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Judgment Search Results Home > Cases Phrase: indian partnership act Court: rajasthan Page 1 of about 325 results (0.039 seconds)

Apr 22 1996 (HC)

Addl. Commissioner of Income-tax Vs. Hassan Chand and Sons

Court : Rajasthan

Reported in : [1997]224ITR244(Raj)

..... and to pay to the guardian of his estate an equal share in the profits of the new firm in accordance with the provisions contained in section 37 of the indian partnership act, 1932. the guardian was not to bear the losses which were to be shared equally by the two remaining partners who were to carry on the business. shri abdul razaq ..... invalid merely because the continuing partners and the guardian of the heirs of the deceased noor mohammed, made efforts to give effect to the provisions of section 37 of the indian partnership act.13. regarding the question as to whether payments made to the guardian of the heirs of the deceased shri noor mohammed were deductible as a charge in arriving at the ..... . he held the view that the guardian of the heirs of the deceased partner constituted the third partner in the firm and, therefore, the provisions of section 37 of the indian partnership act, 1932, did not apply to the case.10. having lost its case before the income-tax officer and the appellate assistant commissioner for both the years, the assessee-firm approached ..... december 31, 1958, no profits were attributable to the use of his share in the properties of the firm so as to attract the provisions of section 57 of the indian partnership act, 1932, to the facts of the present case. the income-tax officer, therefore, held that neither the application was signed by all the partners nor were the profits and losses .....

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Dec 19 1969 (HC)

Seth Sobhag Mal Lodha and ors. Vs. Edward Mills Co. Ltd. and ors.

Court : Rajasthan

Reported in : [1972]42CompCas1(Raj); 1969()WLN498

..... on behalf of the firm. there was, therefore, no question of realising the property of a dissolved firm. after the partition suit the firm began to be governed by the indian partnership act. in this view of the matter, subsection (3) of section 69 will not apply to this case to enable the plaintiffs to file a suit without the registration of the ..... the necessary incidence and the resolution on the demises of the partners, if it could be deemed to have continued after their deaths, stood dissolved under section 42 of the indian partnership act on defendant no. 2's adjudication as insolvent3. that the provisions in the memorandum of association and the articles of association of the company relating to the management are merely ..... the filing of the partition suit, the status of the joint family underwent a change and the business became a partnership business. under section 69 of the indian partnership act, 1932, no suit could have been instituted unless the partnership was registered. section 69 of the indian partnership act, 1932, runs as follows :' (1) no suit to enforce a right arising from a contract or conferred by ..... joint family, even if it was joint, was changed and thereafter as the business was carried on jointly, the firm became an ordinary partnership concern subject to the indian partnership act. as the firm was not registered, section 69 of the partnership act stood in the way of filing the suit without the registration of the firm.8. that in the balance-sheet a sum of .....

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May 05 1988 (HC)

Commissioner of Income-tax Vs. Sri Krishna Re-rolling Mills

Court : Rajasthan

Reported in : (1988)70CTR(Raj)175; [1989]175ITR366(Raj); 1988(2)WLN128

..... with the remaining partners together with the heir and representative of the deceased partner. it was expressly held that (at p. 765) 'by virtue of section 42(c) of the indian partnership act, 1932, a firm was dissolved by the death of a partner but as the section provided, that was subject to the contract between the partners.' reference was also made in ..... is distinguishable forany reason.7. as already indicated, there was a contract to the contrary in the partnership deed as a result of which the partnership firm did not stand dissolved in accordance with the general principle contained in section 42(c) of the indian partnership act on the death of two of the six partners. this is also evident from the fact that the ..... together with the heir of the deceased partner being taken in as a partner. it is the terms of this partnership deed which governed the case at the time of death of the two partners. clause (c) of section 42 of the indian partnership act, 1932, which lays down the general principle of dissolution of a firm on the death of a partner is ..... , the firm shall not stand dissolved ; and so in view of section 42(c) of the indian partnership act, after the death of a partner, the firm automatically stands dissolved. this is the only basis on which the tribunal has come to the conclusion that the partnership firm stood dissolved on the death of the two partners. this finding is not based on any .....

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Jul 04 1980 (HC)

Commissioner of Income-tax Vs. Amber Corporation

Court : Rajasthan

Reported in : [1981]127ITR29(Raj)

..... sahay mall rameshwar dayal v. bish-wanath prasad, : air1963pat221 and sudhansu kanta v. manindra nath, : air1965pat144 .7. section 14 of the indian partnership act reads as under:'14. subject to contract between the partners, the property of the firm includes all property and rights and interest in property originally ..... transfer could be given effect to, and the property known as rambagh palace cannot be considered to have been contributed towards the assets of the partnership in the absence of registration, it is, thus, contended that the question of depreciation on such property does not arise at all and the ..... as 'the assessee', was a firm consisting of five partners, namely, the late h.h. sawai man singhji of jaipur and his four sons. the partnership was formed to carry on hotel business at jaipur in december, 1957. a few months earlier to it, i.e., on march 18, 1957, the ..... interests which the partners may have brought into the common stock as their contribution to the common business are parts of the partnership property. even if a property contributed by one partner be an immovable property, no document registered or otherwise, is required for transferring the property ..... their contribution towards the assets of the partnership did not require registration? 2, whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the assessee was entitled to depreciation under section 10(2)(vi) of the indian income-tax act, 1922, in respect of the .....

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Dec 05 1984 (HC)

Additional Commissioner of Income-tax Vs. Emery Stone Mfg. Co.

Court : Rajasthan

Reported in : (1985)47CTR(Raj)204; [1985]153ITR150(Raj)

..... ceasing to be partners or one or more new partners being admitted. it deals with cases of retirement of partners and introduction of new partners but the firm under the indian partnership act would continue in such a case. therefore, all that section 187(2) points out is that with the retirement of one or more of the partners, so long as one ..... relevant previous year. on those facts, it was held (p. 526) :' ......that section 187 applies only where a firm is reconstituted in accordance with sections 31 and 32 of the indian partnership act, namely, when a new partner is taken or an existing partner retires with the consent of all the partners or without their consent if the contract of ..... for mr. n. p. gupta, learned counsel for the asses-see-firm.6. the partnership deed dated april 12, 1965, inter alia, provides that the partnership shall be 'at will'. clause (15) of the partnership deed dated april 12, 1965, is as follows :'(15). the provisions of the indian partnership act, 1932, and the statutory modification thereof shall govern the relationship between the partners on the ..... matters not provided for in these presents.'7. section 42 of the partnership act deals with dissolution on the happening of certain contingencies. the relevant part of section 42 is as follows :'section 42. dissolution .....

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Mar 29 2006 (HC)

State of Rajasthan Vs. Sahiram Ram Chandra

Court : Rajasthan

Reported in : RLW2006(3)Raj2300; 2006(3)WLC738

..... .68 principal + 8,098.32 interest). the plaintiff-firm carries the work of contract with the pubic works department (b & r). the plaintiff firm is a registered firm under the indian partnership act, 1932 and sahiram is one of the partners in the said firm. the plaintiff firm took a contract for making 'sangaria-tb' road from 15/5 kms. to 23/0 ..... both the parties, the learned trial court decided the issues no. 1 and 4 in favour of the plaintiff holding that the plaintiff-respondent is a registered partnership firm under the provisions of the indian partnership act, 1932 and the plaintiff is entitled t recover the amount of the final bill rs. 1 020.50 and security amount rs. 7322/- total rs. 8342.50 .....

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Feb 25 1999 (HC)

Dharampal and Smt. Pushpa Devi Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1999CriLJ3110

..... of the firm are not mentioned. the petitioners have brought on record a copy of the entry of the register under section 67 of the indian partnership act issued by the office of registrar of firms, a reading of which makes it clear that on 1-4-78 sri chand and dasu mai ..... checking.7. simply because ashok kumar, chhogamal and sunita have been discharged by the trial court, it cannot be presumed that the two petitioners constituted the partnership firm. the burden to establish that the petitioners were the partners of the firm m/s. narendra & co., udaipur, lay on the prosecution. the prosecution ..... p-15. mr. thakur pointing out that in the complaint it has nowhere been stated that the petitioners were incharge and were responsible to the partnership firm for the conduct of business urged that the proceedings against them are abuse of the process of the court and should be quashed.5. learned ..... was ordered that charges shall be framed against dharampal, pushpa devi and sri chand under section 146(1) read with section 3 of the e. c. act. however, by the subsequent order d/- 21-4-84 the trial court reversed its earlier order and discharged sri chand also. it is not understood, as ..... of the proceedings pending against them in the court of addl. chief judicial magistrate, udaipur under section 7 read with section 3 of the essential commodities act, 1955.2. the relevant facts of the case are these. shri khema ram vishnoi, enforcement inspector on 18-11-79 intercepted a tanker of kerosene .....

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May 08 1973 (HC)

Controller of Estate Duty Vs. N.K. Sanghi

Court : Rajasthan

Reported in : [1974]97ITR119(Raj); 1973()WLN372

..... was invested in a firm of which shri motilal sanghi was a partner.14. in this connection, we shall have to refer to the provisions of the partnership act. according to section 14 of the indian partnership act, all property and rights and interest in property originally brought into the stock of the firm becomes, subject to a contract between the parties, property of the ..... firm. the whole concept of a partnership is to embark upon a joint venture and for that purpose to bring in as capital money or other property including immovable ..... that a person contributing the asset enjoys the right of ownership to the exclusion of other partners of the firm.15. while examining the scope of the provisions of the partnership act vis-a-vis the nature of the capital employed in the partnership business their lordships of the supreme court in addanki narayanappa v. bhaskara krishnappa referred to various provisions of the ..... property gifted by john chick was so used in connection with the partnership business. after the death of john chick, a question arose whether the value of the property gifted by him was liable to be included in the dutiable estate under section 102(2)(d) of the stamp duties act of new south wales which provision was analogous to the provisions .....

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Jul 30 1987 (HC)

Commissioner of Income-tax Vs. Guman Mal Shushi Chand

Court : Rajasthan

Reported in : [1988]170ITR503(Raj)

..... the death of one of the partners of the firm, it stood dissolved by operation of law, according to section 42 of the indian partnership act and, therefore, it was a case of succession governed by section 188 of the act and not of a mere change in the constitution of the firm governed by section 187. this view of the tribunal has given ..... of the general principle of dissolution of a firm on the death of a partner contained in section 42(c) of the indian partnership act. for the same reason, the proviso inserted in section (2) of section 187 of the income-tax act, 1961, retrospectively with effect from april 1, 1975, has no application for the reasons given by us in d.b. income ..... is no dissolution of the firm on the death of any of its partners on account of a contract to the contrary in the partnership deed, the said proviso inserted in section (2) of section 187 of the act not being applicable, it is a case governed by section 187 since it is merely a case of a change in the constitution ..... not a change in constitution and that section 187 of the income-tax act, 1961, does not govern cases of this type ?'2. the assessee-firm consisted of three partners constituted by a deed of partnership dated may 14, 1965. one of the terms of the deed was that the partnership would not stand dissolved on the death of any of its partners .....

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Feb 07 2001 (HC)

Commissioner of Income-tax Vs. D.K. Trivedi and Sons

Court : Rajasthan

Reported in : [2001]250ITR561(Raj); 2002(1)WLN230

..... .'12. the supreme court, considering the question in the light of distribution of assets on the dissolution of a firm, said (see : [1979]120itr49(sc) , head-note) :'a partnership firm under the indian partnership act, 1932, is not a distinct legal entity apart from the partners constituting it and equally in law the firm as such has no separate rights of its own in ..... the partnership assets and when one talks of the firm's property or the firm's assets all that is meant is property or assets in which all partners have ..... respect of a ship, machinery or plant installed after the 31st day of december, 1957, in any assessment year under section 33 or under the corresponding provisions of the indian income-tax act, 1922 (11 of 1922), and ...(ii) at any time before the expiry of eight years referred to in subsection (3) of section 34, the assessee utilises the amount credited ..... mutual adjustment of rights between partners and there is no question of any extinguishment of the firm's rights in the partnership assets amounting to a transfer of assets within the meaning of section 2(47) of the income-tax act, 1961. there is no transfer of assets involved even in the sense of any extinguishment of the firm's rights in .....

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