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Judgment Search Results Home > Cases Phrase: indian partnership act Court: punjab and haryana Year: 1991 Page 1 of about 8 results (0.050 seconds)

Mar 20 1991 (HC)

R.S. Madho Ram and Sons and ors. Vs. Dwarka Dass and Sons and anr.

Court : Punjab and Haryana

Decided on : Mar-20-1991

Reported in : (1991)99PLR666

..... of the firm m/s sugan textiles, the alleged tenant. could not withdraw the revision petition in view of section 19 of the partnership act. section 19(2) of the indian partnership act reads as under:-'in the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not ..... the firm 'the contention of the counsel for the petitioner is that in view of sub-clause (d) of section 19(2) of the partnership act, laksbmi narain having filed the previous revision petition on behalf of m/s sugan textiles was not competent to withdraw it since there were other ..... final no doubt, the appeal would be continuation of the original proceedings but when the question for consideration is regarding the competency of the person to act as landlord sad a question has to be decided if raised on evidence as to whether such a person would be covered under the defnition of ..... 2) of section is. i have given due consideration to these arguments but i do not find any force therein. under section 15 (2) of the act a power is given to the appellate authority for staying further proceedings in the matter pending decision of the appeal in the case of an order of ejectment ..... by the landlord during pendency of the ejectment proceedings as argued, the owner of the premises would cease to lie landlord and the authorities under the act would cease to have jurisdiction to order ejectment of the tenants. in support of this contention, reliance has been placed on the pull beach decision of .....

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Jul 10 1991 (HC)

Chaman Lal Vs. Commissioner, Patial Division and ors.

Court : Punjab and Haryana

Decided on : Jul-10-1991

Reported in : (1992)102PLR310

..... raj kumar, who is a partner of the petitioner and in view of the provisions of section 24 of the indian partnership act, 1932 the requirement of service of notice should be deemed to have been complied with.3. section 4 of the act provides as under :-o'section 4. issue of notice to show cause against order of eviction : -(1) if the collector ..... . 3 alone was not sufficient. even otherwise, there is nothing on record to show that respondent no. 3: was a partner, who '-habitually' acted 'in the business of the firm' as required under section 24 of the partnership act. the specific averment of the petitioner that the provisions of law viz., section 4 were not complied with has not been denied by filing ..... that the application filed by the municipal committee has been allowed without service of any notice on the petitioner. he has relied upon the provisions of section 4 of the act to contend that it was incumbent on the collector to have served a notice in accordance with the provisions of law before proceeding to accept the application filed by the ..... ) by which an application filed by the municipal committee, gobindgarh (respondent no. 2) under section 5 of the punjab public premises and land (eviction and rent recovery) act, 1973, (hereinafter referred to as 'the act') for his eviction from the shop was allowed his appeal before the com- missioner, patiala division, patiala also having been dismissed vide orders dated january 12, 1988 .....

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Feb 19 1991 (HC)

Ess Bee Food Specialities and ors. Vs. Kapoor Brothers

Court : Punjab and Haryana

Decided on : Feb-19-1991

Reported in : 1992CriLJ739

..... flour mills, panchkula ('respondent-firm' herein), under section 138 of the act, read with section 406/420 of the indian penal code, the respondent-firm pleaded therein that it was a registered partnership firm carrying on the business of running a flour mill. it supplies flour mill products. in december, 1988, petitioner no. 2 ..... partner, jagal singh, petitioner no. 3 for quashing of the complaint dated december 22, 1989, annexure p-1 under section 138 of the negotiable instruments act, 1881 (for short 'the act'), and section 406/ 420 of the indian penal code, the subsequent proceedings and the impugned orders, annexures p-2 and p-3.2. the impugned complaint was brought by kapoor brothers roller ..... act. a revision was then preferred to the court of session which was heard by the additional sessions judge, ambala, who, vide order ..... service of notice, the payment in question was not made and, as such, the offence under section 138 of the act, was committed. from the very beginning, the intention of the petitioners was dishonest and, as such, offences under section 406/ 420 of the indian penal code had also been committed.3. the learned magistrate issued process under section 138 of the .....

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Sep 11 1991 (HC)

Jaswant Rai Mittal and Co. and ors. Vs. Income-tax Officer and ors.

Court : Punjab and Haryana

Decided on : Sep-11-1991

Reported in : (1992)104CTR(P& H)374; [1992]196ITR414(P& H)

..... annexure p-9, and for quashing of complaint no. 21, dated february 16, 1985, under sections 276c and 277 of the income-tax act, 1961, and under sections 193/196, ipc, pending in the court of the chief judicial magistrate, sangrur, against the petitioners and further proceedings.2. the facts as gathered from the impugned ..... been cancelled by the income-tax tribunal, vide its order dated march 21, 1986, no prosecution under sections 276c and 277 of the income-tax act, read with sections 193 and 196, ipc, could be instituted. the complaint was dismissed by shri d. s. chhina, chief judicial magistrate, sangrur, vide his order dated march 21, ..... with the intention to conceal taxable income and the process relating thereto (sic). the accused had, thus, further committed an offence under sections 193/196, ipc.4. the petitioners allege that the income-tax officer was not satisfied with the return filed and he had assessed his income at rs. 10,03,100 ..... complaint annexure p-5, may briefly be narrated :jaswant rai mittal & co. is a partnership firm, consisting of ashok kumar, ramesh kumar, bans raj garg, jaswant ..... g.s. chahal, j.1. jaswant rai mittal & co., which is a partnership firm and has petitioners nos. 2 to 5 and respondents nos. 2 to 4 as its partners, has moved this criminal miscellaneous petition .....

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Dec 20 1991 (HC)

Goetze India Ltd. Vs. Pure Drinks (New Delhi) Ltd. (No. 1)

Court : Punjab and Haryana

Decided on : Dec-20-1991

Reported in : [1994]80CompCas340(P& H); (1993)104PLR745

..... /grounds on which a company can be ordered to be wound up by the court. so, none of the disputes referred to in the above-noted clause 15 of the partnership agreement can be co-related to the relief, in company petition no. 39 of 1990.'12. thus, from the observations of the hon'ble single/judge, it would be discernible ..... to the agreed arbitrator for its determination or determine the same itself keeping in view the facts and circumstances of each case.40. otherwise also, section 34 of the indian arbitration act confers discretionary jurisdiction on the court to stay the proceedings brought before it and refer the matter to arbitration but it does not oust the jurisdiction of the court. the ..... referring the matter to the arbitrator cannot be granted in the facts of the case as none of the disputes referred to in the arbitration clause in a partnership agreement can be co-related to the relief sought in the company petition.13. the issues referred are pristine, legal and arise at the very threshold of the subject of ..... of clause 15 of the partnership deed dated march 16, 1989, clearly indicates that it has no relevance to the relief prayed for in company petition no. 39 of 1990, i.e., for winding up of the respondent company. it is beyond dispute that proceedings under section 433/434 read with section 439 of the companies act, are in a completely different .....

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Jan 11 1991 (HC)

State of Punjab Vs. M/S. Chahal Engg. and Co.

Court : Punjab and Haryana

Decided on : Jan-11-1991

Reported in : AIR1991P& H258

..... partners a share therein, then in making the 'valuation of the firm', his jurisdiction is restricted to the manner provided in the partnership agreement. the supreme court observed that if the parties set limits to action by the arbitrator, then the arbitrator has to follow the limits ..... one officer from the list, who shall then be the sole arbitrator. the arbitration shall be conducted in accordance with the provisions of the indian arbitration act, 1940 or any statutory modification thereof. the arbitrator shall determine the amount of costs of arbitration to be awarded to either parties. performance ..... of the arbitrator. the award of the arbitrator shall be final and binding on both the parties. this contract shall be governed by the indian laws for the time being in force. (extract from general conditions of contract). 3. the contract agreement was a complete code in itself. ..... a similar view and held thus :--'where in respect of a dispute arising out of a partnership business, the primary duty of the arbitrator under the deed of reference in which is incorporated the partnership agreement is to value the net assets of the firm and to award to the retiring ..... appointed as arbitrator. the contractor did not submit before him presumably he was found inconvenient. the arbitrator in this case, who was expected to act impartially acted in a partisan manner as indicated in the earlier part of the judgment. registrar (judicial) is directed to send a copy of the judgment .....

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Sep 24 1991 (HC)

Assistant Environmental Engineer, Haryana State Board for Prevention a ...

Court : Punjab and Haryana

Decided on : Sep-24-1991

Reported in : [1993]77CompCas386(P& H); 1993CriLJ384

..... board'), through its assistant environmental engineer, filed a complaint under sections 43 and 44 of the water (prevention and control of pollution) act, 1974 (hereinafter called 'the act'), against the partnership concern known as jai bharat woollen finishing works, its manager, subhash chander, and partner, smt. phoola devi. the accused were tried ..... and allowed to flow on land.14. section 47 of the act relating to offences by companies which expression, according to the explanation added to that section, includes a partnership firm lays down that, where an offence under the act is committed by any company, every person who, at the ..... and servants of the board have been declared to be public servants within the meaning of section 21 of the indian penal code under section 50 of the act does not warrant the conclusion that the appeal filed by the board should be deemed to be one filed by a ..... ) of the code. the further settled law is that courts should adopt a liberal approach while considering sufficient cause under section 5 of the limitation act. the exposition of law on the subject in collector, land acquisition, anantnag v. mst. katiji [1987] 62 comp cas 370 ; air 1987 ..... the appeal would be within the period prescribed under the code. in the alternative, shri jain made an application under section 5 of the limitation act, being criminal miscellaneous application no. 10664 of 1991. it was stated in the application that the environmental engineer, sonepat, apprised the board about .....

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Sep 05 1991 (HC)

K.K. Kakkar and Associates Vs. Commissioner of Income-tax and anr.

Court : Punjab and Haryana

Decided on : Sep-05-1991

Reported in : [1992]194ITR327(P& H)

..... : provided that-- (i) there is no change in the constitution of the firm or the shares of the partners as evidenced by the instrument of partnership on the basis of which the registration was granted ; and(ii) the firm furnishes, before the expiry of the time allowed under sub-section (1 ..... a firm of contractors carrying on its activities at faridabad in the status of a partnership firm (hereinafter called 'the firm'). it is an old and regular assessee under the income-tax act, 1961 (for short, 'the act'), and was granted registration as a firm for the first time for the assessment ..... and the income-tax officer is required to pass a specific order granting registration after satisfying himself that the requirements of section 184 of the act are complied with. for all subsequent years after its registration, the firm can claim automatic continuation of its registration provided it furnishes form no ..... in order to appreciate the controversy between the parties, it is necessary to refer to the relevant provisions of sections 184, 185 and 186 of the act which are reproduced hereunder for facility of reference :'section 184. application for registration.--. . . (7) where registration is granted to any firm for any ..... considering the provisions of sections 23(4) and 26a of the indian income-tax act, 1922, where under there was no provision similar to the one contained in sub-section (7) of section 184 of the act. under the 1922 act, a firm was required to get itself registered every year by .....

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