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Judgment Search Results Home > Cases Phrase: indian partnership act Court: supreme court of india Year: 1999 Page 1 of about 17 results (0.115 seconds)

Jan 21 1999 (SC)

Gwalior Oil Mills Vs. Supreme Industries

Court : Supreme Court of India

Decided on : Jan-21-1999

Reported in : JT1999(10)SC558; (1999)9SCC113

..... by the respondent, a plea was taken to the effect that the suit was liable to be dismissed in view of the provisions of section 69 of the indian partnership act, inasmuch as the newly-added partners' names were entered by the registrar of firms on 28-2-1978 and, therefore, on the day when the suit was ..... registered with the registrar of firms originally on 29-7-1953. with the passage of time, the firm was reconstituted and as required by section 63 of the partnership act, 1932, changes in the constitution of the partners was recorded with the registrar of firms. the said section requires notice to be given to the registrar whenever ..... are the disabilities of the person, whose name does not find a place in the register of firms. for the purpose of section 69(2-a), the partnership firm will mean the firm as found in the certificate of registration and the partners as found in the register of firms maintained as per rule in form ..... patel and arvind naranji patel were partners in their individual capacity but w.e.f. 1-1-1976, they joined as huf. after the reconstitution of the partnership firm on 23-8-1976, an application was filed by the appellant with the registrar of firms for noting the change in and the reconstituted firm.4. on ..... into existence w.e.f. 1-1-1976. in any case, the firm of m/s gwalior oil mills never ceased to be a registered partnership firm. the suit was filed by the firm in 1977 and the partner who filed the plaint, namely, arvind naranji patel was admittedly a partner .....

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May 07 1999 (SC)

M/S. B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : May-07-1999

Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111

..... what is recorded in rmdc case (supra) was narrowly interpreted in this case. the question in gherulal case was, whether an agreement of partnership with the object of entering into wagering transactions was illegal within the meaning of section 23 of the indian contract act? it was held that although a wagering contract was void and unenforceable under section 30 of the contract ..... not exceeding rs. 5000.14. he referred to this judgment to make distinction between the state lotteries and other lotteries. he also referred to the amendment brought in the indian penal code through act 27 of 1870 (section 10) by introducing section 294a. this excludes the state lotteries from its penal purview, in contrast to the other lotteries. similar distinction is to ..... lotteries. the state lotteries are not penal offence, which has been understood and recognised so since 1870 when section 294a, ipc was brought into the indian penal code, 1860, this distinction has also been recognised even in the government of india act, 1935 where the state lotteries have been separately place under entry 48, list i but other form of lotteries were placed ..... the prospering clandestine lotterie section the state lotteries or state authorised lotteries have been excluded from the purview of section 294a ipc. they are placed in distinct entries in the lists of the seventh schedule, both in the government of india act and constitution of india. in spite of all this, in india and in other countries this battle to overcome .....

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May 07 1999 (SC)

B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : May-07-1999

Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)

..... : [1957]1scr874 was narrowly interpreted in this case. the question in gherulal case [1959] supp 2 scr 406, was, whether an agreement of partnership with the object of entering into wagering transactions was illegal within the meaning of section 23 of the indian contract act it was held that although a wagering contract was void and unenforceable under section 30 of the contract ..... exceeding rs. 5,000.14. he referred to this judgment to make distinction between the state lotteries and other lotteries. he also referred to the amendment brought in the indian penal code through act 27 of 1870 (section 10) by introducing section 294a. this excludes the state lotteries from its penal purview, in contrast to the other lotteries. similar distinction is to ..... are not penal offence, which has been understood and recognised so since 1870 when section 294a, i.p.c. was brought into the indian penal code, 1860. this distinction has also been recognised even in the government of india act, 1935 where the state lotteries have been separately placed under entry 48, list i, but other form of lotteries were placed under ..... covered under 'state lotteries' while entry 36 of list ii of the seventh schedule to the 1935 act covered 'betting and gambling'. consequent upon the government of india act, 1935 the adoption of laws order, 1937 has included in section 294a of the indian penal code, 1860 an exception to the offence of keeping a lottery office by excluding from the scope thereof .....

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Feb 17 1999 (SC)

State of Kerala and ors. Vs. O.C. Kuttan and ors.

Court : Supreme Court of India

Decided on : Feb-17-1999

Reported in : AIR1999SC1044; 1999(1)ALD(Cri)488; 1999CriLJ1623; 1999(1)Crimes104(SC); JT1999(1)SC486; 1999(1)KLT747(SC); 1999(1)SCALE505; (1999)2SCC651; [1999]1SCR696

..... statement, a case was registered as crime no. 5/96 of vanitha police station, ernakulam. the case was registered under sections 366a, 372, 376 and 344 read with section 34 ipc. the police started investigating into the said allegations and in the course of investigation the victim girl was examined on 24.8.96 and on 25.8.96. these respondents ..... wholly unwarranted. it was further urged that the allegations made by the lady not only amounts to commission of offence of rape alone but also the offence under immoral traffic act and the high court never applied its mind to find out whether the allegations taken at their face value would constitute other offences for which the criminal case had been ..... otherwise of the allegations made in the f.i.r. or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. it is too well settled that the first information report is only an initiation to move the machinery and to investigate into a cognizable ..... have scuttled investigation by quashing the f.i.r., particularly when the criminal case had been registered under several provisions of the penal code as well as under immoral traffic act. we also do not approve of the uncharitable comments made by the high court in paragraph (12) of the judgment against the woman who had given the f.i.r .....

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Feb 16 1999 (SC)

Hindu Public and Another Etc. Vs. Rajdhani Puja Samithee and Others Et ...

Court : Supreme Court of India

Decided on : Feb-16-1999

Reported in : AIR1999SC964; 88(1999)CLT60(SC); JT1999(1)SC509; (1999)IIMLJ121(SC); 1999(1)SCALE471; (1999)2SCC583; [1999]1SCR635

..... persons from among the organisers of these festivals and pujas, formed into the durga puja samithee and registered it as a society on 21.1.1960 under the societies registration act 1860 (act 21 of 1860) with a memorandum of association which included cultural and other activities also besides religious activities. the society then applied to the government of orissa for grant ..... court in khaji mohammed hussain sahib v. masjiday mehmood jamait managing committee, puddupet air 1940 mad 167. a division bench consisting of wadsworth and venkataramana rao, jj. held that the act 21/1860 was passed in 1860 when, according to english law, a gift for the advancement of religion or promotion of religious worship was treated as a charitable purpose and ..... allahabad high court in anjuman islamia of muttra v. nasiruddin ilr (1906) all. 384. it was contended in that case that the registration of a society called 'anjuman islamia' under act 21 of 1860 was not permissible as the society was formed for 'religious purposes only' and not for charitable purposes. the allahabad high court rejected the said contention and held ..... , or the fine arts, or for the diffusion of useful knowledge, the diffusion of political education, or for charitable purposes, it is enacted as follows-again, section 1 of the act 21/1860 reads as follows:section 1--societies formed by memorandum of association and registration--any seven or more persons associated for any literary, scientific, or charitable purpose, or for .....

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May 06 1999 (SC)

Ranjit Singh Vs. Harmohinder Singh Pradhan

Court : Supreme Court of India

Decided on : May-06-1999

Reported in : AIR1999SC1960; JT1999(4)SC478; 1999(3)SCALE630; (1999)4SCC517; [1999]2SCR1102; 1999(2)LC992(SC); (1999)3UPLBEC1685

..... to 54 raikot assembly constituency in the general elections to the punjab legislative assembly held on 7th february, 1997. the respondent, a candidate of the indian national congress, was declared elected. after the declaration of the result of the elections on 10th february- 1997, the appellant filed an election petition in ..... is, therefore, difficult to hold that when a person acquires the right to collect toll at a public ferries under section 8 of the ferries act he is performing a contract of execution of works undertaken by the government. it may have been perhaps different if the words 'in performance of ..... that the government has not performed its parts of the contract either wholly or in part.5. on its plain reading, section 9a of the act requires (i) that there must be a subsisting contract which has been entered into by the person whose candidature is sought to be disqualified with ..... in the election petition to the election of the respondent, as canvassed before the high court and before us, is based on section 9a of the act, it would be desirable to first notice the provisions of that section. section 9a reads :9-a. disqualification for government contracts, etc.a person shall ..... provisions of section 9a of the act could be attracted. replication was filed and from the pleadings of the parties, the following issues were raised:1. whether the respondent had subsisting contract for the sale of the liquor from the punjab government obtained in partnership for the year 1996-97 at .....

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May 04 1999 (SC)

Surendra Nath Mohanty and anr Vs. State of Orissa

Court : Supreme Court of India

Decided on : May-04-1999

Reported in : AIR1999SC2181; 1999(1)ALD(Cri)874; 89(2000)CLT130(SC); 1999CriLJ3496; 1999(2)CTC263; JT1999(3)SC408; 1999(3)SCALE103; (1999)5SCC238; [1999]2SCR1005; 1999(2)LC831(SC)

..... of the aforesaid legislative mandate, only the offences which are covered by table 1 or 2 as stated above can be compounded and the rest of the offences punishable under indian penal code could not be compounded.6. further, decision in ram pujan's case (supra) does not advance the contention raised by the appellants. in the said case, the court ..... mahesh chand (supra) was rendered perincuriam.5. in our view, submission of the learned counsel for the respondent requires to be accepted. for compounding of the offences punishable under the indian penal code, complete scheme is provided under section 320 of the crpc, 1973. sub-section (1) of section 320 provides that the offences mentioned in the table provided thereunder can ..... month's r.i and fine of rs.1,000 in default of payment of which to undergo r.i for further three months for the offence under section 326 ipc and no separate sentence was imposed on the other counts of offences. against that order, these appeals are filed by special leave.4. it is vehemently contended by the learned .....

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Nov 29 1999 (SC)

ishwar Dass JaIn (Dead) Thr. Lrs. Vs. Sohan Lal (Dead) by Lrs.

Court : Supreme Court of India

Decided on : Nov-29-1999

Reported in : AIR2000SC426; 2000(1)CTC359; JT1999(9)SC305; (2000)125PLR56; RLW2000(1)SC80; 1999(7)SCALE277; (2000)1SCC434; [1999]Supp5SCR24; 2000(1)LC666(SC)

..... are conflicting findings by the trial court. the plaintiffs acute need for money is proved by the fact that he incurred losses in regard to his partnership with the haryana woollen mills. this aspect, according to the plaintiff (as stated in his written submissions) is borne out by the reported judgment ..... witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the indian registration act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied.in the present case, though it ..... only be secondary evidence and unless a proper foundation is laid for adducing such secondary evidence under section 65 or other provisions of the evidence act, the privately handwritten copies of alleged account books cannot by themselves be treated as secondary evidence.26. in the recent judgment of this court ..... the document. the plea of the defendant in the written statement was that mortgage deed though true was a sham document not intended to be acted upon and that it was executed only as a collateral security. it was pleaded that the plaintiff demanded that a mortgage deed be executed by ..... d2 to d5 were only extracts from accounts books and could not be treated as account books for purposes of section 34 of the evidence act and were not admissible?(5) whether the lower courts had omitted vital evidence from consideration?(6) whether the mortgagee who got possession of the entire .....

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Mar 15 1999 (SC)

V. Sudeer Vs. Bar Council of India and anr.

Court : Supreme Court of India

Decided on : Mar-15-1999

Reported in : AIR1999SC1167; 1999(2)ALT25(SC); 1999(47)BLJR1578; 1999(2)CTC72; (1999)3GLR2135; JT1999(2)SC141; 1999(2)KLT73(SC); 1999(2)SCALE32; (1999)3SCC176; [1999]1SCR1048; 1999(1)LC7

..... practice, it shall be deemed that he is guilty of professional misconduct within the meaning of section 35 of the advocates act.'2. an advocate shall not enter into a partnership or any other arrangement for sharing remuneration with any person or legal practitioner who is not an advocate.3. every advocate ..... made by the state bar council under this chapter;[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the indian stamp act, 1899 (2 of 1899), and an enrolment fee payable to the state bar council of [six hundred rupees and to the bar council of india, ..... noted earlier. consequently, such a rule cannot be sustained under the aforesaid provision as clearly ruled by a three judge bench judgment of this court in indian council of legal aid & advice board's case (supra). even that apart, a close look at section 49(1)(ah) clearly shows that the said ..... 3)(d) read with section 49(1)(ah) would be the only relevant provisions which were considered by this court in a three judge bench judgment indian council of legal aid & advice and ors. case (supra). the ratio of the constitution bench judgment rendered in connection with an entirely different question posed ..... which shall be entered the names and addresses of -(a) all persons who were entered as advocates on the roll of any high court under the indian bar councils act, 1926 (38 of 1926), immediately before the appointed day [including persons, being citizens of india, who before the 15th day of august, 1947, .....

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Jan 06 1999 (SC)

Sangamesh Printing Press Vs. Chief Executive Officer, Taluk Developmen ...

Court : Supreme Court of India

Decided on : Jan-06-1999

Reported in : JT1999(9)SC554; (1999)6SCC44

..... to the validity of the notice issued by the plaintiff.4. on the pleadings of the parties, the following issues were framed:(1) whether the plaintiff firm is a registered partnership firm?(2) whether the plaintiff proves that the defendant has entered into a contract of supply of forms and registers as alleged in plaint para 2?(3) whether the notice ..... , contended that while deciding issue 7 the high court ought to have given the relief prayed for.8. it appears that the contention based on section 70 of the contract act was not raised before the high court. nevertheless on the basis of the findings recorded by the trial court, the high court could have considered the applicability of section 70 ..... have been entered into between the parties. but the matter does not end here. learned counsel for the appellant sought to invoke the provisions of section 70 of the contract act and it was contended that the trial court had found that the order was placed on the appellant after quotations had been invited. he submits that it is clear that .....

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