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Judgment Search Results Home > Cases Phrase: indian partnership act Court: punjab and haryana Year: 2002 Page 1 of about 4 results (0.076 seconds)

Jan 22 2002 (HC)

Bedi Sons Steels and Wires Vs. B.G. Brothers

Court : Punjab and Haryana

Decided on : Jan-22-2002

Reported in : [2002]112CompCas426(P& H)

..... 1992(2) all india banking law judgments 20, wherein it was observed as under :'proprietary concern is not a firm. a firm is a partnership firm consisting of partners. in this case, the first accused is not a firm. it is only a proprietary concern. as such section 141 of the ..... been directed to appear in the court to face trial in complaint filed under section 138 of the negotiable instruments act, 1981 (hereinafter referred to as the act') read with section 420 of the indian penal code and the order dated 20.8.2001 (annexure-p.5) whereby application filed by the petitioner under ..... these things sink, sail and merge with only the entity.' 8. the controversy raised stands settled in the latest pronouncement of the apex courtin anil hada v. indian acrylic ltd., iv (1999) ccr 285 (sc)=ii (1999) bc 138=x (1999) slt 487=2000(1) rcr (criminal) i, wherein the brief ..... that reason proceedings could not be initiated against its name in terms of the provisions of section 11 of the indian penal code read with section 3(42) of the general clauses act and for that reason complaint being not maintainable was liable to be dismissed. this application was contested by the respondent ..... was issued by raman as proprietor of m/s. sri sivasakthi industries and raman cannot be proceeded with for offence under section 138, negotiable instruments act should not be countenanced by the trial court. the complaint is maintainable against the second accused. on the ground that accused 1 and 2 arc .....

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Jan 10 2002 (HC)

Swastika Woollens Vs. Presiding Officer, Employees Provident Fund Appe ...

Court : Punjab and Haryana

Decided on : Jan-10-2002

Reported in : (2003)ILLJ241P& H

..... losses from year to year.' 23. in the case of taneja woollen mills, the petitioner had set up the following defence:-i) that there was change in constitution of the partnership to private limited company w.e.f. 30.9.88, on account of which the present occupier could not operate bank account for a long period, which consequently caused delay ..... port and could not be retrieved. this caused heavy loss to the establishment. onaccount of which there was delay in payment of dues. ii) that change in constitution of the partnership firm to private limited company was effected on 1.4.1985. on account of which the present occupier could not operate bank accounts, which consequently caused delay in deposit of ..... and recovering the arrears. as the amounts are due to the trust fund and the recovery is not by suit, the provisions of the indian limitation act. 1963 are not attracted. 3. the position under section i4b of the act of an employer is totally different. the employer who has defaulted in making over the contributions to the trust fund had, on the ..... the units of m/s swastika wool traders private limited, ludhiana, which was set up in may 1978 at new delhi, as a partnership concern and later on converted into a private limited company. copy of the partnership deed has been placed on record as annexure r-2. according to respondent no.2, the petitioners were duty-bound to deposit the dues .....

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Feb 15 2002 (HC)

R. Kakkar Glass and Crockery House Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Feb-15-2002

Reported in : (2002)173CTR(P& H)503; [2002]254ITR273(P& H)

..... of law and facts. for the sake of convenience, the facts are taken from civil writ petition no. 17719 of 2000.2. the petitioner, a partnership firm, filed its return of income for the assessment year 1991-92 on october 4,1991, declaring an income of rs. 51,180. the said return ..... against issuing another notice under section 148 by rectifying the technical defects provided it falls within the parameters prescribed in sections 147 and 148 of the act. learned counsel also pointed out that pendency of the revenue's appeal before the tribunal in the earlier proceedings would not lead to any anomalous ..... , after recording the following reasons :'during the course of search operation conducted under section 132 of the income-tax act, 1961, at the residential premises of r. kakkar glass and crockery house, lal bazar, jalandhar, cash amounting to rs. 60,000 and fdrs/kvps, ..... including some rough balance-sheets were found and seized. on the basis of the seized material, the assessment was reopened under section 147 of the act by the assessing officer for taxing the income which had allegedly escaped assessment. for this purpose, notice under section 148 was issued on july 18,1995 ..... was processed under section 143(1)(a) of the income-tax act, 1961 (for short 'the act'). subsequently, on october 24, 1994, a search under section 132(1) was conducted at the business premises of the petitioner and also at .....

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Dec 20 2002 (HC)

Deva Disc and Tiller, Through Its Partners Anil Kumar and Des Raj Vs. ...

Court : Punjab and Haryana

Decided on : Dec-20-2002

Reported in : II(2003)BC278; (2003)133PLR776

..... lekh ram, who are petitioner nos. 2 and 3 in the present petition. in all total amount of rs. 37.84 lacs were given to the aforesaid partnership concern, accused no. 1 on 13 march, 1995, 22nd july, 1995 and 11th november, 1997. as per terms of loan agreement, the borrowers had undertaken ..... behalf of the appellant that the allegations in the complaint clearly made out offences punishable under section 420, 406, 423, 424 read with section 120b ipc and therefore, the single judge had erred in quashing the proceedings. on the other hand, it was argued on behalf of the respondents that the ..... cr.p.c. before the chief metropolitan magistrate alleging that the respondents had committed offences under section 420, 406 and 423 read with section 120b ipc. the proceedings in that case was challenged by the respondents under section 482 cr.p.c. before the high court and were quashed and the ..... the allegations contained in the complaint (annexure p.1) reveal only breach of contract, and does not constitute an offence either under section 406 or section 420 ipc.' 10. in alpic finance limited v. p. sadasivan and anr., 2001 scc (cri.) 565 the appellant was a registered non-banking company, carrying on business ..... essential ingredient of both these offences. to constitute an offence under section 406 or section 420 ipc it is for the prosecution to allege and prove that there was dishonest intention to do the particular act on the part of the accused person. if there is no such averment or any evidence in .....

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