Skip to content


Judgment Search Results Home > Cases Phrase: indian partnership act Court: madhya pradesh Year: 1960 Page 1 of about 8 results (0.052 seconds)

Apr 29 1960 (HC)

Bhawarlal Vs. Mathura Prasad

Court : Madhya Pradesh

Decided on : Apr-29-1960

Reported in : AIR1962MP141

..... partner, the first respondent would be entitled to the benefit conferred by section 37 of the indian partnership act.25. the learned counsel for the appellant further urged that the suit would be barred by time under article 106 of the indian limitation act, inasmuch as the partnership stood dissolved in diwali, 1954, while the present suit for dissolution was filed on 10-5 ..... 8-1946, the plaintiff-respondent 1, mathuraprasad was introduced as a partner and a deed of partnership of the same date (ex- p-1) was executed between the three partners. however, the partnership was not registered under the indian partnership act. the business was carried on in partnership till diwali of the year 1954 according to the appellant.3. the first respondent's allegation ..... in the plaint was that the partnership was never dissolved; and, as such, he filed a suit on 10-5 ..... -1928 for dissolution of the unregistered partnership and for taking accounts thereof.4. .....

Tag this Judgment!

Mar 02 1960 (HC)

Buddulal Goerlal Mahajan Vs. Shrikisan Chandmal

Court : Madhya Pradesh

Decided on : Mar-02-1960

Reported in : AIR1961MP57

..... of jointness based on the evidence of shrikishan. thus, the defendant really gets nowhere to the stage of getting the benefit of section 69 of the indian partnership act. (iii) applicability of section 30 of the indian contract act.13. from the earliest stage of the dispute, the defendant has been thinking of this, as is apparent from his telegram of the 1st april, already ..... courts should take notice on their own. so far, the proposition cannot be seriously questioned; but before we reach the position calling for the application of section 60 of the indian partnership act, the defendant has to dislodge the plaintiffs from the position they have taken as hindu joint family, which can be only on the basis of a finding of fact. 12 ..... the defendant, it is argued here that the plaintiffs will have to prove either that they constitute a joint family, or show that they are a firm registered under the indian partnership act and produce a copy of the certificate and the entry in the books of the registrar of firms. this, it is contended, need not be expressly pleaded, as section 69 ..... shares of the hukumchand mills. the points for decision generally are (i) whether the plaintiffs are really a hindu joint family concern, or a joint venture amounting to partnership attracting section 69 of the indian partnership act; (ii) whether the indore court or the court at dhar has got territorial jurisdiction; (iii) whether these forward contracts are of the nature of wagering contracts under .....

Tag this Judgment!

Aug 11 1960 (HC)

J.B. Mangaram and Co. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Aug-11-1960

Reported in : AIR1961MP96; [1960(1)FLR518]; (1961)ILLJ89MP

..... article 226 of the constitution of india is by a partner of a firm registered under the indian partnership act which is engaged in the business of manufacture of biscuits and confectionary. 2. the petitioner's manufactory at gwalior has been licensed under the factories act as a factory employing not more than five-hundred workers on any one day during the year ..... there are other undertakings to which it might have been applied. 7. for the foregoing reasons, we are of the view that the limitation on the applicability of the act to undertakings of biscuit and confectionery industry employing more than hundred workers does not bring about an unreasonable and arbitrary classification. consequently the notification issued by the opponent state on ..... discretion is not uncontrolled. the statute itself indicates with sufficient clarity the policy or principle for the guidance of the government in the matter of exercise of the discretion. the act, as is apparent from its preamble, is meant for regulating the relations of employers and employees and for the settlement of industrial disputes. it is not a measure dealing ..... there was thus an unreasonable and arbitrary classification between undertakings employing less than hundred workers and those employing more than hundred workers for the purposes of the applicability of the act. 4. in our judgment, the notification in question is not vulnerable to the objection put forward by the learned counsel for the petitioner. the principles by which the .....

Tag this Judgment!

Dec 09 1960 (HC)

Shrikrishan Moolchand Vs. Deokinandan Sardharam and ors.

Court : Madhya Pradesh

Decided on : Dec-09-1960

Reported in : AIR1961MP314

..... : (air 1951 nag 448), hidayatullah, j. (as he then was), and rao, j., observed :'where a sum of money is due to a partnership firm, such a sum can be recovered either in a suit brought by all the partners of the firm or in a suit filed in accordance with order ..... the representatives of the deceased partner were or were not necessary parties to a suit for the recovery of a debt which accrued due to the partnership in the lifetime of the deceased. the high courts of allahabad, bombay and madras decided that they were not necessary parties : see gobind prasad ..... mercantile custom and that the representatives of a deceased partner are not necessary parties to a suit for recovery of a debt which accrues due to a partnership in the lifetime of the deceased partner. the learned counsel for the plaintiff placed reliance upon mool chand v. mul chand, ilr 4 lah 142 ..... /- from the defendants 1 and 2 was dismissed on the ground that appeal was not maintainable for non-joinder of necessary parties.2. there was an unregistered partnership of shrikishan (plaintiff 1), gopikishan (father of plaintiffs 2 and 3) and bawalram called bawalram moolchand which, it was claimed, advanced, on 19th september, ..... (air 1923 lah 197), deoshi v. bhikamchand, air 1927 bom 125, and the following observations in the commentary of pollock and mulla on the indian contract act:'it seems to be the better opinion that the representatives of a deceased partner are not necessary parties to a suit for the recovery of a debt .....

Tag this Judgment!

Dec 09 1960 (HC)

Harkaran Ghasiram Agarwal Vs. Champalal Chhotelal Mahajan

Court : Madhya Pradesh

Decided on : Dec-09-1960

Reported in : AIR1962MP22

..... a statement accompanying and explaining his con-duet. that being so, it is relevant under section 8 of the evidence act. 5. the second point is that the contract of partnership was void, because its object was to work the forest contract in favour of dhannalal who had assigned it to ..... nimar district. that grass is used for extracting roosa oil which is a valued commercial commodity. the plaintiff alleged that he entered into a partnership with the defendant for the purpose of cutting roosa grass from the aforesaid jogibeda circle and extracting roosa oil therefrom, acquired the contract from ..... this appeal by the defendant is directed against the reversing decree of the lower appeal court for rendition of account of an unregistered and dissolved partnership. 2. the forest department gave to one dhannalal a forest contract for cutting and taking away in the year 1955 roosa grass from the jogibeda ..... inadmissible in evidence and was wrongly relied upon as supporting the existence of the partnership. the other is that since the object of the partnership was to work the forest contract in contravention of the rules made under the forest act, it was void. 4. on the first point relating to relevancy, it ..... the plaintiff and the defendant in contravention of the following rule framed under the indian forest act, 1878 ; 'rule 33 (1). all .....

Tag this Judgment!

Jan 25 1960 (HC)

Lala Har Bhagwandas and anr. Vs. Diwan Chand

Court : Madhya Pradesh

Decided on : Jan-25-1960

Reported in : AIR1960MP195

..... overruled, to conclude that the present petition is tenable.6. so far as the facts of this case are concerned, the applicants were carrying on business of motor transport in partnership with the non-applicant, diwanchand. they had executed agreements in favour of each other regarding the truck which was the subject-matter of this dispute. the said agreements were filed ..... , with the following observations:'in the above circumstances, i am of the opinion that the accused have not committed any offence under section 379 of the indian penal code or under section 4 of the debtors act. therefore, i hold the accused not guilty under any of the sections as alleged by the prosecution. i, therefore, acquit accused harbhagwandas son of ramduttamal ..... . and the other case decided by naik j. in air 1950 madh pra 75 (supra) decided by chaturvedi j., the accused had been prosecuted for an offence under section 454, indian penal code. they were acquitted of the offence and, it did not appear that any offence with respect to the property was committed; and, therefore, the property that was said ..... , of by the applicants. it was the non-applicant's case that the applicants forcibly took away the truck against his consent and thereby committed an offence under section 379, indian penal code. the applicants' defence was that the non-applicant handed over the truck to them voluntarily and there was no question of a criminal offence. on these contentions, the .....

Tag this Judgment!

Jan 19 1960 (HC)

Commissioner of Income-tax Vs. K.B. Sorabji Framji

Court : Madhya Pradesh

Decided on : Jan-19-1960

Reported in : AIR1960MP278; [1960]39ITR99(MP)

..... could be deduced from the assessment record. the present reference has been made after investigation of facts. the appellate tribunal has now observed that there are no partnership deeds of the two unregistered firms, that'the only relevant account books are those of the assessee through which all the receipts and expenses of both the ..... profits of the firm.while dealing with the case, the learned chief justice emphasized the distinction between a registered and an unregistered firm under the income-tax act and pointed out that when a firm is unregistered, the unregistered firm is the assessee and the firm itself is liable to pay tax and is assessed ..... the purpose of the business, profession or vocation. if, therefore, money is borrowed for the purposes of a business the profits of which are not assessable under the act, then no deduction can be claimed under clause (iii) in respect of interest on such borrowings. (see in re. provident investment co., air 1932 bom 94 ..... accordingly proceed to dispose of the reference.4. the assessee bases bis claim for deduction on clause (iii) of sub-section (2) of section 10 of the act. the provision is as follows:''10(1) the tax shall be payable by an assessee under the head 'profits and gains of business, profession or vocation' in ..... dixit, c.j.1. this reference under section 66(1) of the indian income-tax act relates to the assessment to income-tax of one sorabji framji kerawala as an individual. the question referred to for the decision of this .....

Tag this Judgment!

Sep 10 1960 (HC)

State of M.P. Vs. Bengal Nagpur Cotton Mills Ltd.

Court : Madhya Pradesh

Decided on : Sep-10-1960

Reported in : [1960]12STC333(MP)

..... be regarded as a dealer in relation to that commodity, and if he is not so regarded, he is not liable to be taxed under the act for any sale of the commodity effected by him.4. here, the business of the assessees is not of selling or supplying steel and cement in ..... ii. it does not again impose the tax on the mere sale or purchase of the goods specified in the schedules. what is taxable under the act is the sale of these goods which are effected by a dealer. the definition of 'dealer' shows clearly that every seller of a commodity is not ..... material supplied was rs. 66,396-7-3. the sales tax authority regarded the supply of material to the contractors as sale transactions taxable under the act and accordingly assessed the mills to sales tax on these transactions. the assessee unsuccessfully appealed to the sales tax commissioner. thereupon a revision petition was preferred ..... contractors, who were constructing buildings for the assessee-dealer, is a dealer within the meaning of section 4 of the c.p. and berar sales tax act ?(2) whether the assessee is liable to pay sales tax on such sales ?(3) whether the board of revenue could take oral submissions on question of ..... ' and 'sale'. section 2(c) of the act defines 'dealer', thus-'dealer' means any person who, whether as principal or agent, carries on in madhya pradesh the business of selling or supplying goods, whether for commission, remuneration or otherwise and includes a firm, a partnership, a hindu undivided family and the central or a .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //