Court : Mumbai
Decided on : Jan-18-1960
Reported in : AIR1961Bom65; (1960)62BOMLR753
..... come up before me under clause 36 of the letters patent for the determination of the questions following:--'whether in view of the provisions contained in section 69 of the indian partnership act, 1932, the present petition is maintainable and what provisions should be made for the costs of the parties to the petition.'there has been a difference of opinion between mr ..... ' used in section 69(3) cannot be construed so as to embrace an application made under section 8 of the indian arbitration act, 1940.17a. in the result, the question whether in view of the provisions contained in section 69 of the indian partnership act, 1932, the present petition is maintainable, is answered in' the affirmative.18. as regards costs, there is no reason to ..... appointed by consent of all the parties. in my view, the right to make an application under section 8 of the arbitration act is not a right arising from a contract within the meaning of section 69 of the indian partnership act, 1932.6. the next point to be considered is whether an application under section 8 is covered by the words 'other proceeding ..... 8 provided there was no other impediment in doing so. mr. justice mudholkar considered that section 69 of the indian partnership act, 1932, constituted such an impediment. mr. justice naik was of the contrary opinion. sub-sections (1) and (3) of section 69 of the indian partnership act, 1932, provide as follows:--'69(1). no suit to enforce a right arising from a contract or conferred .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-14-1960
Reported in : AIR1961Bom277; (1960)62BOMLR972; ILR1960Bom1034
..... the award made by the respondent no. 1 the industrial tribunal, bombay, on 31st august 1959, in reference (cgit) no. 7 of 1959.2. the petitioners are a partnership firm registered under the indian partnership act, 1932, and carry on business as (1) gearing and shipping agents. (2) insurance agents (3) godown keepers and (4) cotton supervisors and controllers. the petitioners have ..... fact that there is a head office supervision of the four different departments and ultimate amalgamation of the accounts of the four departments in the final accounts of the partnership? are the four different departments functionally integrated or by reason of the conditions of transferability or seniority amongst the clerical cadre, can the four departments be treated as ..... head office but they are ultimately amalgamated inter alia tor the purpose of income-tax payable by the concern and no doubt also for the general purpose of the partnership'.as to the conditions of service of the clerks employed in these four departments, the tribunal has held that the recruitment is department wise and the seniority of the ..... the industrial establishment. what then is an 'industrial establishment' with reference to this provision of section 25g?15. the expression 'industrial establishment' has not been defined in the act, but there can be no doubt that an industrial undertaking or a business organisation or firm may have several different and distinct industrial establishments and a single industrial establishment may .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-18-1960
Reported in : (1960)62BOMLR685; 39ITR754(Bom)
..... was no banking account of n. r. wadia & co., with any bank and (2) an application for registration had been made by n. r. wadia & co., as provided in the indian partnership act, 1932, and the registrar of firms had made an entry of the statement in the register of firms. a number of other facts relating to the mode and manner of ..... present before a group of per sons can be held to be partners. this can be gathered from the definition of 'partnership' in the indian partnership act. section 6 of that act gives a comprehensive statement of the rule as to the nature of a partnership. in determining whether a person is or is not a partner in a firm, the court must have regard to ..... under the income-tax act. it does not, however, follow that ..... 6b) of the income-tax act inter alia lays done that the expressions 'firm', 'partner' and 'partnership' have the same meaning respectively as in the indian partnership act and the law of partnership as laid down in the partnership act is also applicable to cases under the income-tax act. we agree that regard must be had to the law of partnership under the partnership act when dealing with cases arising .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-14-1960
Reported in : (1961)ILLJ42Bom
..... india challenging the award made by respondent 1, the industrial tribunal, bombay, on 31 august 1959, in reference (cgit) no. 7 of 1959. 2. the petitioners are a partnership firm registered under the indian partnership act, 1932, and carry on business as (1) clearing and shipping agents, (2) insurance agents, (3) godown keepers and (4) cotton supervisors and controllers. the petitioner ..... fact that there is a head office supervision of the four different departments and ultimate amalgamation of the accounts of the four departments in the final accounts of the partnership are the four different departments functionally integrated or by reason of the conditions of transferability or seniority amongst the clerical cadre, can the four departments be treated as ..... the head office but they are ultimately amalgamated inter alia for the purpose of incometax payable by the concern and no doubt also for the general purpose of the partnership.' 12. as to the conditions of service of the clerks employed in these four departments, the tribunal has held that the recruitment is departmentwise and the seniority of ..... industrial establishment. what then is an 'industrial establishment' with reference to this provision of s. 25g 19. the expression 'industrial establishment' had not been defined in the act, but there can be no doubt that an industrial undertaking or a business organization or firm may have several different and distinct industrial establishments and a single industrial establishment may .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-09-1960
Reported in : AIR1962Bom133; (1961)63BOMLR815; 32CompCas215(Bom)
..... 50,000/- it was in these extraordinary circumstances that the intervention of the court was called for on the analogy of the dissolution of a partnership firm. as repeatedly pointed out there is no suggestion, whatsoever, in the present case that the directors have misconducted themselves or have misapplied the ..... the aforesaid objects in any part of the world, either as principals, agents, contractors, trustees or otherwise, either alone or in conjunction and partnership with others.'pausing here, for a moment, it will at once be noticed that the wording of the clause is very wide and embraces a ..... up is sought to be based. these allegations can be divided into two categories. first, the company is, more or less, a glorified partnership; that irreconcilable disputes have arisen between the members of the two groups; that the management of the affairs of the company by brijlal group is ..... petitioner and the said brijlal ramjidas and the said managing agents firm was merely the nominee or benamidar of m/s. sarupchand prithiraj, a partnership firm consisting of nine partners including the members of the company referred to above. the managing agents were carrying on the management of the company ..... pursued and the matter was dropped. on 6-12-1959 the licence granted to the company by the government under the provisions of the indian electricity act expired. it may be mentioned at this stage that since its incorporation the only business that the company was carrying on was to run the .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-17-1960
Reported in : (1961)ILLJ121Bom
..... on behalf of the workmen by the union it is stated that the company has a long standing of 28 years. prior to 1948 it was a partnership concern. the company deals in tyre repairs, servicing of tyres, vulcanizing, tube repairing, etc. it has up-to-date machinery and its financial position is ..... the test of 'commercial necessity' applied by the incometax authorities for determining whether the expenditure was allowable under s. 10(2)(xv) of the indian income-tax act should also be applied by the tribunal. the tribunal evidently overlooked the fact that the incometax authorities are entitled to apply the test of commercial ..... the private limited company consists of three shareholders who are brothers. although in law it is different type of unit from a partnership, it is in reality a family concern. it is well-established by a number of decisions of the labour appellate tribunal that in the case of ..... partnerships and family concerns the tribunal need not allow excessive remuneration to the persons in management for the purposes of the bonus formula. it ..... figure of rs. 24,000 shown as remuneration to the working partner. now it may be noted that before the enactment of the indian companies act, 1956, it was permissible for directors, managing agents, secretaries and treasures and managers to draw remuneration in the shape of a percentage on sales. .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-13-1960
Reported in : (1961)63BOMLR37
..... egknsojko mksjy] vack njokt;kp;k vkar iap3 nrrk=; oklqnso osnd. eklrj ]] ]] ]]a dispute did arise between the parties when a suit for dissolution of partnership and accounts was filed by the plaintiff on january 7, 1958, in the court of the civil judge, senior division, amravati. the defendant inter alia met the ..... principle as follows:in a case of submission to three named arbitrators all of whom after acting have declined to proceed any further, the court has no jurisdiction to appoint fresh arbitrators in their place under the indian arbitration act.at page 830 the learned chief justice observed:.section 8(1)(b) does not apply ..... was 90 years of age) and his eye-sight and powers of hearing had been failing due to age, and that, therefore, he was incapable of acting. the learned trial judge negatived this objection. but unfortunately since his decision the other arbitrator, mr. dorle has also passed away on october 3, 1958. ..... the clause precluded the further trial of the suit which ought to be stayed pending reference to arbitration under the provisions of section 34 of the arbitration act. this objection was raised by the defendant by his application dated january 29, 1958.2. it remains to be stated that of the three arbitrators ..... kotval, j.1. on november 25, 1947, the plaintiff-applicant and the defendant-opponent entered into an agreement of partnership of which the eleventh clause provided for reference to arbitration in the event of a dispute arising under the deed. the eleventh .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-20-1960
Reported in : (1962)64BOMLR462
..... a partner may be an agent of the other partners arid in that capacity he can claim the right to participate in the management of the partnership. the act of referring disputes to arbitration is not incidental to the management of the business. for choosing a domestic forum all partners must necessarily concur. such ..... , then the suit may be converted into a petition for setting aside the same. he argued that to such a petition article 181 of the indian limitation act would apply and, therefore, there would be no difficulty of limitation.3. under the mahomedan law, the only legal guardians of the property of the ..... is in time. if the suit is converted into a petition, it will immediately attract the application of article 158 of the indian limitation act. article 158 of the limitation act prescribes the period as thirty days from the date of service of the notice of the filing of the award. mr. peerbhoy ..... effect:under mahomedan law, a mother who is not appointed a guardian either by the father or by the court under the guardians and wards act cannot be legal guardian of her minor children. such a mother has no authority to refer to arbitration any disputes as to the division of ..... on the infant's property. they also help to explain and illustrate the extent of such de facto guardians' powers. the permissibility of these acts depends on the emergency which gives rise to the imperative necessity for incurring liabilities without which the life of the child or his perishable goods and .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-04-1960
Reported in : 39ITR594(Bom)
..... supplementary statement of the case setting out the facts on which it had reached its conclusion. the material facts may be briefly stated. the assessee is a partnership firm and runs a cotton pressing factory at kosamba in surat district. four of its five partners are co-operative societies. the two assessment years are ..... deduction in computing the profits of the assessee having regard to the provisions of section 10(2)(xv) read with section 10(4)(b) of the indian income-tax act. the second question raised at the instance of the income-tax commissioner appeared to us to be in two parts : the first part involving an ..... for the assessment year 1953-54/ 1954-55 having regard to the provisions of section 10(2)(xv) read with section 10(4)(b) of the indian income-tax act, 1922 2. whether the amount of rs. 9,689/rs. 40,388 can at all fall under section 10(2)(xv) particularly because it is ..... the record as to the material on which the tribunal gave its finding that the impugned rebates constituted admissible deductions under section 10(2)(xv) of the act.'6. they have also stated that the tribunal had relied upon its own experience of such cases and had no doubt that it was the normal ..... raises a question of some importance and interest relating to the meaning and import of the expression 'commission' in section 10(4)(b) of the income-tax act. the reference came up for hearing before mr. justice tendolkar and myself on september 19, 1957, and as we felt that the tribunal had not applied its .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-07-1960
Reported in : AIR1961Bom227; (1960)62BOMLR1043; ILR1961Bom318
..... requiring the additional collector to withdraw the order that he had passed. 2. the respondents carry on business in bombay as dealers in bullion in partnership in the firm name and style of messrs. ambalal amichand and co. at 101 shaikh memon street, bombay. in the petition that they filed ..... to check the exercise of the powers given to them under section 178a of the act arbitrarily ana without any foundation at all, to the harassment ot the general public. it would be necessary therefore, that before any person ..... he was a witness, was in respectof smuggled goods. the restrictions placed upon the powers of the customs officers under section 178a of the act cannot be lightly treated. they are serious and it is necessary that the customs officers themselves should realise the importance thereof. they are intended ..... smuggling of gold and precious stones, that the government considered that their difficulties might be removed by introducing a new section in the sea customs act. at first, it appears, the section was so worded that entirely arbitrary powers were given to the customs officers in regard to seizure of ..... of the foreign exchange regulations act is thereby disclosed'. it appears that the respondents sent a reply to this notice by their letter dated 20th september 1956, contending that the certificate of fineness in respect of the gold that had been seized, issued by the indian government mint showed that the .....Tag this Judgment!