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Judgment Search Results Home > Cases Phrase: indian partnership act Court: punjab and haryana Year: 1960 Page 1 of about 16 results (0.036 seconds)

Mar 02 1960 (HC)

Walyti Ram Ram Ditta Mal Vs. Bhagwan Dass Rajinder Kumar

Court : Punjab and Haryana

Decided on : Mar-02-1960

Reported in : AIR1960P& H471

..... held vested in walaiti ram plaintiff. the suit was held to be maintainable in view of the provisions of s. 60(3)(a) of the indian partnership act.(6) the main controversy between the parties centers on the third issue. according to both the courts below, the transactions in question were agreement by way ..... firm was not a joint hindu family firm and the suit was not competent as the firm was not registered under s. 69 of the indian partnership act. the defendant also pleaded that the transaction was in the nature of a wagering agreement and was, therefore, void in view of the provisions of ..... lower appellate court and the test that he has applied for ascertaining what is a wagering agreement within the purview of s. 30 of the indian contract act is erroneous. a finding of fact suffering from these blemishes is not sacrosanct and cannot be sustained.(21) there is no cogent evidence on the ..... price. if it be so the contract, notwithstanding its form, is a wagering contract, and is void, being prohibited under s. 30 of the indian contract act.(20) after having carefully gone through the judgment of the learned additional district judge, the concurrent finding that the parties never intended any actual transfer of ..... s. 30 of the indian contract act. it was also alleged that the profit claimed by the plaintiff had not been realised by the defendant-firm from the persons with whom he .....

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Nov 24 1960 (HC)

Union of India (Uoi), Ministry of Food and Agriculture (Dept. of Food) ...

Court : Punjab and Haryana

Decided on : Nov-24-1960

Reported in : AIR1961P& H281

..... parties gave rise to the following issues:1. whether the suit is bad for misjoinder of parties, and causes of action ?2. whether the plaintiff firm is a registered partnership under the indian partnership act and whether shri inder pal dhir is one of the registered partners ?3. whether defendant no. 2 has consented to the variations in the terms of the original contract ..... ?14. relief.10. the trial judge held that the suit was not bad for misjoinder of parties and causes of action, that the plaintiff-firm was duly registered under the indian partnership act and could file the present suit, that defendant no. 2 had neither actively nor impliedly consented to the variations in the terms of the original contract, dated the 3rd july ..... grounds. they inter alia pleaded that the suit was misconceived and was bad for misjoinder of parties and causes of action, that the plaintiff-firm was not registered under the indian partnership act and therefore the suit was not maintainable as framed, and that the ludhiana courts had no jurisdiction to try the same.they admitted the variations made in the terms of ..... by defendant no. 1 and defendant no. 3 without the active or implied consent of defendant no. 2. if one were to apply the provisions of section 133 of the indian contract act, the result of these variations would be that the liability of the surety (defendant no. 2) would be discharged on account of these variations.in order to overcome this .....

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Feb 14 1960 (HC)

Jullundur Vegetable Syndicate Vs. the Punjab State

Court : Punjab and Haryana

Decided on : Feb-14-1960

Reported in : AIR1962P& H248

..... even after dissolution of the firm and in the hands of the partners or otherwise. this conclusion was arrived at on a consideration of secs. 45 to 55 of the indian partnership act. one of the points urged before the learned judge was that the assessment order made on a firm after its dissolution was without jurisdiction, but there is no discussion of ..... exist for certain purposes, it would not at all follow that it can after dissolution be assessed to sales tax under the act in the absence of machinery provided in the act to that end. the principles enunciated in the indian partnership act cannot be imported into a taxing statute.(13) no authority of the supreme court directly bearing on the question referred to the ..... purposes of winding up its business, adjusting the rights of the partners inter se and payment of the debts due to the partnership or realising the debts owing to it. in this connection ss. 45 and 47 of the indian partnership act, 1932 (act no. ix of 1932), and motilal chimanram v. sarupchand prithiraj air 1937 bom 81 and chatubhuj durgardas factory v. dumodar jamnadas ..... air 1960 bom 424, were relied upon.it does not, however, follow that the liability to pay sales tax under the act, which the partnership firm had incurred before its dissolution, becomes .....

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Apr 06 1960 (HC)

Jiwan Singh and Sons Vs. the Excise and Taxation Officer (Assessing Au ...

Court : Punjab and Haryana

Decided on : Apr-06-1960

Reported in : [1960]11STC540(P& H)

..... which, according to the counsel, involves the same question.2. in civil writ no. 1285 of 1959 the petitioners claim to be a partnership concern duly registered under the indian partnership act and carrying on the business of building and repairing 'bodies' on the chassis of the trucks and buses at jullundur. for the year ending ..... , there is always the jurisdiction in this court to interfere by way of special leave.7. there are also two bench decisions of this court in indian iron and steel company limited v. the officer on special duty (central circle), punjab [1959] 10 s.t.c. 150 and firm mangat ram hazari ..... 31st of december, 1955 and 31st of march, 1956 and the sales tax payable under section 10(4) of the east punjab general sales tax act (east punjab act no. xlvi of 1948) is alleged to have been paid in the state bank of india or by issuing cheques for the amounts of the ..... ] 10 s.t.c. 194, in which it was held that the aggrieved parties should avail themselves of the ordinary remedy provided by the sales tax act itself before invoking the extraordinary jurisdiction of the high court under article 226 of the constitution. in another case mehar singh, j. and myself also expressed ..... this court with those proceedings. it is also asserted that the petitioner having not complied with the notice issued under section 11(2) of the act and having got the proceedings adjourned on one pretext or the other without producing the account books or other evidence in support of the returns submitted .....

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Mar 11 1960 (HC)

Ved Parkash and ors. Vs. Iron Traders (Private) Ltd. and ors.

Court : Punjab and Haryana

Decided on : Mar-11-1960

Reported in : AIR1960P& H427; [1961]31CompCas122(P& H)

..... order1. this is a petition filed by ved prakash, maya prakash and satya prakash sons of hira lal and the partnership firm messrs. hira lal and sons under ss. 397 and 398 of the indian companies act against the company messrs. iron traders (private) limited and three persons, respondents nos. 2 to 4, described as de ..... establish their rights as advised by him, are now seeking the same relief under the guise of an application under ss. 397 and 398 of the act. the learned counsel for the petitioners was unable to cite any case in which such a course had been permitted, and in my opinion he will ..... in proper proceedings i.e. in a regular suit after the learned district judge has dismissed the petitioners' application for rectification under s. 153 of the act. (6) it was pointed out that the removal of the petitioners was mentioned in the petition, and one of the reliefs which they sought in the ..... the company. (5) on behalf of the petitioners it was argued, and the learned counsel was prepared to cite cases on the point, that the act of the directors in rectifying the register on 16-1-1957 and striking out the names of the petitioners as members was illegal. this view may be ..... facto directors of the company though it is alleged that they had no proper authority to act as such, and two other respondents, hira lal .....

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Sep 15 1960 (HC)

Commissioner of Income-tax, Simla Vs. Sat Ram Gian Chand.

Court : Punjab and Haryana

Decided on : Sep-15-1960

Reported in : [1961]42ITR543(P& H)

..... of rs. 12,149 on march 31, 1954. by not dividing the true profits on a specific date, i.e., on march 31, 1954, the assessee has not acted upon the instrument of partnership.'the appellate assistant commissioner of income-tax to whom an appeal was preferred by the assessee firm rejected the same with the following observations :'the most important fact ..... 26a of the act was filed on september 29, 1953. this application was refused by the ..... partnership and consequently, a few instrument of partnership was drawn up on september 27, 1953, and an application under section ..... which this matter has arised may now be stated.for the assessment year 1953-54, the partnership (messrs. sat ram gian chand) was constituted by five partners under an instrument of partnership dated april 2, 1952. this firm was registered with the department under section 26a of the indian income-tax act. on april 1, 1953, a sixth partner, namely, jhanda ram, joined the .....

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Jan 19 1960 (HC)

Indian Woollen Textile Mills Vs. Commissioner of Excess Profits Tax, P ...

Court : Punjab and Haryana

Decided on : Jan-19-1960

Reported in : AIR1960P& H582; [1960]39ITR289(P& H)

..... income-tax authorities, they took the view that such a partnership consisting of a karta and a junior member of the family was invalid and assessment was ..... by time.again, the appellate tribunal did not agree and held that because of the amendment of s. 15 of the excess profits tax act by act 22 of 1947 the limitation of five years had ceased to operate even in respect of the two years in dispute, that is, 1939-40 ..... its intention more clearly, the intention being that this particular amendment was to have retrospective effect as from the date of the excess profits tax act itself. mr. mittra referred to certain decided cases, but admittedly none of those was concerned with the interpretation of such language as has been ..... were therefore valid. the assessee's appeals were accordingly disposed of. the assessee thereupon made four applications under s. 21 of the excess profits tax act for referring certain questions of law arising in connection with these four assessments to the high court, that is, the assessments relating to the chargeable ..... textile mills, chheharta, claimed to be a partnership firm, consisting of lachhman das, karta of hindu undivided family, and his son daulat ram, a member of the same family, in his individual capacity. when the question of assessment under the indian income-tax act of the year 1938-39 came up before the .....

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Oct 05 1960 (HC)

R D Aggarwal and Co. Vs. Commissioner of Income-tax, SimlA.

Court : Punjab and Haryana

Decided on : Oct-05-1960

Reported in : [1961]42ITR155(P& H)

..... the non-resident companies that is sought to be taxed and for that purpose a notice was issued under section 34 of the act by the income-tax officer to the partnership firm r.d. aggarwal & co. the notice is in these terms :'whereas i have reason to believe that your income assessable ..... was that of a principal and agent and that such relationship fell within the meaning of the expression business connection in section 42 of the indian income-tax act :3. that profits accrued or arose to the non-resident at the time when delivery of the goods took place and the payments were ..... is no business connection between the non-resident and the assessee within the meaning of that expression as used in section 42(1) of the indian income-tax act. it was contended by the assessee that the agreement of agency was entered into between the non-resident and the assessee on march 24, ..... as used in section 42(1) of the indian income-tax act ?3. if the answer to the second question is in the affirmative whether on the facts and in the circumstances of this case any profits ..... the facts and in the circumstances of this case the notice dated march 29, 1954, issued under section 22 read with section 34 of the indian income-tax act was validly served on the assessee ?2. whether the relationship between the assessee and the nonresident fell within the meaning of the expression business connection .....

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Dec 22 1960 (HC)

Ram Lal JaIn Vs. Central Bank of India Ltd., Bombay

Court : Punjab and Haryana

Decided on : Dec-22-1960

Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)

..... the banker is the creditor or the debtor. the respective liabilities of the bailor and the bailee are stated in chapter ix of the indian contract act, 1872 (act no. 9 of 1872), but so far as debts incurred by displaced debtors and secured by the pledge of movable property are concerned, ..... person who breaks a contract but it arose as a result of the determination by the court, and the argument, based on section 73 of the indian contract act, was repelled. kapur, j., who delivered the main judgment, observed as follows : 'besides, as i have already pointed out, there is a ..... made by the learned chief justice in the passages quoted above was unreal, and he pointed out to the provisions of section 73 of the indian contract act, according to which, when a contract has been broken, the party, who suffers by such breach, is entitled to receive from the party ..... bom 669. that was a case in which the appellant had made an application under section 10 of the act before the tribunal claiming partnership accounts from his partners on the basis of the partnership being dissolved in july 1949 and also claiming to receive moneys found due and payable to him on taking ..... such accounts. chagla. c. j. and tendolkar, j., who constituted the bench held that in order that there can be a debt which can be adjusted or with regard to the recovery of which the special facility provided by the act .....

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May 25 1960 (HC)

Karnal Distillery Co. Ltd. Vs. Ladli Parshad Jaiswal and anr.

Court : Punjab and Haryana

Decided on : May-25-1960

Reported in : AIR1960P& H655

..... a limited liability company by the directors. in this connection our attention has also been drawn to art. 71 in table 'a' of the indian companies act (act vii of 1913) which defines the powers and duties of directors. this article undoubtedly lays down inter alia that:'the business of the company ..... time, continued the business till 1940, when the joint family appears to have disrupted with the result that his business was converted into a contractual partnership.it seems that soon thereafter the business was taken over by a private limited company ltd., incorporated sometime in 1941. these facts are clear ..... in the trial court but which mr. tuli has reagitated here. he has submitted that the case is governed by art. 36 of the indian limitation act and, therefore, having been filed beyond the period of two years the suit merits dismissal on this ground alone. the trial court, according to ..... by virtue of this article the residuary power also rests with the board. he has further drawn our attention to s. 83-a of the indian companies act which lays down that every company shall have at least three directors. this last contention, however, need not detain us, because the plaintiff-company ..... pay all expenses incurred in getting up and registering the company, and may exercise all such powers of the company as are not, by the indian companies act, 1913, or any statutory modification thereof for the time being in force, or by these articles, required to be exercised by the company in .....

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