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Judgment Search Results Home > Cases Phrase: indian partnership act Court: madhya pradesh Year: 1973 Page 1 of about 5 results (0.053 seconds)

Apr 12 1973 (HC)

Commissioner of Income-tax Vs. Ratanchand Darbarilal

Court : Madhya Pradesh

Decided on : Apr-12-1973

Reported in : [1975]100ITR258(MP); 1973MPLJ996

..... of a trustee. he or they in such cases occupy a dual position. as between the parties to the contract they are partners and their relationship is regulated by the partnership act. they as a rule are personally liable for all the obligations under the contract as against the partners/strangers. in relation to the family members they have a duty to ..... assessment in point of fact, and the income which accrued could not be said to be that of a hindu undivided family. there was nothing in the indian income-tax law or the law of partnership which prevented the members of a hindu joint family from dividing any asset. such division must, of course, be effective so as to bind the members ..... foregoing, our answers to the questions referred must be:(1) the firm, m/s, s.s. ratanchand darbarilal, satna, was not entitled to registration under section 26a of the indian income-tax act, 1922, for the assessment year 1958-59. (2) the appellate tribunal was not justified in so interpreting the evidence on record as to come to a finding that the ..... section 66(1):' whether, on the facts and in the circumstances of the case, m/s. ratanchand darbarilal, satna, was entitled to registration under sec-tion 20a of the indian income-tax act, 1922, for the assessment year 1958-59?'but declined to refer the other questions saying that they involved questions of fact. this court then issued a direction under section .....

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Nov 16 1973 (HC)

Nahar Hirasingh and ors. Vs. Mst. DukalhIn and ors.

Court : Madhya Pradesh

Decided on : Nov-16-1973

Reported in : AIR1974MP141; 1974MPLJ257

..... land' has expressly been excluded. for instance, entry no. 6 is as follows: 'transfer of property other than agricultural land ............' entry no. 7 is as follows:'contracts, including partnership, agency contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.' no such exception was expressly mentioned in entry no. 5 because this ..... but, if the land tenure legislation itself makes the personal law of the parties applicable in that event certainly the hindu succession act, 1956, or any other personal law, such as the moham-madan law or the indian succession act, 1925, will be applicable.23. the real difficulty that we are finding in accepting the view of the division bench of ..... , in our opinion, this is the only rational line of reasoning, which will harmonise the different statutory provisions avoiding any conflict. there is a presumption that the legislatures act within their power may be either the state legislature or the parliament and the presumption is against the unconstitutionally. therefore, although some doubt may have been thrown on the ..... , whatsoever, or if such legislation specifically makes the personal law of the parties applicable to devolution of agricultural tenures; in that event the provisions of the hindu succession act, 1956, will be applicable to bhumiswamis who are hindus and as regards the other bhumiswamis having different personal laws, their personal law will be applicable to them as .....

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Feb 28 1973 (HC)

Dilip Construction Company Vs. Hindustan Steel Ltd.

Court : Madhya Pradesh

Decided on : Feb-28-1973

Reported in : AIR1973MP261

..... the plaintiff filed a suit praying that the defendant may be ordered to render a true and complete account of the profits earned by the partnership business and of the amount due to the plaintiff, and to pay the same to him. the defendant thereupon took out a summons for ..... contained in the agreement or to any divisions of goods or things, related to the said partnership or the affairs thereof, shall be referred to arbitration in the manner therein mentioned. the plaintiff called upon the defendant to make up the accounts ..... between these two to an umpire appointed by them. such submission shall be deemed to be a submission to arbitration within the meaning of the indian arbitration act, 1940 or any statutory modification thereof. the award of the arbitrators or umpire shall be final and binding upon the parties upon every or ..... a clause in the deed of principal partnership which provided, inter alia, that any dispute or difference arising between partners with regard to the construction of any of the articles ..... bom 164 the plaintiff was the sub-partner of the defendant in a certain business. the deed of sub-partnership incor-ported all the articles, covenants, conditions and obligations contained in the principal partnership agreement between the defendant and his partner which were not inconsistent with the terms of the agreement. there was .....

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Jan 23 1973 (HC)

Chhotelal Keshoram, Partnership Firm Vs. the Union of India (Uoi) and ...

Court : Madhya Pradesh

Decided on : Jan-23-1973

Reported in : AIR1973MP146; 1973MPLJ404

..... for obtaining the certified copies of the judgment and the decree within the meaning of sub-section (2) of section 12 of the limitation act (indian limitation act, 1908), in cases where the delay in the preparation of the decree was for no fault of the applicant?'2. this reference arose on ..... before the decree was signed, the union of india was certainly entitled to compute that period as time requisite under section 12 (2) of the indian limitation act, 1908, and as such, the view expressed by the learned appellate judge viz., the additional district judge, was correct.6. we, therefore, answer ..... to the period between the delivery of the judgment and the signing of the decree as time requisite under section 12 (2) of the indian limitation act, 1908. their lordships specifically drew a distinction between the two types of cases viz., the first type where an application for a certified copy ..... ngp 1 (fb) the learned judges of the judicial commissioner's court constituting the full bench held that under section 12 (2) of the indian limitation act, 1908, a party who had applied for a certified copy before the signing of the decree was entitled to compute the period between the delivery ..... be computed in favour of the union of india as it was not time requisite for obtaining a certified copy vide section 12 (2) of the indian limitation act, 1908. that objection was overruled by the learned appellate judge mainly relying on bhagwant v. liquidator, co-operative society, sarphapur, ilr (1955) ngp .....

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Oct 10 1973 (HC)

Chhotalal Keshavram Vs. Additional Assistant Commissioner of Sales Tax ...

Court : Madhya Pradesh

Decided on : Oct-10-1973

Reported in : 1974MPLJ148; [1974]33STC456(MP)

..... partner (vide respondents' annexure r-i). shri amritlal somabhai was to have an eight anna share, while the two brothers were to have a four anna share each. subsequently, another partnership was entered into on 11th november, 1958 (respondents' annexure r-ii). some more partners were introduced, viz., seth bhailal bhai, shri kantilal and shri chandrakant, and their shares were also ..... readjusted. there was another deed of partnership dated 15th march, 1959 (respondents' annexure r-1ii). two more partners were introduced, namely, jayeshkumar and himanshu and again their shares were readjusted. thus the ..... come to misc. petition no. 429 of 1971. in this case, the facts are that the petitioner originally was a joint hindu family firm. subsequently, it was converted into a partnership-firm. this has been going on right from the year 1949 onwards. the joint hindu family firm transferred its assets and liabilities to the ..... provisions of this section shall apply mutatis mutandis to any arrears of tax payable under an act repealed by section 52 and due for any year or relatable to a part of any year prior to such transfer of business, discontinuance or dissolution of the partnership or the partition of undivided hindu family, as the case may be.the instant case is .....

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