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Judgment Search Results Home > Cases Phrase: indian partnership act Court: rajasthan Year: 1960 Page 1 of about 10 results (0.040 seconds)

Dec 23 1960 (HC)

Gajanand Vs. Sardarmal and anr.

Court : Rajasthan

Decided on : Dec-23-1960

Reported in : AIR1961Raj223

..... now been replaced with some modifications, which are inconsequential in its nature for the purpose of this case, by section 47 of the partnership act. the repealed section 263 of the contract act and section 47 of the indian partnership act give effect to the principle of the english law that after the dissolution of the firm, the authority of each partner continues so far ..... 263 of the contract act), but it may be held that a contrary intention within the meaning of the present ..... section sufficiently appears from the nature of the transaction when it is once ascertained to be a partnership transaction, regard being had to the uniform and well understood ..... commentary of the indian contract act nave stated that the better opinion was that the representatives of a deceased partner were not necessary parties to a suit for tile recovery of that which accrued due to the partnership in the litetime of the deceased. they have further observed that:'the case is not literally covered by section 47 of the indian partnership act (formerly section .....

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Jul 28 1960 (HC)

Narsingh Das Vs. Bhairon Dan

Court : Rajasthan

Decided on : Jul-28-1960

Reported in : AIR1961Raj81

..... proceeding against the insolvent without the leave of the insolvency court.it may also be pointed out in this connection that before the indian partnership act, 1932, came into force, if the insolvent carried on business in partnership with other persons, the partnership was not dissolved by his insolvency and the other partners in that event became entitled to institute a suit for dissolution of ..... date the order of adjudication is made, by virtue of section 34 of the partnership act. again, except where there is a contract to the contrary, such firm is also dissolved when one of the partners thereof is adjudicated an insolvent (see section 42 of the ..... the partnership and for rendition of accounts outside the insolvency court.but ever since the partnership act came into force, where a partner in a firm has been adjudged an insolvent, he ceases to be a partner in the firm on the ..... partnership act). the position, therefore, is that on the adjudication of a partner as insolvent, his share in the partnership business along with his separate property vests in the insolvency court.once this vesting takes place, the provisions of section 17 of .....

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Sep 26 1960 (HC)

K.P. Brothers Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Sep-26-1960

Reported in : AIR1962Raj152

..... 1954-55, the previous year being the period ranging from, 10-10-1952 to 26-10-1953 (both inclusive). the assessee is a partnership firm registered under section 26a of the indian income-tax act consisting of 4 partners, one of them being shri kishan chand son of maya ram, opposite party no. 2. he had an ..... a further sum of rs. 40,000/-/- to that of his mother jasodhabai as cash gifts. mayaram, chella ram, and shrimati jasodhabai had accounts with the partnership firm and the sum of rs. 60,000/-/- and rs. 40,000/-/-were credited to their respective accounts accordingly and a sum of one lakh was debited ..... was not entitled to claim a deduction of the interest credited in the books to the trust account from his income under section 10 of the indian income-tax act.6. in the cases discussed above the donees made entries in their own books of account in pursuance of their intentions to make gifts of their ..... rs. 1,108/-/- credited to the accounts' of donees by the assesses firm could not be regarded as allowable deductions under section 10 (2) (iii) of the indian income-tax act. the tribunal relied on the following decisions in coming to this conclusion :(1) chamber v. chamber air 1941 mad 154; (2) r. m. v. muthappa chettiar ..... ranawat, j.1. this is a reference by the income-tax appellate tribunal (delhi branch) under section 66(1) of the indian income-tax act. the following questions have been referred :1. whether on the facts and in the circumstances of this case, the debit entry of rs. 1 .....

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Oct 26 1960 (HC)

Sahdeo Vijay Kumar Vs. Commissioner of Income-tax, Delhi.

Court : Rajasthan

Decided on : Oct-26-1960

Reported in : [1961]42ITR182(Raj)

..... it may be mentioned that sahdeo vijay kumar, kesrisinghpur, is a partnership firm constituted under an instrument of partnership dated the 5th of january, 1953. the firm started functioning on the 2nd of march, 1951. it was registered under section 26a of the indian income-tax act for the assessment year 1953-54 and 1954-55. the assessee firm ..... give 14 days notice of his intention to refuse the claim for renewal of registration in accordance with the proviso to section 23(4) of the indian income-tax act ?'the facts and circumstances of this case have been described in detail in the statement of this case have been described in detail in the statement ..... relied upon the decision in agarwal and co. v. income-tax officer.an application for registration of a partnership firm has to be made under the provisions of section 26a of the income-tax act and is under the act. under rule 6a an income-tax officer has been authorised to refuse to register or to refuse to ..... renew registration in case he is not satisfied that such a partnership firm did or does exist. such officer has also been ..... ranawat, j. - this is a reference under section 66(1) of the indian income-tax act by the income-tax appellate tribunal, delhi bench. the following question has been referred :'whether on the facts and in the circumstances of this .....

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Sep 26 1960 (HC)

K. P. Brothers Vs. Commissioner of Income-tax, New Delhi.

Court : Rajasthan

Decided on : Sep-26-1960

Reported in : [1961]42ITR650(Raj)

..... being the period ranging from october 10, 1952, to october 26, 1953 (both inclusive). the assessee is a partnership firm registered under section 26a of the indian income-tax consisting of 4 partners, one of them being shri kishan chand, son of maya ram, opposite party no. 2. he had ..... not entitled to claim a deduction of the interest credited in the books to the trust account from his income under section 10 of the indian income-tax act.in the cases discussed above, the donees made entries in their own books of account in pursuance of their intentions to make gifts of ..... . the delivery according to section 123 may be made in the same way as goods sold may be delivered.section 33 of the sale of goods act, 1930, which provides for delivery of goods sold, is as follows :'delivery of goods sold may be made by doing anything which the parties agree ..... 1,108 credited to the accounts of the donees by the assessee firm could not be regarded as allowable deductions under section 10(2)(iii) of the indian income-tax act. the tribunal relied on the following decisions in coming to this conclusion : chambers v. chambers; muthappa chettiar v. commissioner of income-tax; hanmantram ramnath ..... is entitled to claim a deduction of the interest credited in the two accounts under the provisions of section 10(2)(iii) of the income-tax act ?the tribunal has stated the facts and circumstances of this case as noted below.the assessment year under consideration is 1954-55, the previous year .....

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Jan 19 1960 (HC)

The Kotah Transport Ltd., Kotah and ors. Vs. the Jhalawar Transport Se ...

Court : Rajasthan

Decided on : Jan-19-1960

Reported in : AIR1960Raj224

..... . 8), assistant engineer. dr. bhatia (p. w. 4) also says that the plaintiff obtained contract of the hospital building in 1942. even though some of the contracts were taken in partnership of his brother or a few other persons, the evidence appears to be adequate to prove that his monthly income could not have been less than rs. 500/ to rs ..... .30. the position in this case is yet stronger as further factors indicate; these factors strengthen the hands of the court in interpreting and applying the principles of the indian fatal accidents act in deciding cases of this nature. some annual administration reports of the kotah state from october, 1938, to september, 1939, and october, 1940, to september, 1941, have been produced ..... and representatives. this was the state of the english common law on the subject whatever the position may have been prior to lord campbell's act of 1846 and the law reforms act of 1934; and the indian courts when applying the rules of justice, equity and good conscience, would be justified in applying the law of torts as it stood at the ..... man than to maim and cripple him. the learned counsel has seriously questioned these reasonings of the learned district judge.27. under article 21 of the indian limitation act, a 'suit by an executor, administrator or representative under the indian fatal accidents act, 1855, can be filed within one year from the date of the death of the person killed.' the kotah state limitation .....

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May 09 1960 (HC)

Hagami Lal Ram Prasad, a Firm and ors. Vs. Bhuralal Ram NaraIn and ors ...

Court : Rajasthan

Decided on : May-09-1960

Reported in : AIR1961Raj52

..... of rs. 5,237/-including the charges for arat, dharmada and interest. the plea in regard to the maintainability of the suit was overruled, because the court found that the partnership act was not in force ia mewar when the suit was filed and the suit was maintainable even though the plaintiffs' firm was not registered. it was also held that the ..... relation to which such claims are made are by way of wager. such agreements being collateral to the wagering transactions cannot fall within the mischief of section 30 of the indian contract act, unless it is further established that the contracts which the commission agent or the broker entered into with third parties on behalf of his constituents were also wagering contracts ..... , etc. issued thereunder or to be issued thereafter was applied to the whole of the united state of rajasthan with immediate effect.section 7 of the indian cotton (control) order, 1945 which was brought into force abrogated and repealed the previous orders. in this case as found by the learned judge the transactions between the parties related ..... was issued in exercise of the powers conferred by section 3 of the united state of rajasthan eassential commodities control ordinance, 1948. as a further result of the notification, the indian cotton (control) order, 1945, made by the central government and published tinder its notification no. 80-tax. 1/48 dated 2nd august, 1948 together with all notifications, directions and orders .....

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Mar 29 1960 (HC)

Ram Chandra Vs. Laxman Das and ors.

Court : Rajasthan

Decided on : Mar-29-1960

Reported in : [1961]12STC367(Raj)

..... respondents were partners carrying on business in the name and style of messrs arjundas laxmandas and the applications whose certified copies are produced were submitted on behalf of the partnership firm in connection with the sales tax assessments. the non-petitioners as partners could get certified copies. there is nothing to show that under the practice prevailing in ..... . a similar issue having been raised in this suit also, the plaintiffs laxmandas and pamandas, produced similar certified copies of the applications produced by ramchandra on behalf of the partnership firm before the sales tax officer, jodhpur, and a similar prayer for summoning an official of the sales tax department was made. the petitioner, ramchandra, who was defendant ..... plea of an earlier dissolution of the firm, the defendants produced certified copies of two applications alleged to . have been made by the plaintiff ramchandra on behalf of the partnership firm before the sales tax officer, jodhpur city. a prayer was also made for summoning an official of the sales tax department to produce the original applications. the plaintiff ..... prohibits courts from requiring any public servant to produce the documents specified in the earlier part. in connection with this part, an expression, 'notwithstanding anything contained in the indian evidence act no. 1 of 1872' has been introduced. the omission of any similar expression in the earlier part is consequently very significant and material and one has reason to infer .....

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Oct 18 1960 (HC)

Commissioner of Income-tax, Delhi and Rajasthan Vs. Braham Dutt Bharga ...

Court : Rajasthan

Decided on : Oct-18-1960

Reported in : [1962]44ITR224(Raj)

..... ltd., were promoted with a view to take over the business previously carried on by the said partnership. this necessitated the termination of the service of the assessee amongst other employees. the now public company - killick industries ltd., took the assessee into its employment on fresh terms. the ..... that the payment is capital payment or revenue payment.'again, in commissioner of income-tax v. sheppard the assessee was in the employ of killick nixon & co., which was a partnership concern carrying on business on a large scale in india. this firm decided to recognise its business by converting itself into a company. the public company styled as killick industries ..... our of which the question has arisen.the respondent was engaged as a general manager of the general assurance society ltd., which was a company incorporated and registered under the indian companies act having its registered office at ajmer, on july 5, 1943. the said company and the respondent entered into an agreement which is marked as exhibit a. under clause (1 ..... they were actually paid to it. in those circumstances, the question arose whether the sum rs. 26,000 received by the assessee was a revenue receipt assessable under the indian income-tax act. it was observed by their lordships that it was not always easy to decide whether a particular payment received by a per son is his income or whether it .....

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Oct 12 1960 (HC)

O.P. Verma Vs. Lala Gehrilal and anr.

Court : Rajasthan

Decided on : Oct-12-1960

Reported in : AIR1962Raj231

..... arbitrator gave an award in favour of the plaintiff that the defendants should pay him a sum of rs. 17500/- in complete settlement of the partnership account in question and that the defendants accepted this award and defendant chandmal gave a cheque for the aforesaid amount to the plaintiff. the defendants ..... ). the facts in this case were these. the plaintiff had obtained a judgment from the supreme court of penang against the defendants who were british indian subjects but were residents at the time of the suit at penang. they did not appeal to contest the suit in the court at penang. ..... transaction even though it may be clothed imperfectly after the bargain has been acted upon. the principle of this case, in our opinion, squarely applies to the case before us and we respectfully adopt it. learned counsel invited ..... decree taken together in that case were defective or inchoate to conclude a valid agreement for the extinction of the equity of redemption, the subsequent actings of the parties may be such as to supply all such defects on the principle that justice, equity and good conscience will support a ..... the acceptance of such a view would, in our opinion, be opposed to all considerations of equity, justice and good conscience and in fact the actings of the parties themselves.reference may be made in support of this proposition to a decision of their lordships of the privy council in mahomed musa .....

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