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Judgment Search Results Home > Cases Phrase: indian partnership act Court: punjab and haryana Page 1 of about 1,696 results (0.063 seconds)

Oct 28 1969 (HC)

Kishore Chand Ramji Dass Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : [1970]77ITR76(P& H)

..... that previous year, (ii) before the end of the previous year in any other case; (b) where the firm is registered under the indian partnership act, 1932 (ix of 1932), or where the deed of partnership is registered under the indian registration act, 1908 (xvi of 1908), before the end of the previous year of the firm, and (c) where the application is for renewal of ..... , 1953, be made before the 28th february, 1953, and for any year of assessment subsequent thereto, be made-(a) where the firm is not registered under the indian partnership act. 1932 (ix of 1932), or where the deed of partnership is not registered under the indian registration act, 1908 (xvi of 1908), and the application for registration is being made for the first time under the ..... of the said act.14. in so far as question no. 2 is concerned, it is already answered by a decision of ..... , partners 5 and 6, who were admitted only to the benefits of the partnership according to clause 4, that supports the conclusion of the learned tribunal that the minors were in fact made substantial partners contrary to section 30 of the indian partnership act, 1930, and thus the registration of the partnership was rightly refused as being void because it was hit by section 30 .....

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Jul 03 1997 (HC)

Harbans Singh Vs. Firm Sunder Mal Sat Pal

Court : Punjab and Haryana

Reported in : (1997)117PLR882

..... . if issue no.1 is proved, whether the execution of both the pronotes or either of them is without consideration? opd4. whether the plaintiff firm is duly registered under the indian partnership act and shri chet ram is one of the partners? opp5. whether the plaintiff firm is a money lender? if so, its effect? opd6. whether the plaintiff is entitled to interest ..... /- to the plaintiff firm.3. the defendant contested the suit taking up various pleas like plaintiff firm carrying on business of money lending but having not been registered under the indian partnership act and the suit being not within limitation. on merit, it was denied that the defendant executed a pronote on 4.2.1975 as alleged by the plaintiff.4. on the .....

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Apr 15 1963 (HC)

Amar Nath Vs. Produce Exchange Corporation Ltd. Calcutta

Court : Punjab and Haryana

Reported in : AIR1963P& H479

..... in the same right can be set off against each other. the appellants, who are partners are governed by the indian partnership act section 25 of which makes it quite-clear that partners are liable jointly as well as severally for all acts binding on the firm. here a joint debt was owing to the appellants in their capacity as members of a firm .....

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Sep 29 1997 (HC)

Commissioner of Income-tax Vs. Jagdish Chand Walia and Co.

Court : Punjab and Haryana

Reported in : [1998]234ITR595(P& H)

..... cannot be said that the actual physical handling of liquor by a non-licensee partner was necessary so as to invalidate his entry in the firm, section 9 of the indian partnership act further lays down that the partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other and ..... only to bring finance and did not actively participate in the conduct of the business.26. it has been seen that all the partners of a partnership firm have the authority under section 12 of the indian partnership act to take part in the conduct of the business of the firm. every partner has also a duty to attend to the business of the ..... the parties to the agreement, with a view to sharing its profits, the provisions of section 4 of the indian partnership act, 1932, will apply.7. section 12 of the said act specifies the provisions in respect of the conduct of the business of the partnership. it reads as under :'12. the conduct of the business.--subject to contract between the partners,-- (a) every partner ..... fact that he is a partner. carrying on of a business is essential for the existence of a partnership. in other words, the actual existence of a business carried on by the partners is essential to constitute a partnership.6. section 4 of the indian partnership act, 1932, requires that it is not necessary that the business should be in fact carried on by all .....

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Jan 30 1959 (HC)

Gurbanta Singh Vs. Piara Ram Jaggu Ram and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H614

..... a partial partition of the family as a result of which gurdip singh bolina had separated from shri karam singh kirti. in due course, intimation under s. 69 of the indian partnership act was given to the registrar of firms showing shri karam singh, gurdip singh bolina and thakar singh and the three partners of this newly constituted firm. this firm continued doing ..... some of these items to the central government.in order to have more finances to be able to make the supply of the goods to the central government a partnership firm under the indian partnership act was formed on 2-1-1956, vide exhibit p. 36. one thakar singh, a relation of shri karam singh kirti, was to be a sleeping or financing ..... view at the time and the mere fact that by converting the joint hindu family business into a registered partnership under the indian partnership act, the parties concerned could get some advantage from the income-tax levy, is no ground for holding that the registered partnership was a sham affair. there is nothing in law to prohibit the coparceners constituting a joins hindu family converting ..... the family business into a contractual partnership and thus legitimately get benefit from the income-tax otherwise payable by them .....

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Oct 01 1999 (HC)

Subhash Chander Vs. Ram Chander and ors.

Court : Punjab and Haryana

Reported in : (2000)125PLR475

..... and in para no. 1 of the plaint it was specifically alleged by the plaintiffs that earlier they were carrying on the business of commission agency in partnership formed under the provisions of the indian partnership act under the name and style of m/s rangi ram, richha ram situated at kaithal mandhi, but the said firm has been dissolved in the year 1978 ..... the firm in the capacity of a partner. in this regard we can examine the provisions of sections 18 and 19 of the indian partnership act, 1932. section 18 of the said act lays down that subject to the provisions of this act, a partner is the agent of the firm for the purpose of the business of the firm. in the present case when ..... year 1978. there is no suggestion that rangi ram was representing himself as a partner of the firm irrespective of the dissolution. as per section 19 of the above said act, the implied authority of a partner does not empower him to compromise or relinquish any claim or portion of a claim by the firm unless mere is usage or custom .....

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Oct 31 1963 (HC)

Jodha Mal Ghungar Mal and ors. Vs. Commissioner of Income-tax, Simla ( ...

Court : Punjab and Haryana

Reported in : AIR1965P& H257; [1964]53ITR655(P& H)

..... the firm ab as such and c and d, it was not legally a firm under the indian partnership act or under the indian income-tax act. the partnership could not be construed as a partnership between a and b as individuals, and c and d, as it was specifically stated in the deed that the first partner was the firm ab and a had signed ..... of all the four individual partners of this smaller firm. he further stated that in the application filed by the new firm under section 26-a of the indian income-tax act as well as in the original partnership agreement, under which the smaller firm was formed, the shares of the partners in the smaller firm have been specified, and that, consequently, the ..... was made by the new firm to the income-tax officer, special circle, ambala, under s. 26-a of the indian income-tax act for the registration of the firm. in paragraph 2 it was stated as under:'the original instrument of partnership under which the firm is constituted specifying the individual shares of the partners, together with a copy, is enclosed. the ..... of income-tax : [1937]5itr49(mad) . the relevant part of the head-note in kanniappa naicker's case : [1937]5itr49(mad) reads as follows:'a partnership cannot be registered as a firm under section 26-a of the indian income-tax act, where the instrument of partnership does not specify on the face of it the individual shares of the partners. therefore, where a .....

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Jan 04 1973 (HC)

Dharam Pal Sat Dev Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : [1974]97ITR302(P& H)

..... new partnership was formed between sat dev and dharam pal, partners of the dissolved firm, and shri sham lal, son of the deceased partner, shri ..... only be referred to if it is found that a particular situation is not covered by the provisions of the income-tax act. though a particular firm, in view of the provisions of section 42(c) of the indian partnership act, may stand dissolved, if we come to the conclusion that such a case is covered by the provisions of section 187 of the ..... of which ram rattan, deceased, was a partner stood dissolved in view of the provisions of section 42(c) of the indian partnership act, as there was no provision in the partnership deed providing that, in the event of death of any partner, the partnership would continue. it is contended that a completely new entity came into being on june 9, 1966, when a new ..... ram rattan died on june 6, 1966. there was no provision in the partnership deed for the continuance of the partnership in the event of death of any partner and, therefore, it is pleaded by the assessee that, in view of the provisions of section 42(c) of the indian partnership act, the firm stood dissolved on june 6, 1966, on june 9, 1966, a .....

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Aug 23 1972 (HC)

Sat Pal Anand and ors. Vs. R.K. Ahuja and ors.

Court : Punjab and Haryana

Reported in : AIR1973P& H197

..... under section 34 of the arbitration act, the plaintiff-respondents have reiterated in paragraph 2 that the dissolution of partnership is a right of any partner independently of any other disputes or ..... firm with immediate effect had been expressed and in case if a partnership-at-will, the services of this notice on the defendants would determine the date of dissolution of the firm in view of the provisions of section 43(2) of the indian partnership act, 1932 (hereinafter briefly referred to as 'the act'). 3. in reply to the defendants' application for stay of proceedings ..... meet that precise predicament that the court's power to decree dissolution is conferred in the events enumerated in section 254. for a partnership terminable at will no such provision would be required.'14. section 44 of the partnership act which gives the court a discretion in the matter of the grant or refusal of the relief of dissolution of the firm or ..... that the business had continued even after the expiry of the term fixed by contract. such a business would have all the incidents of a partnership-at will in view of section 17(b) of the act. this was in fact the position taken up by the plaintiff-respondents in the notices served by them on the appellants before the filing of .....

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Mar 17 1981 (HC)

Commissioner of Income-tax Vs. Jagadhri Electric Supply and Industrial ...

Court : Punjab and Haryana

Reported in : (1981)25CTR(P& H)94; [1983]140ITR490(P& H)

..... partnership deed, inter alia, provided for the ten adult partners' respective shares in the firm's profits and for the four minors' shares in ..... to the benefits of the partnership. out of the said four minors, one, namely, ghansham gupta, attained majority on april 25, 1965, that is, during the relevant previous year and he did not, by october 25, 1965, give any public notice of termination of his connection with the partnership as contemplated under section 30(5) of the indian partnership act, 1932. clause (6) of the ..... of no help to the case of the revenue. in the said case, the question involved was regarding notice under section 33b of the indian i.t. act, 1922, which is equivalent to section 263 of the act, whereas no such question is involved in the present case. in the above-said case, it was held (headnote) :'unlike section 34, section 33b of ..... the minors, as per the definition of the term ' partner ' in section 2(23) of the act), as per the ratio provided under clause (6) of the partnership deed dated october 25, 1964.5. the addl. commissioner initiated proceedings under section 263(1) of the act, and vide his order dated october 13, 1972, held that the registration granted to the assessee for .....

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