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Judgment Search Results Home > Cases Phrase: indian partnership act Court: punjab and haryana Year: 1999 Page 1 of about 17 results (0.036 seconds)

Oct 01 1999 (HC)

Subhash Chander Vs. Ram Chander and ors.

Court : Punjab and Haryana

Decided on : Oct-01-1999

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 12 1999 (HC)

Deepak Kumar Vs. Hem Raj and ors.

Court : Punjab and Haryana

Decided on : Oct-12-1999

Reported in : (2000)124PLR827

..... the defence offered by the respondent was in terms that, in fact, there was a partnership among durga dass and the respondent-tenant. it is well known that under section 4 of the indian partnership act, 1932, partnership is a relation between the persons who have agreed to share the profits of a business ..... carried on by all or any of them acting for all. it is commonly being stated that it is an association ..... of persons and a compendious way of describing the said association.10. once a defence has been taken that a third person in occupation is a partner then the onus to show satisfactorily that such a business in partnership ..... that income from the said business of dry-cleaning has also been shown, mere ipsi dixit of the plea that they are doing business in partnership, therefore, cannot be believed. the learned appellate authority, therefore, misdirected itself in coming to the conclusion that the legal possession has not been parted ..... is an essential element of lease or sub-lease ...'14. as already pointed out above, the respondent-tenant has failed to establish the factum of partnership between him and durga dass. durga dass is functioning from the property and cash memos are printed in his own name as dry-cleaner. since .....

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Sep 17 1999 (HC)

Bhajan Singh Vs. Registered Firm Tarsem Chand Goyal

Court : Punjab and Haryana

Decided on : Sep-17-1999

Reported in : (2000)125PLR530

..... it stood discharged in view of the provision of punjab agricultural indebtedness relief act, 1975.4. from the above short1 pleadings of the parties, the learned trial court framed the following issues:-1. whether plaintiff firm is a registered firm under indian partnership act? opp2. whether the defendant borrowed rs. 8,800/- from the plaintiff ..... and signed an entry in the rokar bahi? opp2-a. whether the defendant is a debtor as defined in the punjab act no. 24 of 1975? if so, its effect?3 ..... goyal of bhawanigarh district sangrur, filed a money suit for a sum of rs. 8,800/- on the ground that plaintiff is a registered partnership firm and it maintains regular books of accounts and the transactions conducted by the firm are duly entered in the account books. on 13.6.1971 ..... finger expert with the admitted signatures of bhajan singh appearing on pronote p.1 and receipt p-2. even under section 73 of the indian evidence act, the court has the power to compare the signatures and many variations are bound to be there with the passage of time even in ..... the execution of the document. there are regular books of accounts of the plaintiff firm which again lend corroborative value under section 34 of the indian evidence act. lastly, it was submitted by the counsel for the plaintiff that the plea taken up by the appellant at the appellate stage was to .....

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Feb 18 1999 (HC)

Sham Sunder Vs. Hari Dev Bansal and ors.

Court : Punjab and Haryana

Decided on : Feb-18-1999

Reported in : (1999)122PLR509

..... in conjunction with the admission of dw1 and the case of the plaintiff. at this stage it will be appropriate to refer to the provisions of the indian partnership act, 1932, hereinafter referred to as the act. section 22 of the act provides for the mode of doing act to bind the firm while section 28 relates to the doctrine of holding out as applicable to ..... applied with greater emphasis and more easily. while dealing with a partnership concern, a third party is not expected to verify the records of the partnership or from other concerned authorities as to who are the partners of partnership concern in the normal course of events.16. pollock & mulla by on the indian partnership act fifth edition by r.k. abichandani illustrates the application of this ..... principle as under:-'.....when persons are shown to have acted as partners, the burden of proof is on those who say they were not partners. this ..... from the conduct of the coparcener, who is estopped from denying the character he has assumed and on the faith of which third parties may be presumed to have acted. there being a partnership from the point of view of the general public, it follows that the persons dealing with it will not be affected by a dissolution of which no notice .....

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Sep 15 1999 (HC)

Kundan Lal NaraIn Dass, Commission Agents Vs. the Union of India (Uoi) ...

Court : Punjab and Haryana

Decided on : Sep-15-1999

Reported in : (2000)124PLR238

..... allegations of the plaintiff.5. from the pleadings of the parties, the following issues were framed by the trial court:-'1. whether the plaintiff is a firm registered under the indian partnership act? opp2. whether the damage to the consignment of 11 bundles of empty bags was due to accidental fire and not due to the negligence of the railways. if so, its ..... dass, commission agents, lehragaga, filed a money suit in the sum of rs. 2,800/- and it was pleaded by the plaintiff that the plaintiff-firm is registered under the indian partnership act and raghbir chand is one of the registered partners. an order was placed upon m/s mittal brothers, calcutta, for 11 bundles of empty gunny bags from hawra to lehragaga ..... the negligence or misconduct of its officers was responsible for the damages cannot be said to be an acknowledgement of liability within the meaning of section 19 of the limitation act. the above said principle applies to the present suit. it having not been established that a clear admission had been made by the commercial inspector and that he was authorised ..... damages to the goods is thus established from this evidence to have occurred prior to 23.11.1972.10. article 10 of the limitation act which is in the same terms as article 30 of the repealed act, reads as under: -10. against a carrier for three year when the loss compensation for losing or or injury occurs. injuring goodsthe limitation thus .....

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Oct 12 1999 (HC)

Fauja Singh Vs. Dalip Singh Ujjagar Singh and ors.

Court : Punjab and Haryana

Decided on : Oct-12-1999

Reported in : (2000)124PLR842

..... ujjagar singh filed a money suit for a sum of rs. 4,760/- by alleging that the plaintiff-firm is a registered firm with the registrar of firms under the indian partnership act and ujjagar singh is the registered partner and runs a shop of commission agent. the defendant fauja singh used to took loan at different times from the plaintiff-firm. he .....

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Aug 24 1999 (HC)

Makhan Singh Devinder Pal Singh Vs. Raja Oil Mills

Court : Punjab and Haryana

Decided on : Aug-24-1999

Reported in : [1999]98CompCas190(P& H)

..... . m.t.r. associates [1986] 59 comp cas 359. but perusal of the cited judgment clearly reveals that the said court had expressed the view that it was an unregistered partnership concern of more than seven persons. in the present case it is not so. therefore, the cited decision will not come to the rescue of the petitioner. 8. in that ..... this act; or (iii) a company registered under any previous companies law and not being a company the registered office whereof was in ..... burma, aden or pakistan immediately before the separation of that country from india and (b) save as aforesaid, shall include any partnership, association ..... up of an unregistered company. but section 582 of the said act defines the meaning of an unregistered company and reads : '582. for the purposes of this part, the expression 'unregistered company' - (a) shall not include - (i) a railway company incorporated by any act of parliament or other indian law or any act of parliament of the united kingdom (ii) a company registered under .....

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Aug 06 1999 (HC)

Smt. Raj Rani Vs. Kaushalya Devi and ors.

Court : Punjab and Haryana

Decided on : Aug-06-1999

Reported in : (2000)124PLR323

..... admits that her mother and her sister had not invested any capital in the shop. in these circumstances, it cannot be held that there was genuine partnership between three ladies after death of mangat ram. in fact these three ladies had parted exclusive possession of the shop ion question to komal kumar and ..... box. i would like to discuss their statements in order to find out as to whether the case set up by the respondents regarding entering into partnership with respondent no. 4 appears to be genuine or it was a camouflage. nirmala devi while appearing as rw1 admits in her examination-in-chief that ..... circumstances indicate that respondents no. 1 to 3 really do not have any connection with the business and their names are mentioned in the so-called partnership deed fictitiously. respondent no. 4 being the son of one of the respondents is in fact running the business in the shop and it cannot be ..... filed joint written statement stating that mangat ram was running a business under the name and style of gift museum in dabbi bazar, hoshiarpur in a partnership firm under the name and style of brij lal mangat ram. relationship of respondents no. 1 to 3 with managat ram were admitted. it was maintained ..... been taken by the respondents in this case. this court is inclined to draw an inference against the tenant and sub tenant under section 114 of the indian evidence act.11. learned counsel for the respondents relied upon (1974)76 p.l.r. 183 pirthi raj v. sardara, in which basic principle of law .....

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Jul 28 1999 (HC)

Kulwant Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Jul-28-1999

Reported in : (1999)123PLR241

..... relation to his membership of the society or ceases to be a member of the primary society to which he represents. the cessation of his partnership or disinvestment of his status as president of the society per se would not effect his position as a director of the board of the ..... person shall be admitted as member of a co-operative society except the following namely:- (a) an individual competent to contract under section 11 of the indian contract act, 1872 (9 of 1872); (b) any other co-operative society; (c) the government; and (d) such class or classes of persons or ..... an individual is the very foundation of cause and consequences under these relevant laws, unless the bye-laws validly framed in consonance with the act otherwise provide the loss of the office in the managing committee of a primary society per se will not become disqualification against the individual in ..... two classes fall in different compartments, different and distinct rules govern them and variable obligation and consequences flow therefrom. the very purpose of the act to ensure that the elected body completes its full tenure and get freedom in execution of its work would stand frustrated, if the very protection ..... is not received by the manager within the stipulated period, such representative of society shall not be entitled to vote. 21. the scheme of the act and the bye-laws framed thereunder demonstratively provide a clear distinction between 'an in individual ceasing to be the member of the managing committee' and .....

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Jun 01 1999 (HC)

Anjoo Sharma Vs. D.L.F. Educational Charitable Trust

Court : Punjab and Haryana

Decided on : Jun-01-1999

Reported in : AIR1999P& H294; (1999)123PLR119

..... decision rendered in the case of brij gopal binani v. sreelal binani (air 1978 cal. 520), was dealing with a case where a civil suit was filed for dissolution of partnership and rendition of accounts. the defendant had himself suggested arbitration but the plaintiff without any reply filed the civil suit. the defendant had stated that he is ready any willing ..... petitioner, a decree be passed directing demolition of the construction. 2. on notice having been issued, the petitioner appeared and submitted an application under section 34 of the indian arbitration act, 1940 (for short 'the act'). she prayed that there is an arbitration agreement between the parties. in terms of the agreement, all disputes have to be referred for arbitration. therefore, the suit ..... agreement. it reads as under : 'that all the disputes arising between the parties in respect of subject matter of this agreement to lease, shall be referred to arbitration under the indian arbitration act, 1940. the arbitration proceedings shall take place at new delhi and be subject to jurisdiction of delhi high court.' 11. in her application submitted under section 34 of the ..... that he is in possession of the said place. clause 25 of the agreement incorporates arbitration clause and that she has already filed an application under section 20 of the indian arbitration act in delhi high court. 9. the petitioner has appeared in person. she referred to a large number of facts which, indeed, relate to the merits and other co-related .....

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