Skip to content

Judgment Search Results Home > Cases Phrase: indian partnership act Court: karnataka Year: 1999 Page 1 of about 11 results (0.018 seconds)

Jun 28 1999 (HC)

Shivalingeshwar Oil Mill, Haveri Vs. Chanaveerappa Basalingappa Kaddi

Court : Karnataka

Decided on : Jun-28-1999

Reported in : ILR1999KAR4125; 1999(6)KarLJ320

..... that in these circumstances, to import the definition of 'person' occurring in section 3(42) of the general clauses act into section 4 of the indian partnership act will be totally repugnant to the subject of partnership law. 11. following the decision of the supreme court in dulichand laxminarayan's case, supra, and in other cases ..... .10. in dulichand laxminarayan v commissioner of income-tax, nagpur, the supreme court has ruled that the word 'person' in section 4 of the partnership act means only the legal person, natural or artificial, and that a firm is not a person since it is not an entity or person in law ..... . parthasarathy naidu's, case, supra, laid down several emerging legal propositions. the relevant of them for our purpose are.-'(1) the concept of partnership law is that a firm is not an entity or a person in law but only a compendious mode of designating persons who have agreed to ..... relied on for the judgment-debtor is distinguishable and inapplicable to the facts of the case in hand. in that case, on dissolution of a partnership firm, one of its partner had obtained a money decree against another partner on the basis of the accounts settled between them. during execution of the ..... to their exploitation by the affluent classes and not to any juristic or non-statutory person like a partnership firm or a joint hindu family. therefore, the object and context of the act of 1980 irresistibly leads to the intention of the legislature that any juristic or non-juristic person as .....

Tag this Judgment!

Oct 07 1999 (HC)

Andavar Finance Corporation Vs. V. Murthy and anr.

Court : Karnataka

Decided on : Oct-07-1999

Reported in : AIR2000Kant236

..... in the written statement, it is not open to the court to go into the question of maintainability of the suit under section 69(2) of the indian partnership act. i had occasion to consider the similar point in r.s.a. 919/95 disposed of on 9-3-1998 wherein i have held that as long ..... of them as the position in law, in our opinion, is clear on a plain reading of sub-section (2) of section 69 of the said partnership act.'4. i have heard the respective learned counsels for the parties.5. the fact that money has been borrowed by the defendant though generally denied in the ..... khan reported in air 1989 sc 1765 to the following effect:'in the present case, the suit filed by appellants is hit by section 69(2) of partnership act, as on the date when the suit was filed, 2 of the partners shown as partners as per the relevant entries in the register of firms were ..... not in fact, partners, one new partner had come in and 2 minors had been admitted to the benefit of the partnership firm regarding which no notice was given to the registrar. the result is that the suit was not maintainable in view of section 69(2). ..... ... ..... a particular name and style carried on business in various items like oils, chemical industry, spare parts and so on and it was that partnership firm which had got common partnership account wherein were reflected the entries assets and liabilities with regard to all business transactions in different items, the firm would be competent to .....

Tag this Judgment!

Jun 17 1999 (HC)

B. Mallappa Vs. State of Karnataka and Others

Court : Karnataka

Decided on : Jun-17-1999

Reported in : ILR1999KAR193; 1999(6)KarLJ517

..... in the case of dry land one hectare and that the total extent of land after such grant does not exceed the ceiling area according to the karnataka land reforms act, 1961'.the petitioner now wants the said land by way of right. rule 4 does not confer on him a right. it gives a discretion to the authorities to grant ..... it will result in a situation where one who gets only a bit of land will become the owner of hundred of acres of land. this is not what the act contemplates. for enjoying a property measuring 2.17 acres, if a property measuring 1 acre 13 guntas is to be given, then there is no meaning for the word 'grant .....

Tag this Judgment!

Jul 28 1999 (HC)

K. Basavaraj Vs. State Bank of Hyderabad, Koppal, Raichur District and ...

Court : Karnataka

Decided on : Jul-28-1999

Reported in : [1999]98CompCas312(Kar); 1999(6)KarLJ509

order1. this revision by defendant 1 is directed against the judgment and money decree dated 15-4-1995 of the court of the learned civil judge, small causes, koppal, passed in s.c. no. 3 of 1994 decreeing the suit of r-1 (hereinafter referred to as 'the plaintiff-bank') as prayed against petitioner ('d-1' for short) and r-2 ('d-2' for short).2. certain undisputed and admitted facts are as stated under:d-l was an 'a class contractor', who was undertaking contract work of public works department ('p.w.d.' for short) in koppal taluk of raichur district. he had dealings with the plaintiff-bank since 1983. at his request and on his application, the plaintiff-bank had issued ex. p. 1 bank guarantee dated 14-7-1988 for a sum of rs. 28,740.00 in favour of the executive engineer, p.w.d., raichur ('executive engineer' for short) in connection with the execution of certain contract work of the latter that was entrusted to d-l. initially, that bank guarantee was issued for a period of one year commencing from 14-7-1988 which stood extended from time to time at the instance of d-l upto 13-7-1991 as borne out by the deeds of extension of guarantee produced at ex. p. 5 and ex. p. 6. ex. p. 2 counter indemnity bond dated 14-7-1988 was also executed by d-1 in favour of the plaintiff-bank. d-2, as surety for the said bank guarantee facility made available to d-l by the plaintiff-bank, executed 'guarantor's agreement', ex. p. 4 dated 14-7-1988 in its favour.3. when ex. p. 1 bank guarantee was .....

Tag this Judgment!

Dec 10 1999 (HC)

P.B. Kumar Vs. P.O., Ii Additional Labour Court and anr.

Court : Karnataka

Decided on : Dec-10-1999

Reported in : [2000(84)FLR1014]; ILR2000KAR396; (2000)ILLJ1059Kant

..... leads to violation of principles of natural justice and consequently vitiates the proceedings before the tribunal under sub-section (3) of section 33 of the act and any decision given in these proceedings against the workman concerned.'10. the rationale followed by the apex court in the above decision in respect ..... domestic enquiry such a relief cannot be provided under section 33 of the act. the question is whether on such interpretation the workman could be denied the relief of subsistence allowance in a case where the labour court ..... concerned is not gainfully employed elsewhere, grant interim relief and in doing so, the quantum of subsistence allowance fixed in section 10-a of the act provides the guidelines.'9. thus, it has been held by this court that when a workman is entitled to relief of subsistence allowance pending a ..... pending before the labour court, rama jois, j, as he then was, held:'section 10-a, recently introduced into the industrial employment (standing orders) act, 1946, incorporates a uniform law governing the payment of subsistence allowance to a workman of an industry during the pendency of a domestic inquiry into complaints ..... .6. in order to arrive at an answer to question in issue it becomes necessary to (sic) excerpt section 33(3)(b) of the act to understand the scope and power of the labour court under the said provision. it reads:'33. conditions of service etc., to remain unchanged under .....

Tag this Judgment!

Dec 17 1999 (HC)

Indian Telephone Industries Limited, Bangalore Vs. Bansons Engineering ...

Court : Karnataka

Decided on : Dec-17-1999

Reported in : AIR2000Kant161; 2001(2)KarLJ351

..... interest claimed was rs. 5,973-00, 417-73, 621-90 and 841-37 paise.7. in the written statement, legal submission like section 69 of the partnership act and section 230 of the indian contract act, the premature nature of the suit and payment of agency commission only after the acceptance of the goods was raised. apart from that, the placing of order ..... respect of both the suits are same and which is as follows.-the appellant is a public limited company incorporated under the companies act, 1956. the respondent is a registered partnership firm represented by its partners. the respondent is an indian agent of their foreign principal m/s. holzel schnitt und stanzenbau kg, post fach 41, 7277, wild berg, west germany. the appellant ..... the trial court.4. the contention of the defendant/respondent herein in o.s. no. 10778 of 1987 was that the suit was not maintainable under section 230 of the indian contract act. the foreign principal of the respondent submitted tenders for the supply, erection, commissioning and maintenance of a fully automatic contract building line and thereafter a revised offer was made .....

Tag this Judgment!

Oct 01 1999 (HC)

K.N. Eswara Rao Vs. M/S. K.H. Shama Rao and Sons, Bangalore and Others

Court : Karnataka

Decided on : Oct-01-1999

Reported in : [2001]103CompCas306(Kar); ILR2000KAR228; 2000(1)KarLJ589

..... the petition, we have to hold that the petition is notmaintainable on the grounds pleaded. secondly, it is not in dispute that the appellant has already instituted proceedings under the partnership act for rendering of the accounts as well as for seeking partition of all the joint family properties. in that view of the matter, the proceedings being already pending even much ..... , the order of the learned single judge is liable to be interfered with?6. it is admitted fact that the firm in question is registered under the provisions of the partnership act. as per the description of the respondents in the cause title, 17 persons have been shown as the partners. in the pleadings also, it is stated that the ..... suit for winding up of an unregistered company and further held that part x of the companies act does not come in the way of the operation of partnership act. this makes clear that the aggrieved party either has a recourse under the companies act or under the partnership act.11. this court in the decision in bangalore timber industries case, supra, went a step ahead ..... carrying on any other business that has for its object the acquisition of gain by the company, association or partnership, or by the individual members thereof, unless it is registered as a company under this act, or is formed in pursuance of some other indian law.(3) this section shall not apply to a joint family as such carrying on a business; and .....

Tag this Judgment!

Jul 29 1999 (HC)

M/S. Subramanyam and Company and Another Vs. Muniswamappa and Others

Court : Karnataka

Decided on : Jul-29-1999

Reported in : ILR1999KAR4707; 2000(5)KarLJ97

..... have filed two other applications on that day, one of them is under order 22, rule 10 of the cpc (i.a. v). suit was by a partnership firm represented by one n.a. jayaram. it is stated in i.a. v that the rights of the firm are assigned in favour of n.a. jayaram ..... to 11 and sri ramaswamy shastry for respondents 12 to 15.3. briefly stated the facts are:plaintiff-company described as m/s. subramanyam and company, a partnership firm represented by one n.a. jayaram, filed the suit originally on 8-11-1987 against defendants 1 to 9 for specific performance of contract and to ..... been entered between the parties that the court has to decide whether the agreement or compromise in question was lawful and not void or voidable under the indian contract act. if the agreement or the compromise, itself is fraudulent then it shall be deemed to be void within the meaning of the explanation to the proviso ..... only a make believe story. there being no application on 11-3-1994 as required under order 32, rule 7 of the cpc, court could not have acted on the compromise. further, when the records show that they had attained majority, their guardians could not have entered into any compromise nor the advocate without their ..... advocate filing power for the minors represented by their guardians will not improve the case of the plaintiff nor the court was bound to act on such compromise petition.15. it is needless to say that minors are incompetent to enter into an agreement in view of section 11 of the contract .....

Tag this Judgment!

Nov 29 1999 (HC)

B. Yuvaraj Shetty Vs. Maharashtra Apex Corporation Limited and ors.

Court : Karnataka

Decided on : Nov-29-1999

Reported in : [2002]112CompCas338(Kar); ILR2000KAR3394

..... fact that his liability though co extenso would commence only at the point of time when the bank's recovery becomes impossible vis-a-vis the principal-debtor. unlike in partnership cases, that the liability is not joint and several but that the liability arises virtually consecutively or in other words that a surety would become liable only when it is ..... law. the apex court also considered that the decree is against the guarantor as well as against the principal borrower. but applying the principles of section 128 of the indian contract act that the liability of the surety is a co-extensive with that of the principal-debtor unless it is otherwise provided by the contract.9. in the light of the ..... reliance was placed upon the dictum of this court in maharashtra apex corporation ltd. v. poovappa salian : air1985kant116 , to the following effect:'sections 135, 140 and 141 of the contract act make it clear that the right of the surety continues even if the decree is passed and the relationship between him and the principal-debtor continues as a principal-debtor .....

Tag this Judgment!

Sep 09 1999 (HC)

Management of Jyothi Home Industries and Others Vs. State of Karnataka ...

Court : Karnataka

Decided on : Sep-09-1999

Reported in : [2000(84)FLR391]; 2001(2)KarLJ217; (2000)ILLJ596Kant

..... .(ii) minimum food requirement should be calculated on the basis of a net intake of calories, as recommended by dr. aykroyd for an average indian adult of moderate activity.(iii) clothing requirements should be estimated, at a per capita consumption of 18 yards per annum which would give for the ..... .(ii) minimum food requirement should be calculated on the basis of a net intake of calories, as recommended by dr. aykroyd for an average indian adult of moderate activity.(iii) clothing requirements should be estimated as per capita consumption of 18 yards per annum which would give for the average workers ..... v the management of m/s. reptakos brett and company limited and another, where it concluded as under:'10. the tripartite committee of the indian labour conference held in new delhi in 1957 declared the wage policy which was to be followed during the second five year plan. the committee ..... education, medical needs, amenities adequate for preservation of his efficiency'.this is the need of the hour while fixing the minimum wages under the act.13. spearheading the challenge to the notification mr. kasturi, learned counsel for the petitioner contended that relevant factors were not borne in mind by ..... states as late as in 1936 i.e., in more head v tipaldo, regarded a minimum wages act as an unconstitutional interference with the freedom of property, this has not been so with indian polity. a minimum wage was considered necessary catalyst to advance social status of the worker even according .....

Tag this Judgment!

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //