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Judgment Search Results Home > Cases Phrase: indian partnership act Court: kerala Year: 1987 Page 1 of about 8 results (0.024 seconds)

Nov 03 1987 (HC)

P. Ramachandra Reddiar and P. Arjuna Reddiar Vs. Commissioner of Incom ...

Court : Kerala

Decided on : Nov-03-1987

Reported in : [1993]200ITR161(Ker)

..... individual otherwise than for adequate consideration or in connection with an agreement to live apart.' 61. kochu thommen j. (as he then was), held that a firm under the indian partnership act, 1932, is not a distinct legal entity apart from the partners constituting it and the firm's property or assets are only the property or assets of the partners and ..... of the firm. the basic ruling in this regard is the decision of the supreme court in addanki narayanappa v. bhaskara krishnappa : [1966]3scr400 . considering the scheme of the indian partnership act, mudholkar j., who delivered the judgment, observed that no partner can claim any exclusive right over the the properties which become the assets of the firm from whatever source they ..... : [1976]105itr144(ker) . a abdul rahim, travancore confectionery works v. cit : [1977]110itr595(ker) . it is also well-established that (at page 49 of 120 itr) 'a partnership firm, under the indian partnership act, 1932, is not a distinct legal entity apart from the partners constituting it and equally in law the firm as such has no separate rights of its own in ..... the properties and that, upon dissolution, to a share in the proceeds of sale of the partnership assets, after all such payments contemplated under section 48 of the indian partnership act have been met. section 29 of the indian partnership act, however, provides that, even during the subsistence of the partnership, a partner may assign his share to another but the right of the assignee is only .....

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Mar 19 1987 (HC)

Pramod Foods Pvt. Ltd. Vs. State of Kerala

Court : Kerala

Decided on : Mar-19-1987

Reported in : [1988]69STC257(Ker)

..... to the characteristic of the said person. a partner need not necessarily be a natural human being. the word 'person' in section 4 of the indian partnership act contemplates both natural and artificial (i.e., legal) persons [vide dulichand laxminarayan v. commissioner of income-tax [1956] 29 itr 635 ]. further, ..... , and articles of association along with the application. sub-clause (b) provides that if a partner retires from the firm without the partnership being dissolved, he should send a declaration in form 3 to the registering authority within thirty days of his retirement along with a copy ..... p. raghunath for the petitioner and sri t. karunakaran nambiar, special government pleader (taxes) for the respondents. 2. one krisp biscuit company was a partnership with six partners, namely, mrs. v.k. kunhikadeeja and others, which was carrying on business at calicut with effect from 14th april, 1980. the ..... petitioner pramod foods pvt. ltd. is a private limited company registered under the indian companies act, 1956. on 1st july, 1985, five of the partners of the firm krisp bisuit company retired, the petitioner joined the firm as a ..... partner to carry on the business in partnership with mrs. v.k. kunhikadeeja. as per the deed of partnership, copy of which is exhibit pi, the major share in the partnership .....

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Feb 27 1987 (HC)

Commissioner of Income-tax Vs. Dadha Co.

Court : Kerala

Decided on : Feb-27-1987

Reported in : [1987]166ITR657(Ker)

..... it. where there is no business to be done, there can be no question of partnership. the existence of a business is a ' sine qua non ' of partnership. section 4 of the indian partnership act, 1932 (9 of 1932), defines 'partnership' as 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. in mollwo march & co. v. court of ..... wards (10 beng lr 312 at page 320 (pc)), the privy council observed : ' to constitute a partnership ..... 536, counsel for the revenue submits that existence of business is a sine qua non of partnership. in that case, venkatarama ayyar j. (as he then was), speaking for rajamannar c. j. and himself, observed (at page 540) :' there can ..... the question is whether the assessee continued as a firm even after the transfer of the business so as to retain its registration under the income-tax act, 1961, during the relevant year. relying upon the decision of the madras high court in k. viswanathan v. namakchand gupta, air 1955 mad .....

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Jun 04 1987 (HC)

R. Madhavan Vs. S.K. Nayar

Court : Kerala

Decided on : Jun-04-1987

Reported in : AIR1988Ker39

..... of section 44 would have been different. it could be on the lines of section 69 of the partnership act. there is no provision in the act depriving an author of the rights conferred by this act on account of non-registration of the copyright. 17. the use of word 'may' in section ..... suit with the mala fide intention of extracting money from the defendants. in these circumstances the plaintiff is not entitled to any relief under the indian copyright? act8. the 5th defendant also in his written statement contended that the suit is not maintainable and that he is an unnecessary party ..... the coincidences appearing inthe two works are clearly incidental noinfringement of the copyright comes intoexistence. 6. as a violation of copyright amounts to an act of piracy it must be proved by clear and cogent evidence after applying the various tests laid down by the case law discussed above. 7 ..... not necessary to render further proof to show that the copyright vested in the person mentioned in the register. section 48 of the copyright act provides that the registration of copyright shall be prima facie evidence of the particulars entered therein and shall be admissible in evidence in all ..... plaintiff is not entitled tn any relief. 11. in this appeal the learned counsel for the appellant contended that no registration under the copyright act is necessary for availing the relief of injunction restraining the infringement of the plaintiff's right or for claiming damage or accounting for infringement of .....

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Apr 01 1987 (HC)

State of Kerala Vs. Ammini and ors.

Court : Kerala

Decided on : Apr-01-1987

Reported in : AIR1988Ker1

..... a letter addressed by ammini to the second accused, in which ammini solicited the latter's help to get any 'atrocious act' done for the purpose of forestalling the formation of a new partnership business for the son of another brother. there is no serious contention against the findings of the sessions judge that m ..... which tomy paid towards her husband's share. she noticed that tomy was trying to form a new partnership without her and her children, for helping the son of one of the deceased brothers. besides, p.w. 2 (tomy), another elder brother paul (p. ..... 23-6-1980. 20. ammini's feelings were strongly embittered against tomy over some of the latter's conduct in connection with the affairs of the partnership business. after her husband's death in 1975, she found it difficult to pull on with the amounts, which ammini found to be very meagre and ..... the investigation, the police laid final report in court for offences under sections 120b, 452, 303, 201, 109 and 114 of the indian penal code, besides the offence under section 411 ipc as against the second accused alone for having received a gold chain from ammini which actually belonged to merly. 12. it appears that ..... case : tomy and his brothers were in affluent circumstances doing business at alwaye. ammini's husband. francis and tomy started a partnership business in piece-goods by name 'rani silk house' and later they started another one by name 'maharani textiles' in 1969 a third .....

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Aug 19 1987 (HC)

A.G. Abraham Vs. Annamma Alexander and anr.

Court : Kerala

Decided on : Aug-19-1987

Reported in : [1990]69CompCas359(Ker)

..... in m. c. no. 488 of 1987 and the sole petitioner in crl. m. c. no. 493 of 1987 was the managing partner of a partnership firm, samarias finance. it had many branches in various parts of the country. the second petitioner in crl. m. c. no. 488 of 1987 was ..... interpretation and in consonance with the generally accepted principles of exercise of criminaljurisdiction.'19. it is riot necessary and indeed not permissible to construe the indian penal code at the present day in accordance with the notions of criminal jurisdiction prevailing at the time when the code was enacted. the notions ..... the complaints in these two cases sufficiently bring out the commission of offences punishable under sections 406, 409 and 420 read with section 34 of the indian penal code. with his usual candour, learned advocate-general submitted that even if there is an iota of doubt on that aspect, this court as ..... they can make use of the money deposited with them for their own purposes. it is further submitted that no prosecution for offences under the indian penal code will lie against them. we are not impressed with this argument. the decisions cited by learned counsel were rendered in relation to ..... any violation of the provisions of the prize chits and money circulation schemes (banning) act, 1978. their lordships held that the scheme did not violate the provisions of that act. in that decision, the liability under the indian penal code of a person who receives deposits from the public describing himself as a .....

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Jul 10 1987 (HC)

P. Gangadhara Pillai Vs. Commissioner of Gift-tax

Court : Kerala

Decided on : Jul-10-1987

Reported in : [1988]170ITR514(Ker)

..... it should not have been reckoned in the matter of arriving at real profits which in turn should be reckoned for valuing the goodwill. after reference to the devaluation of indian currency on june 6, 1966, and keeping in mind the principles of accountancy,the appellate tribunal held that the devaluation applies to every transaction after june 6, 1966, and there ..... it is only the ordinary profits which should be taken into account for the purpose of quantifying the value of goodwill. the appellate tribunal, after adverting to the devaluation of indian currency on june 6, 1966, and the principles of accountancy, held that there is nothing exceptional in the instant case by the devaluation. the devaluation permeates every transaction after june ..... 2 to determine the taxable value of the gift. the assessee again appealed to the appellate tribunal. it was prayed that the devaluation profits, as a result of devaluation of indian currency on june 6, 1966, should be deducted while computing the average profit from the business. by a reference to the profits of the various years 1964 to 1970, and ..... k.s. paripoornan, j.1. the matter arises under the gift-tax act. the assessee is the applicant. the respondent is the revenue. the matter relates to the assessment year 1969-70. the assessee, an individual, was having a proprietary business. on january 1, 1968, it was converted into a partnership firm. three partners were inducted. the gift-tax officer held that there .....

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Jan 22 1987 (HC)

Dominic Vs. the State and ors.

Court : Kerala

Decided on : Jan-22-1987

Reported in : 1987CriLJ2033

..... acquired by the petitioner and the father of the 2nd respondent and the 3rd respondent in the name of m/s. united planters, which was a partnership firm. in the year 1979, there was an oral partition of the assets of the above said firm and thereafter a registered partition deed was executed ..... 144 of the code. but this is a matter within the discretion of the magistrate and this will not deprive the jurisdiction of the magistrate to act either under section 145 or section 147 of the code. in the present case, admittedly both parties have filed civil suits in respect of the properties ..... the decisions of the high courts of orissa, allahabad and mysore represent the correct and reasonable views on the matter. the magistrate who is empowered to act under section 145 of the code must respect and give due weight to the recent decision of a civil court even if it be an interim order ..... order of a magistrate in regard to possession irrespective of the rights of the parties cannot enable a person to resist the suit under section 180 of the act.7. this court had occasion to consider a similar situation in mathai varghese v. kuriacko chacko, 1970 ker lt 102: (1970 cri lj 1170). ..... pending before the court of subordinate judge, palghat and in the instant case there is no likelihood of breach of peace and therefore the learned magistrate has acted illegally and in excess of jurisdiction in initiating proceedings under section 145 of cr. p. c. the learned counsel brought to my notice a recent .....

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