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Judgment Search Results Home > Cases Phrase: indian partnership act Court: rajasthan Year: 1973 Page 1 of about 7 results (0.051 seconds)

May 08 1973 (HC)

Controller of Estate Duty Vs. N.K. Sanghi

Court : Rajasthan

Decided on : May-08-1973

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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Mar 05 1973 (HC)

Oriental Engineering Company and 3 ors. Vs. the Union of India (Uoi) a ...

Court : Rajasthan

Decided on : Mar-05-1973

Reported in : [1974]33STC174(Raj); 1973()WLN314

..... board of revenue, rajasthan, dated 24th may, 1967, and they can be conveniently disposed of together.2. the petitioner is a registered firm under the indian partnership act, 1932, and has been carrying on the business of selling diesel engines, generators, electric motors, pumps, bearings, etc., at jaipur. it is registered ..... case [1959] 36 i.t.r. 140 were considering the provisions of sections 28, 51 and 52 of the indian income-tax act, 1922. section 28 of the said act provided for a penalty for concealment of income or improper distribution of profits, while section 51 related to the failure to ..... of the learned counsel for the petitioner is that he was denied the reasonable opportunity as envisaged by section 10a of the central sales tax act. exhibit 4, the notice issued to the petitioner was under section 10(b), carried with it a threat of prosecution which was appropriately ..... it will be profitable to extract the relevant portions of the law which are assailed before us. section 10(b) of the central sales tax act, 1956, reads:section 10. penalties. -- if any person....(b) being a registered dealer, falsely represents when purchasing any class of goods that ..... in respect of agricultural machinery parts for resale only. on 6th august, 1962, inspector baijal noticed that the certificate under the central sales tax act related only to agricultural machinery parts but the petitioner was taking benefits thereunder in regard to other machinery and goods. the petitioner, therefore, asked .....

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Oct 31 1973 (HC)

Controller of Estate Duty Vs. Smt. Shanta Ben Mani Lal Patel

Court : Rajasthan

Decided on : Oct-31-1973

Reported in : [1975]100ITR229(Raj); 1973()WLN722

..... was not correct, the tribunal might have indicated as to on what basis, it concluded, that the entire assets and liabilities were taken over by the partnership firm. in our opinion, the present case is governed by the fourth proposition of law laid down in scindia steam navigation company ltd.. the learned ..... conclusion reached by the tribunal on the first part of the second question, namely, on the ground that there was no evidence to show that the partnership firm inherited all the assets and liabilities of the sole proprietary concern of the deceased, manilal. in commissioner of income-tax v. sri meenakshi mills ..... on the legality of the conclusion reached by the tribunal. in particular, the learned counsel urged that there was no evidence to show that the partnership firm which came into being in 1953 had inherited all the assets and liabilities of the sole proprietary concern of the deceased and, therefore, in ..... as fair and reasonable. on the point of rs. 29,322 the tribunal held that since the whole of the refund amount was kept in the partnership business one-fourth share of this amount fell to the share of the other partner, namely, purshottamdas patel, and, therefore, the whole amount could not ..... it is for the person who has applied for a reference to challenge these findings first by an application under section 66(1) of the indian income-tax act, 1922. if he has failed to file an application under section 66(1) expressly raising a question about the validity of the findings of .....

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Aug 22 1973 (HC)

Commissioner of Income-tax Vs. Mukanddas Vishnukumar and anr.

Court : Rajasthan

Decided on : Aug-22-1973

Reported in : [1976]102ITR613(Raj)

..... had dividends and speculative business. their income exceeded the minimum limit for the purposes of section 18a(3) of the indian income-tax act, 1922 (hereinafter called ' the old act'), and because the assessees failed to comply with the provisions of the said section and did not submit the estimate ..... is completed on or after the 1st day of april, 1962, may be initiated and any such penalty may be imposed under this act (new act). in our opinion, once the challenge of discrimination in regard to section 297(2)(g) is repelled as was done by this court ..... and subsequently by the supreme court the language of this section clearly provides that the new act will apply in regard to the imposition of penalty in respect of any proceeding of any assessment which is completed on or after ..... tax appellate tribunal, delhi bench 'b', by its order dated march 21, 1969, has referred under section 256(1) of the income-tax act, 1961, the following question for answer, namely:'whether, on the facts and in the circumstances of the case, the tribunal was right in holding ..... act, 1922 '2. the circumstances, which it is necessary to notice for the disposal of this reference, briefly stated are these: gokuldas pradeepkumar and mukanddas vishnukumar, the two hindu undivided families, came into existence as a result of partial partition of the bigger hindu undivided family of seth thakurdas khivraj. the business of seth thakurdas khivraj was taken over by a partnership .....

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Dec 22 1973 (HC)

The Commissioner of Income-tax Vs. Mukandas Vishnukumar

Court : Rajasthan

Decided on : Dec-22-1973

Reported in : 1973(6)WLN649

..... had dividends and speculative business. their income exceeded the minimum limit for the purposes of section 18a(3) of the indian income tax act, 1922 (hereinafter called 'the old act') and because as the assessees failed to comply with the said provisions and did not submit, the estimate of advance tax ..... is completed on or after the 1st day of april. 1962 may be initiated and any such penalty may be imposed under this act (new act) in our opinion once the challenge of discriminaton in regard to section 297(2)(g) is repelled as was done by this court ..... and subsequently by the supreme court the language of this section clearly provides that the new act will apply in regard to the imposition of penalty in respect of any proceeding of any assessment which is completed on or after the ..... income tax appellate tribunal, bench 'b' by its order dated march 21, 1969. has referred under section 256(1) of the income tax act, 1961, the following question for answer, namely:whether on the facts and in the circumstances of the case, the tribunal was right in holding that ..... act, 1922 2. the circumstances, which it is necessary to notice for the disposal of this reference, briefly stated are these: gokuldas, pradeepkumar and mukandas vishnukumar, the two hindu undivided families, came into existence as a result of partial partition of the bigger hindu undivided family of seth thakurdas khivraj. the business of seth thakurdas khivraj was taken over by a partnership .....

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Feb 12 1973 (HC)

Nathmal Bhaironbux and Co. and ors. Vs. Kashi Ram and ors.

Court : Rajasthan

Decided on : Feb-12-1973

Reported in : AIR1973Raj271; 1973()WLN505

..... had taken place at bombay. it was also submitted that the firms bhaironbux and company and nathmal bhaironbux and company, bombay were two independent partnership firms. the former, therefore, denied the transactions taking place at bombay and the latter firm took the plea that the court at bikaner ..... relation with the plaintiff than to allow the plaintiff to gam the benefit of an illegal transaction.'then their lordships referred to some more english and indian cases including bigos v. bousted, (1951-1 all er 92) and extracted the following principles :-- 'the correct position in law, in our ..... remind myself of the relevant statutory provisions which have been referred to in the earlier part of this judgment. according to section 3 of the act, the central government may, by order published in the official gazette, make provisions for prohibiting, restricting or otherwise controlling, in all cases or ..... the usual commission. the courts, however, cannot recognise such a practice or course of dealings in which the contravention of the provisions of the act or the exports (control) order are involved. the dealings would be rendered unlawful in that event. therefore, if in the present case the ..... hand, contended that the defendants had never disclosed to the plaintiffs that they were appropriating the bales to themselves. they had thus clearly acted in breach of their duty as plaintiffs' commission agents and consequently if they had derived any benefits or profits out of the transaction they .....

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Mar 21 1973 (HC)

Smt. Padmadevi and ors. Vs. Gurbakshsingh and ors.

Court : Rajasthan

Decided on : Mar-21-1973

Reported in : AIR1973Raj317; 1973()WLN249

..... has not been proved that it was so signed by him. in the written-statement it was not even disclosed whether harcharan lal and sons was a partnership firm or a sole proprietorship concern. another witness is gangaram who is munim of harcharan lal. some 'rokar' and 'khata' entries have been produced and ..... was no longer liable for accident having taken place with the said vehicle. he, however, admitted that the truck was insured with defendant no. 4, the indian insurance company.6. defendant no. 3 contended that the vehicle belonged to defendant no. 5, but the company was the owner being the financier till the ..... law requires something more for the sale of motor vehicles than what is necessary for sale of the property under the provisions of the transfer of property act we fully endorse the above view.18. in our judgment, therefore, harcharan lal and sons being the ostensible owners of the truck were liable for ..... of a motor vehicle and by section 31 of the transfer of ownership of a motor vehicle. a perusal of the various provisions of the act leads to only one conclusion that ownership of a motor vehicle is to be evidenced by the registration as such with the motor registering authority and ..... -holder dies. this section is obviously not applicable to the facts of the present case and need not be reproduced. from these provisions of the act and others referred to hereinbefore, it is abundantly clear that a transport vehicle cannot be used nor can the owner cause the vehicle to be used .....

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