Court : Kolkata
Decided on : Dec-17-2013
..... rudradeb chowdhuri, appearing for the proposed defendants, on a query from the court, fairly submitted that the respondent no.1 was a partnership firm duly registered under the indian partnership act, 1932 and that the defendant nos.2 to 4 were the partners of the defendant no.1 and, that apart from the defendant ..... corporation proceeded on the basis that ball roll corporation was a partnership firm. both the appellant/plaintiff as well as ball roll corporation were assessed by the central excise authorities on the transactions between them. ..... filed the suit claiming that sums remained outstanding due and payable by ball roll corporation to it. ball roll corporation admittedly was a registered partnership firm of which the proposed defendant nos.2 to 4 were partners.before the revenue authorities the appellant/plaintiff as well as the ball roll ..... sole proprietorship firm of gopal rathi (a person who was not a partner of the firm) be allowed to be correctly described as a partnership firm of the defendant no.2 to 4 by the application for amendment when the claim of the plaintiff was contended to be barred by ..... , would change the nature and character of the suit. the amendments, if allowed, would convert a suit against a proprietorship concern to one against a partnership firm. he relied on all india reporter 1953 supreme court page 455 (the commissioner of income tax, west bengal v. m/s.a.w.figgis .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-17-2013
..... of the private respondents, however, it has been submitted that the licence in this case was granted in favour of a partnership firm and under the provisions of section 42 of the indian partnership act, 1932, the firm stood dissolved on death of said madhusudan dey. the aforesaid provisions stipulates:- 42. dissolution of the happening ..... the documents which are required to be filed on behalf of the firm. on the other hand, under section 18 of the partnership act 1932, each partner of the firm is entitled to act as agent of other partner/partners. 7. on the same issue, there is an authority of this court (w.p. ..... of the food & supplies department, government of west bengal, for revalidation or renewal of the licence, which was originally issued in the name of the partnership concern. in such circumstances, the writ petitioner s prayer to allow her to continue to run the fair price shop under amherst street sub-area in ..... in existence so long as the will of those individuals to remain joined as partners subsists. in the absence of such will to continue with the partnership agreement, the same shall stand dissolved automatically. in the facts of the instant case, as observed hereinbefore, the legal heirs of the deceased partner ..... no.4443 (w) of 2011 godabari devi vs. the state of west bengal & ors. decided on 08.02.2013) and in this judgment it has been held:- a partnership concern, .....Tag this Judgment!
Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on : Aug-16-2013
..... 2007 restraining the ops from disconnecting the service line in question was made absolute . the complaint case, in brief, was as follows: the complainants are partners of an unregistered partnership firm running a rice mill business for which an industrial electric connection was obtained from wbsedcl (former wbseb) .the complainants used to pay electric bills on the basis of ..... burnt on 20.12.2006 and 4283 units being shown in the new meter installed on 04.01.2007 . it was also submitted that in terms of provisions of the indian electricity act 2003 read with the provisions of the west bengal (electricity supply code ) 2004 , a complaint against any bill ought to have been lodged before the designated officer or ..... there having all remedies including appeal, consumer forum shall not invoke jurisdiction to decide such cases. moreover, the complainant not being a consumer under the provisions of the consumer protection act as he is running a huge industrial unit , exclusively for commercial purpose and enjoying electricity for such commercial purpose , the complaint should have been dismissed by the ld. ..... op/ appellant. ld. advocate appearing for the appellant submitted that the nature of complaint is such as should be decided by the appropriate authority as provided under the electricity act 2003 read with the provisions of the west bengal electricity regulatory commission (guidelines for establishment of forum for redressal of grievances of consumer and time and manner of dealing .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-21-2013
..... and in particular by press, by circulars, by purchase and of art, by publication of books and periodicals, by granting of prizes, rewards and donations, etc. (2) to enter into partnership or into any agreement for sharing of profits and losses, or joint ventures, reciprocal concessions or otherwise, with any person, firm or company carrying on or engaged in or about ..... behari ram & anr. vs. westinghouse saxby farmer ltd.)6) air 198.sc 84.(the managing director, u.p.warehousing corporation and others vs. narayan vajpayee)7) 1996 cwn 79.(director, indian association for the cultivation of science, jadavpur & ors. vs. ashoke kumar roy & ors.)8) (1991) 1 calcutta law times 300 ( sri anupam ghosh vs. union of india and ors.) in ..... the garden. although mr. ghosh submitted the charges are admitted by the petitioner but a plain reading of reply dated 10th january, 2004 indicates otherwise. accordingly the respondent s authorities acted contrary to all norms and procedures as well as in violation of principles of natural justice. therefore, the impugned decision taken by the corporation as communicated in their letter dated ..... and plays a very important role to come to a conclusion whether the corporation is an merely authority a under registered article company 12 of under the the constitution companies act or is 1956 controlled and managed independently by its board of directors. it appears from these aforementioned documents that the corporation corporation ltd. is being a the company west .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-27-2013
..... respondent no.41 to purchase the textile unit of respondent no.40 and respondent no.41 being a joint family company it acquires the characteristics of qua partnership, therefore an order of injunction be passed restraining the respondent no.40 from dealing with its assets on the undertaking that the proceedings filed shall be withdrawn ..... 40 that the moneys were raised by the respondent no.5, in fact such sums was paid by the respondent no.41 which is a company qua partnership in which the petitioner has a right. therefore orders be passed as sought. that moneys was paid by respondent no.41 to the respondent no.40 ..... filed in may, 2012. therefore the charge of disclosing the documents filed before the conciliator cannot be levelled against the petitioner. section 77 of the 1996 act permits the filing of judicial proceedings for protection of one s right and that is all that has been done. although it has been alleged by the ..... conciliator, respondent no.40, specifically informed the conciliator that the respondent no.40 was not a party to the said conciliation. section 75 of the 1996 act provides for all documents disclosed before the conciliator to be confidential. the mode of partition has been specified in paragraph 74 of the petition wherein it has ..... any, be filed within two weeks thereafter. matter to appear in the list four weeks after the long vacation. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (patherya, j.) tr/pkd. a.r.[c.r.]. .....Tag this Judgment!