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Judgment Search Results Home > Cases Phrase: indian partnership act Court: kerala Year: 2013 Page 1 of about 78 results (0.025 seconds)

Sep 05 2013 (HC)

Sandhya S.Pillai Vs. State of Kerala

Court : Kerala

Decided on : Sep-05-2013

..... petitioners are not liable to be proceeded against, for any criminal liability in the matter. as per section 30(3) of the indian partnership act, a minor who is admitted as a partner is not personally liable, for any liability or any acts of the firm, which cause any liability. matters being so, the crl.m.c.no. 224 o 5. proceedings against the ..... the same crl.m.c.no. 224 o 4. time, petitioners 1 and 2, who were falsely admitted in the said partnership deed, are entitled to the protection under section 30(3) of the indian partnership act as well as under section 82 of the indian penal code, as they were under the age of seven, even at the time of the constitution of the ..... has been produced as annexure-a2 which reveals that these petitioners were admitted as partners 8, 9 and 10 in the partnership deed and they were styled as minors. of course, as per section 30(1) of the indian partnership act, 1932, minors can also be admitted as partners of the firm with the consent of all the other partners at the time being ..... partnership. as far as the third petitioner is concerned, he was not even born, when he was admitted as a partner by styling .....

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Aug 16 2013 (HC)

Ahammed Koya Vs. United Bank of India

Court : Kerala

Decided on : Aug-16-2013

..... period of two weeks from today.2. it is asserted that the entire sale consideration was pooled from the second petitioner partnership of which the first petitioner is the managing partner. needless to say that the benefit of section 14 of the indian partnership act, 1932 can be called in aid under such circumstances. the review petition is disposed of. v.chitambaresh, judge. nj .....

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Jul 16 2013 (HC)

M/S.Kovai Auto Spares Vs. New Able Automobiles

Court : Kerala

Decided on : Jul-16-2013

..... legally justified in ordering remand when the respondent neither produced any additional evidence nor sought a remand except to meet sec.69(2) of the indian partnership act? 3. the learned counsel for the appellant contends that the purpose of remand is to permit the respondent adduce further evidence and that the ..... appeal: (i) has not the lower appellate court overlooked sec.69(2) of indian partnership act to hold that the suit is maintainable? (ii) can ext.a1 statement of account, which is not certified under sec.65b of indian evidence act, be relied on in evidence? (iii) with evidence on record clearly establishing ext ..... respondent were not accounted. the trial court dismissed the suit on two grounds - that, it is not shown that the respondent is a registered partnership firm and that ext.a1, account statement is not genuine. the respondent challenged that judgment and decree in a.s.no.13 of 2010. the ..... to adduce further evidence to substantiate the claim of the respondent.5. so far as power to remand is concerned, it is not inhibited by any act or omission of the party (see remco industries home co-operative society vs. lakshmeesha & ors. - air 200.sc 3167). nor is it ..... in a suit on account, has not the lower appellate court acted contrary to sec.34 of the indian evidence act in ordering remand and granting opportunity for its corroboration by adducing further evidence? (iv) has the lower appellate court acted illegally in overlooking the mandate of order xli, rule 24 of the .....

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Jan 31 2013 (HC)

K.N.Unnikrishnan Vs. M/S.St.George Bankers and Kuries

Court : Kerala

Decided on : Jan-31-2013

..... as mandated under the act. plaintiffs have asserted that they have got such registration of the 1st plaintiff firm at cuttak also. maintainability of the suit as barred under section 69 (2 ..... section (4) of section 69 of the act with respect to firms or to partners in firms which have no place of business in the territories to which the aforesaid act extended. when that be so, a firm registered at jammu if it carries its business operations within the territories to which the indian partnership act, 1932 applies, has to get it registered ..... other contentions to resist the suit claim amending the original written statement, petitioners/defendants impeached the maintainability of the suit as barred under section 69 (2) of the partnership act, for short, the 'act'. plaintiffs thereupon produced documents to show that it has got registration not only in jammu and kashmir but also in cuttak, orissa. the issues relating to jurisdiction and ..... that the court has jurisdiction and also the suit is not barred under section 69 (2) of the act repelling the contentions of the petitioners/defendants, is challenged in the above revision.2. learned counsel for petitioners/defendants adverting to the partnership deeds which had been produced by the plaintiffs before the registrar of firms at jammu & kashmir, and also .....

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Nov 19 2013 (HC)

RadhA.N. Vs. Deepa Restaurant

Court : Kerala

Decided on : Nov-19-2013

..... arbitration and aconcilation act, 1996. the contention that there would be bifurcation of cause of action or ..... questions arising in or relating to the management and administration of the partnership business and any difference of opinion between the persons either as regards to any provision in the partnership deed or any other matters relating to the business shall be decided in accordance with the provisions of the indian arbitration act, which was then in force, which is presently replaced by the ..... afore quoted would show that there is an arbitration clause. now the question is whether the non production of the original partnership deed or a duly certified copy by the defendant who sought reference under sec. 8 (1) of the act is fatal and whether the impugned order liable to be set aside on c.r.p. no. 63 of 2012 -:5 ..... questions arising in or relating to the management and administration of the partnership business and any difference of opinion between the persons either as regards to any provision in this deed or any other matters relating to the business shall be decided in accordance with the provisions of the indian arbitration act then in force." one of the contentions vehemently advanced by the .....

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Oct 04 2013 (HC)

M.V.Mani Vs. State of Kerala

Court : Kerala

Decided on : Oct-04-2013

..... matters in dispute referred to the chartered accountant/arbitrator for adjudication. the proceedings of the chartered accountant/ arbitrator shall be governed by the provisions of the indian institute of chartered accountants act or indian arbitration act.2. it is stated that disputes and differences have arisen between the petitioner and the respondent, therefore it has become necessary to seek the appointment of ..... on both sides submitted that they have come to an agreement as regards the choice of the person to be appointed as arbitrator. referring to clause 15 of the partnership deed, the learned counsel submitted that a practicing chartered accountant or any one else can be the arbitrator, that the dispute between the parties can be referred either to ..... that, he has appointed sri.v.p.radhakrishnan, m/s.kumar and krishnan, kadavanthra, jawahar nagar, a practicing chartered accountant as the arbitrator invoking clause 15 of the partnership deed to adjudicate and resolve all the disputes between the parties. the records discloses that thereupon the petitioner caused annexure-a5 notice to be issued suggesting the name of another ..... to appoint a retired district judge as the sole arbitrator to settle all the disputes and accounts between the petitioner and the respondent in accordance with the terms of the partnership agreement and to undertake sale, division and distribution of the assets of the firm. the petitioner and the respondent are the partners of a firm which was carrying .....

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Oct 04 2013 (HC)

Susan Mary John Vs. Sindhu Ranjith

Court : Kerala

Decided on : Oct-04-2013

..... matters in dispute referred to the chartered accountant/arbitrator for adjudication. the proceedings of the chartered accountant/ arbitrator shall be governed by the provisions of the indian institute of chartered accountants act or indian arbitration act.2. it is stated that disputes and differences have arisen between the petitioner and the respondent, therefore it has become necessary to seek the appointment of ..... on both sides submitted that they have come to an agreement as regards the choice of the person to be appointed as arbitrator. referring to clause 15 of the partnership deed, the learned counsel submitted that a practicing chartered accountant or any one else can be the arbitrator, that the dispute between the parties can be referred either to ..... that, he has appointed sri.v.p.radhakrishnan, m/s.kumar and krishnan, kadavanthra, jawahar nagar, a practicing chartered accountant as the arbitrator invoking clause 15 of the partnership deed to adjudicate and resolve all the disputes between the parties. the records discloses that thereupon the petitioner caused annexure-a5 notice to be issued suggesting the name of another ..... to appoint a retired district judge as the sole arbitrator to settle all the disputes and accounts between the petitioner and the respondent in accordance with the terms of the partnership agreement and to undertake sale, division and distribution of the assets of the firm. the petitioner and the respondent are the partners of a firm which was carrying .....

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Aug 21 2013 (HC)

T.V.Raphel Vs. State of Kerala

Court : Kerala

Decided on : Aug-21-2013

..... committed by the accused. a5 willfully avoid her contentions and proceeded and used the forged deposition as genuine and got the partnership deed of aramana bar and restaurant reconstituted in an illegal and unlawful manner excluding smt.murugar selvi and her minor child dhina eswar being the legal heirs of the deceased ..... selvi w/o.late e.satheeshkumar, 144-145, dpf street, papanaicker palayam coimbatore is prepared by the accused to the effect that she is willing to opt out from the partnership of aramana bar and restaurant, thrissur, where her husband e.satheeshkumar had 45% of share. on knowing this, de facto complainant murugar selvi approached a5 and communicated the forgery ..... assistant excise commissioner, thrissur and as such being public servants, with an intention to drop out deceased e.satheeshkumar, husband of the de facto complainant murugarselvi from the reconstitution of partnership of aramana bar and restaurant, thrissur through forged declaration dated 30.09.2004, through corrupt and illegal means, by abusing their position as public servants, for pecuniary crl.m.c ..... , cheating and using the forged documents as genuine and thereby committed the offences punishable u/s 13(2) r/w 13(1)(d) of pc act 1988 and section 420, 468, 471 and 120(b) ipc." 3. i have heard the learned senior counsel appearing for the petitioner and also the learned public prosecutor.4. it is contended by the petitioner that .....

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Oct 09 2013 (HC)

Leading Loans Vs. D.L.Walton

Court : Kerala

Decided on : Oct-09-2013

..... and order of acquittal, which is in favour of a5, challenged in this appeal.2. the case of the appellant/complainant is that, the complainant is a partnership firm dealing with stock and shares of various companies, and a1 is a company engaged in the business of purchase and sale of stock and share of various ..... this the 09th day of october, 2013 judgment the appellant is the complainant in a prosecution for the offence punishable under section 138 of the ni act and section 420 r/w 34 of ipc. the learned magistrate by his judgment dated 19.6.2002 in c.c.no.225 of 1994 has found that out of the eight ..... is correct and legal in his finding that the complainant has failed to prove that a5 has committed the offences punishable under section 138 of the ni act or section 420 r/w 34 of ipc.8. in a recent decision reported in state of rajasthan v. darshan singh @ darshan lal (2012 (4) supreme 72), the apex court ..... the trial court has finally found that the complainant has failed to prove that a5 has committed the offence punishable under section 138 of the ni act or under section 420 r/w 34 of ipc. accordingly, a5 is acquitted for the said offences. while a7 is acquitted for the offence crl.a.no.246 of 2008 :-3-: ..... was sent, the amount was not paid and thus the accused 8 in numbers have committed the offence punishable under section 138 of the ni act and under section 420 r/w 34 of ipc. during the trial of the case pws.1 and 2 were examined and exts.p1 to p14 were marked. during the trial, only .....

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Jan 17 2013 (HC)

M/S.P.P.Abdul Khader and Co. Vs. the Commissioner of Income Tax

Court : Kerala

Decided on : Jan-17-2013

..... dated this the 17th day of january, 2013 judgment heard the learned counsel for the petitioner and the learned standing counsel for the respondents.2. petitioner is a partnership firm of four partners engaged in civil and electrical contract works. concerning the assessment year 1995-96, return was filed by the firm on 28/9/95. ..... 2nd respondent giving effect to ext.p6.5. aggrieved by exts.p8 and p9, petitioner filed ext.p11 revision under section 264 of the income tax act with an application to condone the delay. that revision was dismissed by ext.p12 order. in ext.p12 order, it is held that the assessment evidenced by ..... due as per exts.p5 and p6. however, without any further notice, by ext.p8 order, the assessing officer completed the assessment under section 144 of the act determining the total taxable income at `1,36,500/-. consequently, ext.p9 order was passed under section 154 and ext.p10 order was also passed by the ..... the return was processed under section 144 of the income tax act and the taxable income was determined at `35,930/-. subsequently, they were issued ext.p4 notice dated 11/9/96 under section 143(2) of the ..... act requiring them to attend the office of the assessing officer to clarify the points mentioned therein.3. accordingly, the petitioner appeared and was also heard. .....

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