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Judgment Search Results Home > Cases Phrase: indian partnership act Court: kolkata Year: 1960 Page 1 of about 11 results (0.033 seconds)

Jun 15 1960 (HC)

Pannalal Paul and ors. Vs. Sm. Padmabati Paul and ors.

Court : Kolkata

Decided on : Jun-15-1960

Reported in : AIR1960Cal693,64CWN816

..... partner who is willing to take them at a valuation fixed by the court and that the proceeds be applied for the purposes mentioned in section 46 of the indian partnership act. in syers v. syers, (1876) 1 ac 174 at 183-4, lord cairns, l. c., observed: 'my lords, it is very true, as ..... the other partners to insist that the assets of the dissolved firm be applied in accordance with the provisions of sections 46 and 48 of the indian partnership act. each partner has for that purpose a general lien over the assets of the dissolved firm. by the award in this case the appellants have ..... payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners according to their rights. section 48 of the indian partnership act provides for the mode of settlement of accounts between the partners and for the order of the application of the assets of the firm on its dissolution ..... the powers conferred on the arbitrators by the order of reference and is also erroneous in law on the face of it. by section 46 of the indian partnership act, on the dissolution of the firm, every partner is entitled, as against all the other partners, to have the property of the firm applied in ..... by mr. sen therefore fails. 4. mr. sen next contends that the award is in contravention of sections 46 and 48 of the indian partnership act inasmuch as the entire assets of the dissolved firms have been allotted to the appellants without providing for payment of the liabilities of the dissolved .....

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Mar 25 1960 (HC)

Bhikamchand Bagri, Calcutta Vs. Commissioner of Income-tax (Central), ...

Court : Kolkata

Decided on : Mar-25-1960

Reported in : AIR1960Cal681,[1962]44ITR746(Cal)

..... the high court in dealing with such points is the same as in dealing with pure points of law'.9. under section 66 of the indian income-tax act the appellate tribunal can be required to refer questions of law arising out of their order. on such a reference the findings of fact by ..... the order of the tribunal that those shares were stock-in-trade after 21-2-1940 is therefore final in view of section 33(6) of the indian income-tax act. the commissioner must be regarded as having accepted that part of the decision of the tribunal ; see commissioner of income-tax, west bengal v. messrs. ..... 40 was justified in law'.2. this reference is made pursuant to an order passed by the high court under section 66(2) of the indian income-tax act on the application of the assessee. the commissioner of income-tax did not ask the tribunal to state a case on the question whether the ..... between persons who have agreedto shares the profits of a business carried on by ail or any of them acting for all. now an individual may carry on business and may do many other things but a partnership comes into existence only for the purpose of carrying on business, see inderchand hariram v. commissioner of ..... -1940. the partnership deed recites that the partnership came into existence on the ramnavami day in the year 1938, that is to say, at the commencement of the samvat year 1995. the hindu undivided family made an application to the income-tax officer under section 25a(1) of the indian income-tax act for recording the .....

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Aug 24 1960 (HC)

Satya Narayan Khan Vs. Income-tax Officer, Calcutta, and Others.

Court : Kolkata

Decided on : Aug-24-1960

Reported in : [1962]46ITR920(Cal)

..... admission of satya narayan must be taken as a whole and it that is done, then it would be clear that after the discontinuance of the partnership business satya narayan started a new business on his own account and that business had no relation to the old business of the unregistered firm. ..... a separate and independent business unconnected with the previous business of the unregistered firm and so he should not be regarded as a successor to the partnership firm.in the above connection we may refer to an order passed by income-tax officer on 28th march, 1952, in connection with the assessment ..... narayan khan kali charan sadhukhan bepin behary tat', which carried on business in various kinds of oil, in premises no. 49, strand road, calcutta. the partnership firm was dissolved in baishak 1354 b.s., corresponding to sometime in april, 1947. after the dissolution of the firm the income-tax officer made an ..... assessment on the firm for the income-tax year 1946-47 under section 23(4) of the indian income-tax act. this assessment was completed, on 28th february, 1951, and a sum of rs. 31,000 was assessed as being payable by the firm. ..... gupta in negatived by several salient facts. the plaintiff-appellant had himself been a partner of the old business. that partnership was dissolved in april, 1947, corresponding to baisakh 1354 b.s. the partnership firm carried on business in various kinds of oil in premises no. 49, strand road, calcutta. according to his .....

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Feb 11 1960 (HC)

K.G. Kalwani Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Feb-11-1960

Reported in : AIR1960Cal430,64CWN765

..... a sum of rs. 25,547/6/- as compensation for non-delivery of certain goods entrusted to the then east indian railway, which was a state railway. it appears that the appellant, which is a partnership firm and carries on business at 59. cross street, calcutta and also at chandari and kanpur, delivered to the ..... at no. 17 netaji subhas road, calcutta. as the goods were not delivered to the appellant the tatter after giving notice under section 77 of the indian railways act and section 80 of the code of civil procedure filed a suit in this court on 14th july, 1950. no leave under clause 12 of the ..... word 'business' observed:'but we are disposed to hold that the context in which the word has been used in section 18(b), presidency small cause courts act, section 20, civil p. c. and clause 12 of the letters patent, requires that this word should not be construed in such a wide and ..... 'carry on business or personally work for gain in india' while construing that expression in section 4 of the displaced persons (institution of suits), act, 1948. on the same act but on the concept of state carrying on business a division bench of this court in : air1959cal281 , a bench of which i was a member ..... .'6. although this was a case in which the provisions of article 14 of the constitution and the provisions of the u.p. state road transport act; came up for consideration, the observation quoted above is pertinent to the question at issue and provides an effective answer to the contention which has been .....

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Mar 22 1960 (HC)

Union of India Vs. Satyanarayan Khan and Others.

Court : Kolkata

Decided on : Mar-22-1960

Reported in : [1961]42ITR42(Cal)

..... liable to the utmost farthing of his property for the debts and engagements of the firm. mr. meyer submitted that there is nothing in the partnership act which would prevent the creditor of a firm from realising his dues from the assets of partner of the firm. regard being had to the provisions ..... it is at least clear the income-tax officer placed the matter before the certificate officer under section 46(2) of the income-tax act, the fact of dissolution or discontinuance of the partnership was brought to his knowledge. the certificate officer prepared and filed the certificates in the name of the dissolved firm. when the matter, however ..... admitted. there was firm of the name and style of messers. 'satyanarayan khan-kalicharan sadhukhan' which carried on business in various kinds of oil. this was a partnership firm of which the component members were plaintiff satyanarayan khan, kalicharan sadhukhan and bepin behari tat. the firm was as unregistered one. by the income-tax authorities this ..... need only refer to the case of bhagwanji morarji goculdas v. alembic chemical works co. ltd. where it has been laid down by the privy council that indian law has not given legal personality to a firm apart from the partners. this view finds support from and is implicit in the observations made by this court ..... renupada mukherjee, j. - the union of indian is appellant in this appeal. the appeal is being resisted by responded, satyanarayan khan, who was the sole plaintiff in the trial court. the suit .....

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Sep 02 1960 (HC)

Jagadish Chandra Sikdar Vs. Sm. Santimoyee Choudhuri

Court : Kolkata

Decided on : Sep-02-1960

Reported in : AIR1961Cal321,65CWN113

..... , over certain sums of money payable to the plaintiff out of the partnership business. the disputes were referred to arbitration and under the award the plaintiff became entitled to receive a sum of rs. 2500/- by way of principal and interest.3. according ..... , calcutta, deciding an issue as to territorial jurisdiction of the court against the defendant2. the defendant, jagdish chandra sikdar and his sister nanibala kundu used to carry on business in partnership at cuttack, under the name and style of messrs. graduate friends. jagdish chandra's daughter was married to the plaintiffs son. dispute arose between the parties above named, inter alia ..... being disputed before us at the instance of the defendant.9. mr. pankaj coomar ghosh, learned advocate for the defendant petitioner, contended before us that section 49 of the indian contract act did not apply to negotiable instruments. therefore, that court only has jurisdiction to entertain a suit on promissory note where the maker of the promissory note resided or where the ..... intention is shown in the contract that payment should be made in rangoon. accordingly, part of the contract was performable in rangoon so as to satisfy section 49 of the indian contract act, and there was jurisdiction to entertain the suit.'28. from the examination of the case laws on the point, it appears that no body, excepting lort williams j., has .....

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May 17 1960 (HC)

Lawang Tahang Vs. Goenka Commercial Bank Ltd.

Court : Kolkata

Decided on : May-17-1960

Reported in : AIR1961Cal144,[1961]31CompCas45(Cal),64CWN828

..... e) nor am i satisfied that there should be no winding up order because other remedies such as an application under section 398 of the indian companies act, might be available to the share-holders. under section 443(2)'where the petition is presented on the ground that it is just and ..... observed that 'a case might occur where the court would be willing to give under the act to a minority of share holders the species of relief that sometimes is given in cases of ordinary partnership when it becomes impossible to carry on the business any longer. if it were shown to ..... relating to objects, contained numerous paragraphs not specifying or delimiting the proposed trade or purpose, but confusing power with purpose and indicating every class of act which the corporation was to have power to do. he suggested that it was desirable to amend the law relating to joint stock companies so that ..... had become impossible, i apprehend that the court might either under the act of parliament or on general principles order the company to be wound up ..... the court that the whole substratum of the partnership, the whole of the business which the company was incorporated to carry on, .....

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Nov 17 1960 (HC)

Manick Chand Bagri Vs. Chartered Bank and anr.

Court : Kolkata

Decided on : Nov-17-1960

Reported in : AIR1961Cal653

..... the evidence on the record establishes the following facts: originally the defendant dawoodayal kothari and one kastur chand kothari used to carry on a business in co-partnership under the name and style of sadasukh gambhirchand in bombay. kastur chand kothari thed on the 19th january, 1950. on the 3rd february, 1950, when ..... the gunny-department and that he had no authority to accept hunthes. the evidence shows that the gaddi of manick chand bagri was run on the indian style. the gaddi was located in a big hall and the entire work used to be transacted under the supervision of the master who used ..... paragraph insists that words of acceptance or importing acceptance must be used before the signature can come within the third paragraph of section 7 of the act. no such limitation is imposed in the statute. signature by itself, on the facts of a particular case, without anything more may be the ..... on the bill and is signed by the drawee and that the mere signature of the drawee without additional words is sufficient. in the meantime, the negotiable instruments act was enacted in 1881. the section was considered by the supreme court in jagjivan mavji v. ranchhoddas meghji, : [1955]1scr503 . in that case, venkat ..... and 46 vict. c. 61). but the provisions of section 17(2)(a) of the bills of exchange act, 1882, are declaratory of the existing law. i am satisfied that on this point, the indian law does not differ from the english law. section 7 requires that in order to become an acceptor, the .....

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Jan 04 1960 (HC)

Alfred Morris Deane Vs. Commissioner of Police, Calcutta and ors.

Court : Kolkata

Decided on : Jan-04-1960

Reported in : AIR1960Cal664,1960CriLJ1432,64CWN348

..... czechoslovakian circus' it is not as if the permit has been granted to a foreigner. it has been granted to a partnership firm known as messrs. a. l. chopra which is a partnership firm consisting of indian citizens. the complaint is that mr. a. l. chopra, who is a partner of this firm, is being ..... circus show.'4. in or about january, 1959 the commissioner of police, calcutta granted a license or permission to messrs. a. l. chopra a partnership firm, to use a portion of the maidan opposite to the museum and by the side of the monohar das tank, to be used for the ..... i should state briefly how the matter stands : the stretch of land surrounding the fort william, more popularly known as the maidan, belongs to the indian union. except for the area comprising the fort william and the victoria memorial, the rest of the maidan has been entrusted to the state government for ..... connection with the application for permission, has been produced, counter-signed by the general officer commanding, fort william. learned counsel appearing on behalf of the indian union states that the general officer commanding approves of such permission to be granted. this plan, with such endorsement, has been directed by me to be ..... the maidan and also a writ in the nature of quo warranto calling upon, the said commissioner of police to exhibit the authority under which he acted in purporting to grant permission or licence to the respondent no. 3 to hold a circus and for an injunction restraining the respondent no. 3 .....

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Jan 04 1960 (HC)

Trilok Nath Mehra Vs. Commissioner of Police, Calcutta and ors.

Court : Kolkata

Decided on : Jan-04-1960

Reported in : AIR1960Cal668,64CWN1017

..... although his application for holding a circus show has been turned down, the commissioner of police has granted permission to messrs. a. l. chopra, a partnership firm, to hold the ''czechoslovakian state cirqus' on a part of the maidan adjoining the fort proper. hence this application has been made. with regard ..... legal right', enabling the petitioner to apply for a writ in the nature of mandamus, because such right has been affected. the maidan belongs to the indian union. as a matter of good government, it is allowed to remain as an open-space and constitutes the 'lungs of the city'. hitherto, commercial ..... of others or is not contrary to law.'6. in another part of the judgment, the learned chief justice points out that even if the acts of the executive are illegal, in the sense that they were not warranted by law, no fundamental right of the petitioners had been infringed thereby ..... has also drawn my attention to the provisions of article 298 of the constitution. actually, this article came in by way of the constitution (7th amendment) act, 1956 as a result of the allahabad case mentioned above. it lays down that the executive power of the union, and of each state, shall extend ..... we think that we may reasonably infer that the words 'executive power' in the constitution, have substantially the same meaning as 'executive authority' in the act of 1935 and that it is the superintendence, direction and control of the civil government of a state which is vested in the governor of the state .....

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