Skip to content


Judgment Search Results Home > Cases Phrase: indian partnership act Court: karnataka Year: 2002 Page 1 of about 8 results (0.044 seconds)

Dec 19 2002 (HC)

B. Raghurama Prabhu Estate, Executrix Smt. M. Kaveri Bai and ors. Vs. ...

Court : Karnataka

Decided on : Dec-19-2002

Reported in : (2003)180CTR(Kar)87; [2003]264ITR124(KAR); [2003]264ITR124(Karn)

..... 25. in the case of saligram v. rajnath air 1974 sc 1094, keeping in view section 47 of the indian partnership act the supreme court has held that : 'according to section 47 of the indian partnership act, 1932, after dissolution of the firm, authority of each partner to bind the firm, and other mutual rights ..... of its members question no. 1 20. before proceeding to answer this question, one has to bear in mind that 'partnership' as defined in section 4 of the indian partnership act, 1932, is the relation between persons who have agreed to share the profits of a business carried on by all or any ..... of them acting for all. this relationship may have many other attributes as agreed between the parties and are recognised under the partnership act. so far ..... only on 20th nov., 1994. 24. for completion of the process of winding up, the legislature has engrafted section 47 in the partnership act for continuance of the partnership by creating a legal fiction. this section reads as under: 'section 47. continuing authority of partners for purposes of winding up-- ..... often said, that a firm is merely a compendious description of the individuals who carry on the partnership business. but under the it act, a firm is a distinct assessable entity. section 3 of the indian it act, 1922 treats it as such, and the entire process of computation of the income of a .....

Tag this Judgment!

Jan 30 2002 (HC)

C. Prabhu Vs. Sangam Corporation (Finance and Investment), Bangalore

Court : Karnataka

Decided on : Jan-30-2002

Reported in : 2002CriLJ2142; ILR2002KAR2198; 2002(2)KarLJ572

..... raised in the petitions are regarding the competency of the manager of the respondent/company. it is contended that under section 69(2) of the indian partnership act no suit and proceedings shall be instituted unless the firm is registered and the person suing has been shown in the register of the firms as ..... is to be noted that the proceedings in question are under the negotiable instruments act which is a self-contained special law. as such, the provisions of other acts, like the indian partnership act, are not attracted. even on perusal of the act or even the procedure code i do not see any such requirement that while ..... or the holder in due course of said cheque. this criterion is satisfied as the complaint is in the name and on behalf of the partnership concerned who is a payee of the cheque. merely because complaint is signed and presented by a person who is neither an authorised agent nor ..... cheques - one dated 15-2-2000 for rs. 1,60,000/- and the other dated 22-2-2000 for rs. 1,52,200/- drawn on indian overseas bank, malleswaram, bangalore. it is alleged that when the cheques were presented for collection the same were returned with endorsements 'insufficient fund'. it is ..... filing the complaint the person should disclose that he is authorised to do so or to produce any authorisation at the time of filing of complaint. it is noted that when the manager has stated that he is the manager of the partnership .....

Tag this Judgment!

Dec 19 2002 (HC)

Commissioner of Income-tax Vs. Mangalore Ganesh Beedi Works

Court : Karnataka

Decided on : Dec-19-2002

Reported in : (2004)187CTR(Kar)401; [2004]265ITR658(KAR); [2004]265ITR658(Karn)

..... of the insolvent.'24. in the case of saligram ruplal khanna v. kanwar rajnath, : [1975]1scr358 , keeping in view section 47 of the indian partnership act, the supreme court has held that (page 1104) :'according to section 47 of the indian partnership act, 1932, after the dissolution of a firm, the authority of each partner to bind the firm, and the other mutual rights and obligations ..... paragraph of this judgment.19. before proceeding to answer the question of law relating to capital gains, i.e., question no. (iii), one has to bear in mind that 'partnership' as defined in section 4 of the indian partnership act, 1932, is the relation between persons who have agreed to share the profit of a business carried on by all or any of them ..... acting for all. this relationship may have many other attributes as agreed between the parties and are recognised under the partnership act. so far as a relationship in association of persons is concerned ..... a going concern had taken place only on november 20, 1994.23. for completion of the process of winding up, the legislature has engrafted section 47 in the partnership act for continuance of the partnership by creating a legal fiction. this section reads as under :'47. continuing authority of partners for purposes of winding up.--after the dissolution of a firm the authority .....

Tag this Judgment!

Dec 04 2002 (HC)

B.M. Devaiah Vs. Canara Bank and ors.

Court : Karnataka

Decided on : Dec-04-2002

Reported in : III(2004)BC411; 2003(3)KarLJ59

..... the outstanding liability against the original borrower. it was submitted that although a newly inducted partner does not in view of the provisions of section 31 of the indian partnership act become liable for any act of the firm done before his induction as a partner yet the said provision did not prevent any such newly inducted partner from agreeing to take over or ..... had been established. the only issue that needs determination is whether the liability so adjourned by the court could be fastened upon the appellant also.9. chapter 5 of the partnership act deals with incoming and outgoing partners. section 31 appearing under the said chapter relates to introduction of a partner and the consequences thereof. it runs thus.-'section 31. introduction of ..... , was also liable to liquidate the same. he contended that the court below had ignored the provisions of section 31 of the partnership act and the terms and conditions stipulated in the partnership deed dated 23-6-1983 by which the partnership had been reconstituted.7. on behalf of the respondent-bank, it was on the other hand argued that the trial court had ..... to whom the firm owes the liability accepts the new entity as its debtor in substitution of the old. a reconstitution of the partnership may while introducing some new partners also in terms of section 32 of the partnership act involve the retirement of some others. the liability of any such retiring partner qua a third party cannot by reason of such retirement .....

Tag this Judgment!

Oct 31 2002 (HC)

K. Narayanappa Vs. the Regional Transport Officer, Bangalore Central a ...

Court : Karnataka

Decided on : Oct-31-2002

Reported in : 2003(1)KarLJ287

..... complaint was lodged in the hebbagodi police station. cognizance was taken by the learned judge. petitioner filed an application seeking release and custody of the vehicle in terms of the act. demand notice was issued to the petitioner in terms of annexure-c. aggrieved by the same, petitioner has filed an appeal. appellate authority dismissed the appeal. this appellate order is .....

Tag this Judgment!

Sep 06 2002 (HC)

Factory Manager, Rajashree Cements Vs. Naeem Pasha and ors.

Court : Karnataka

Decided on : Sep-06-2002

Reported in : [2003(96)FLR285]; ILR2002KAR4817; 2003(1)KarLJ274; (2003)ILLJ781Kant

..... of evaluating evidence in departmental enquiries. according to the learned counsel, the labour court failed to notice that the strict rules of the indian evidence act has no application in the matter of enquiries either before the department or before the labour court. all that the labour court has to ..... them. if these rules are satisfied, the enquiry is not open to attack on the ground that the procedure laid down, in the indian evidence act for taking evidence was not strictly followed'.(emphasis supplied)26. on the power of enquiry officer during departmental enquiry to put questions and elicit ..... courts, a party is entitled to ask leading questions unless objected to by the adversary with the permission of court under section 142 of the indian evidence act which reads 'leading questions must not, if objected to by the adverse party, be asked in examination-in-chief, except with the permission ..... this is what the court has said:'it is well-settled that in a domestic enquiry the strict and sophisticated rules of evidence under the indian evidence act may not apply. all materials which are logically probative for a prudent man are permissible'.30. the finding of the labour court on ..... cannot be sustained for the reasons stated above.31. the labour court evidently has exercised the discretion under section 11a of the industrial disputes act possibly influenced by the fact that charge 2 is not proved while ordering for reinstatement and denying back wages.32. before the introduction of .....

Tag this Judgment!

Mar 21 2002 (HC)

S. Umapathy and anr. Vs. the Karnataka Power Transmission Corporation ...

Court : Karnataka

Decided on : Mar-21-2002

Reported in : ILR2002KAR2205; 2003(2)KarLJ472

..... same. therefore, annexure-p and n are also not disturbed on the peculiar facts of this case.19. mr. subba rao, learned senior counsel argued that if the respondents have acted erroneously and if the petitioners are not guilty of any fault on their part, it is not proper to recover any excess amount already paid to them. reliance is placed ..... think that this court would be justified in striking down an order of 1977 in the year 2002. the said order has withstood the test of time and has been acted upon by all concerned. any striking down at this juncture would cause unnecessary hardship to the parties concerned.14. even otherwise, it is seen that a division bench of this .....

Tag this Judgment!

Mar 01 2002 (HC)

Devaramane Sringeshwaraiah and anr. Vs. M.R. Narasimha Pandith and anr ...

Court : Karnataka

Decided on : Mar-01-2002

Reported in : 2002CriLJ2145; ILR2002KAR3567; 2002(5)KarLJ589

..... found that the complainant had made out a prima facie case against the accused persons, of forgery of a document (a deed of dissolution of partnership firm), held, high court was not justified in quashing the criminal proceedings merely on the ground that the same document was under scrutiny by it ..... where the petitioners filed affidavits with forged signatures and made false statements at different stages before it, infliction of punishment under section 193 of the ipc on the writ petitioner by the supreme court after a show-cause notice held that the supreme court ought to have rather followed the procedure ..... the complaint was filed in the court of the chief judicial magistrate alleging offences, inter alia, under sections 468, 469 and 471 of the ipc. on the facts that the appellant had forged the document and produced it in court of the executing magistrate which was then dealing with the ..... criminal proceeding in his individual capacity. in that case, the offences alleged against the accused therein were under sections 465, 468 and 471 of the ipc.6. he also further relied on a decision of the supreme court in surjit singh and ors. v. balbir singh, : 1996crilj2304 wherein their lordships ..... the temptation to pre-empt the proceedings pending in a court and to pressurise and desist parties from proceeding with the case. equally when the act complained of relates to an offence, i.e., contempt of lawful authority of public servant, or against public justice or for offences relating to .....

Tag this Judgment!


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