposes under the income-tax act. 10. therefore, we have to consider whether the assessee has exercised its option properly while altering the previous year and ..... firm before its reconstitution notwithstanding the change of one or more partners. obviously, this section is aimed at prevention of evasion of the liability of partnership firms to pay tax on the basis of the total income of a given year by merely substituting one or more partners in the middle ..... that the assessee's case is covered by section 187 and if so, the assessment had to be made in the hands of the present partnership firm; in respect of a single assessment year, there cannot be two different previous years by splitting the said year as has been done by ..... court that there cannot be a 'previous year' consisting of 21 months. the question was considered in the light of section 2(11) of the indian income-tax act, 1922, which was almost similar to the present section 3. it was held at page 415 : 'the assessee has the option to choose .....

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Jan 31 1991 (HC)

Associated Electronic and Electrical Industries (Bangalore) Pvt. Ltd. ...

Court : Karnataka

Decided on : Jan-31-1991

Reported in : AIR1991Kant406; ILR1991KAR1916; 1991(1)KarLJ482

..... are: that the appellant viz., the associated electronic and electrical industries pvt. ltd., is a company registered under the companies act. it manufactures electrical goods. the respondent is a partnership firm by name sharp tools, carrying on its business of manufacture in engineering goods.3. the appellant filed an application on ..... of the copy right of the respondent. the appellant maintains that the copy right 'sharp tools' of the respondent registered under the copy right act, is neither -- reproduction nor adoptation, andthere was no infringement in the copy right of the appellant.15. rival contentions of the parties give ..... independent and original work.11. for appreciation and determination of the contentions raised before us, it is necessary to notice certain relevant provisions of the copyright act, 1957.section 2(c) defines artistic works.it means :(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan ..... advertisement with the artist work of 'sharp' registered as trade mark no. 206181, under the said act.4. it is averred that the appellant came across a copy right caution notice published in 'indian express' news paper on 15-10-1979 issued by the respondent, as to the copy right of ..... 'sharp tool' registered as no. 251165/79 dt. 29-8-1979 annexed as 'c', under the copyright act, 1957. it is stated that the subject .....

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Sep 27 1991 (HC)

T.M. Chandrasekhar Vs. L.R. Shivaramegowda

Court : Karnataka

Decided on : Sep-27-1991

Reported in : ILR1992KAR444; 1991(3)KarLJ308

..... managing director. in 1980 he founded a factory under the name srirama coir mechanised defibring factory. there is also srirama coir industry run as a partnership concern of which he is the managing partner since 3 years. he owns a saw mill at binolganavile village about 10 kms from his village lalanakere ..... the managing director. in 1980 he founded another factory under the name srirama coir mechanised defibring factory, another concern under the name srirama coir industry in partnership and he became its managing director. he also owns a saw mill at bindiganavile about 10 kms. from his village. he claims that nearly 800 ..... be in accordance with that applicable under the code of civil procedure to the trial of suits with the aid of the provisions of the indian evidence act. inference can therefore be drawn against a person who does not call the evidence which should be available in support of his version, it ..... be in accordance with that applicable under the code of civil procedure to the trial of suits with the aid of the provisions of the indian evidence act, inferences can therefore be drawn against a party who does not call evidence which should be available in support of his version.'speeches said ..... the presence of the advocate though the vakalath makes mention of it. the case referred to therein is one under sections 307, 375, 427, 448 ipc etc., and he sought interim bail along with his brother. he asserts that the averments made in the application that he is a permanent resident .....

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