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Judgment Search Results Home > Cases Phrase: indian partnership act Court: kolkata Year: 1999 Page 1 of about 8 results (0.040 seconds)

Dec 07 1999 (HC)

Cityscape Developers Pvt. Ltd. Vs. Alka Builders Pvt. Ltd.

Court : Kolkata

Decided on : Dec-07-1999

Reported in : (2000)1CALLT346(HC)

..... is said that ultimately the relief was for accounts and to a share in the profits. according to the respondent no. 1 section 47 of the partnership act provided for this. reference is also made to an order passed in another appeal on 18th mary, 1999 where the only question which has been left to the arbitrators is ..... the respondent no. 1 in its application under section 9 at all. even if it were held to be a partnership then the suit would not be maintainable because of section 69 of the partnership act. finally it is contended that the assets of a partnership whether moveable or immoveable can be treated as moveable, only when there was an action for dissolution of ..... has joined with other individuals or corporations within the corporate framework in some specific undertaking.'in that case it was found :'the company is in the nature of a partnership between the indian group of companies and the singapore based company who have jointly undertaken this commercial enterprise wherein they will contribute to the assets and share the risks.'34. how far ..... the principles of partnership law will be applicable to the joint venture in question is a moot point.35. in smt. smrti jaiswal v. romi jaiswal : air 1999 cal 124, ansarl .....

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Mar 04 1999 (HC)

Smt. Smriti Jaiswal and anr. Vs. Romi Jaiswal and anr.

Court : Kolkata

Decided on : Mar-04-1999

Reported in : AIR1999Cal123

..... advocate for the defendants no. 2 and 3 have to be looked upon and considered in the light of the relief claimed by the plaintiff under section 44 of the partnership act which lays down that court can dissolve the firm on the grounds mentioned in the various clauses thereunder and perhaps in relation to the interlocutory reliefs claimed by the plaintiff ..... pleadings that intimation of opening of any branch office at ranchi was given to the registrar of firms as required under section 61 of the partnership act. it cannot, therefore, be said that the business of the partnership is not controlled from the registered office of the firm.49. an objection as to the maintainability of the appeal was sought to be raised ..... dissolved or it is required to be dissolved and the reliefs that are required to be claimed which are dissolution for partnership and for accounts (see md. hassen hashmi v. kaberi roy, : (1993)2callt3(hc) ).12. section 43 of the partnership act provides that if the firm is at will, it can be dissolved by the partner or partners by giving, notice in ..... 3a, madan street, calcutta and also at 9, burdwan compound, ranchi, bihar where the cinema theatres, belonging to the firm, were located. the firm maintains bank account inter alia with indian overseas bank, chowringhee branch, at 9, c. r. avenue, calcutta.5. the said aswini kumar jaiswal, it is stated, died in a road accident in bihar on or about october .....

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Oct 13 1999 (HC)

Birendra Nath Manna and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Oct-13-1999

Reported in : (2000)2CALLT105(HC),2000(1)CHN173

..... to their statements made in the affidavit-in-opposition showing as to how absurd low valuations were being shown as apparent value thereof which necesslted enactment of the said act.9. indian stamp act, 1899 was enacted with a view to consolidated and amend the law relating to stamps.10. entry 44 of list iii of the 7th schedule of the constitution of ..... consideration stated in the instrument, whichever is higher.'57. in exercise of the said power as also the power conferred upon it under sections 27,- 47a and 75 of the indian stamp act, the state made the rules known as west bengal stamp (prevention of under-valuatlon of instruments) rules, 1994 (hereinafter referred to as the 'said rules').58. rule 3 of ..... intended to convey same properties which required registration, the consideration wherefor was fixed at rs. 1,80.000/-. however, in view of the provisions of section 47a of the indian stamp act and the rules framed thereunder, the market value of the property was fixed at rs. 5,65,000/- and the registering authority directed them to pay the deficit stamp duty ..... : air1988guj29 , p.r. gokulakrlshnan, c.o. speaking for the division bench, interpreted section 32a of the bombay stamp act which is in the following terms :--'32-a(1)--if any officer registering under the registration act, 1908, an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney or any person referred to in section 33, before whom such instrument .....

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Oct 14 1999 (HC)

M/S. Ram Kumar Radheshyam Kedia Vs. M/S. Subrata Sasmal and Co. (Pvt.) ...

Court : Kolkata

Decided on : Oct-14-1999

Reported in : (2000)1CALLT572(HC)

..... object of the provisions for winding up would be frustrated if the proceedings for winding up are stayed mechanically under section 34 of the indian arbitration act, when the application for winding up is still not heard and the court has not yet gone into to find out whether the debt ..... learned counsel for the company stressed the argument that there was no clear admission of liability by the company to pay the debt to the partnership firm and that being so, the dispute was there although the details of the dispute were not there. 1 am unable to follow this ..... take recourse to arbitration proceedings. this does not however mean that merely because the party filed an application under section 34 of the arbitration act and shows to the court that an arbitration agreement exists between the parties, the court without considering whether the respondent-company has established any ..... in the facts and circumstances of the case. while considering such question and the scope of the application under section 34 of the arbitration act 1940 in the light of the aforesaid observations the learned company judge shall also take into consideration the objections of the appellant-petitioning creditor ..... with regard to the maintain-ability of the application under section 34 of the arbitration act 1940 on the ground as advanced by the appellant that the respondent-company had taken steps in the proceedings in the winding up application .....

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Oct 13 1999 (HC)

Paresh Chandra Saha Vs. Prakash Chandra Das and anr.

Court : Kolkata

Decided on : Oct-13-1999

Reported in : (2000)1CALLT388(HC)

..... may indicate about the involvement of defendant no. 1, prakash chandra das or of the paresh chandra saha. in any event at any period of time no partnership business was created between myself and the defendant no. 1 as alleged. (b) 'home washing powder' cannot be the same or identical to 'super home ..... it further appears that prima facie the appellants had been using logo and sticker which are deceptibly similar to logo which is registered under the copyright act and the sticker user by the plaintiff respondents for a long time.'14. upon consideration of the decision of the supreme court in amrttdhara pharmacy v ..... a passing off action is well known. while the plaintiff proves that infringements of a trade mark which has been registered under the trade and merchandise act has been committed as a result whereof he has a right to use it exclusively, he is entitled to temporary order of injunction. however, the ..... a' to the opposition, the undertaking appears to be limited only to the extent of non-user of same formula for production of detergent washing powder but act not to the user of name 'home'. (c) ramesh chandra saha being one of the partners as alleged in annexure 'a' to the opposition, ..... top of the said brand name. in the year 1983 the said establishment for the said product was registered under the west bengal shops & establishments act. the defendants claimed themselves to be absolute owners of the said business. it is the case of the defendant that in fact in 1997 they discovered .....

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Dec 14 1999 (HC)

All Bengal Rickshaw Union and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Dec-14-1999

Reported in : (2000)2CALLT72(HC),2000(1)CHN199

..... of the right and interest of the members of the association. it is well-known that an association, a body corporate, a trust, idol, a partnership, a company, a statutory body cannot run suo motu but by the process of action of the human being who are part and parcel of it. ..... for a period not exceeding 14 days :provided that such owner and such licenced driver shall be subject to all the provisions of this act, for any act done or omitted to be done by such driver directing such employment. in like manner as if such driver had been duly licensed.21. ..... police authorities. they are destroying the rickshaws and taking measures as against the pullers.7. under sections 35 and 36 of the calcutta hackney-carriage act. 1919 the authorities have been empowered to take penal action against both owner and puller for not having the pullers licence.8. several representations were ..... the authority before 1950 and since then no single licence was issued to any person pursuant to their respective applications.3. the calcutta hackney-carriage act provides for licence for pulling the rickshaw and pursuant to the same as may as 24,000 rickshaw pullers obtained driving licence from the licensing ..... the nature thereof commending the respondents to issue and/or renew pullers licence to the applicants in pursuant to the provisions of calcutta hackney-carriage act within a short period from the date of the application upon rejecting the impugned order dated 4th may, 1998. in addition thereto the petitioners .....

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Nov 01 1999 (TRI)

income-tax Officer Vs. Calcutta Medical Research

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Nov-01-1999

Reported in : (2000)75ITD484(Kol.)

..... . it may be mentioned that when a foreign engineer deputed by the foreign company to supervise a project in india is not an employee of the indian company but that of the foreign company as per the ratio laid down by the jurisdictional high court in cit vs. west bengal state electricity board ..... there is no relationship of the master and servant among the partners. but the aop, i.e., the partnership firm creates the relation to share the profit of a business carried on by all or any of them acting for all lakshminarayan ram gopal & son ltd. vs. government of hyderabad (1954) 25 itr 449, 460 ..... the year of account for serving with several film companies and the contracts were to the effect that her services were lent for the purposes of acting in different films at a certain remuneration fixed in the contracts, and she was completely free, after her contracts with the film companies were carried ..... (1987) 166 itr 507 (cal). similarly, the distinction was made between the servant and independent contractor. a servant acts under the direct control and supervision of his master, and is bound to conform to all reasonable orders given to him in the course of his work; ..... at source.during the assessment year under consideration, the assessee has distributed rs. 1,33,68,152 without tds as required under s. 192 of the act. for not fulfilling the obligation, the ao imposed the penalty about 50 per cent on the institute. in first appeal, the cit(a) has deleted .....

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Nov 01 1999 (HC)

income Tax Officer Vs. Calcutta Medical Research Institute

Court : Kolkata

Decided on : Nov-01-1999

Reported in : [2001]75ITD484(Cal)

..... relationship of the master and servant among the partners. but the association of person, i.e., the partnership firm creates the relation to share the profit of a business carried on by all or any of them acting for all lakshminarayan ram gopal & son ltd. v. government of hyderabad : [1954]25itr449(sc) ..... 7. it may be mentioned that when a foreign engineer deputed by the foreign company to supervise a project in india is not an employee of the indian company but that of the foreign company as per the ratio laid down by the jurisdictional high court in cit v. west bengal state electricity board : ..... of account for serving with several film companies and the contracts were to the effect that her services were lent for the purposes of acting in different films at a certain remuneration fixed in the contracts, and she was completely free, after her contracts with the film companies were ..... [1987]166itr507(cal) . similarly, the distinction was made between the servant and independent contractor. a servant acts under the direct control and supervision of his master, and is bound to conform to all reasonable orders given to him in the course of his ..... . during the assessment year under consideration, the assessee has distributed rs. 1,33,68,152 without tds as required under section 192 of the act. for not fulfilling the obligation, the assessing officer imposed the penalty about 50 per cent on the institute. in first appeal, the commissioner (appeals .....

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