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Judgment Search Results Home > Cases Phrase: indian partnership act Court: supreme court of india Year: 2002 Page 1 of about 8 results (0.095 seconds)

Dec 10 2002 (SC)

Commissioner of Income Tax Vs. Sunil J. Kinariwala

Court : Supreme Court of India

Decided on : Dec-10-2002

Reported in : AIR2003SC668; (2003)179CTR(SC)15; [2003]259ITR10(SC); JT2002(10)SC277; (2003)1SCC660; 2003(1)LC543(SC)

..... special interest in the main partnership. the case on hand cannot be treated as one of a sub-partnership, though in view of section 29(1) of the indian partnership act, the trust, as an assignee, becomes entitled to receive the ..... person and a case where a partner constitutes a sub-partnership with his share in the main partnership. whereas in the former case, in view of section 29(1) of the indian partnership act, the assignee gets no right or interest in the main partnership, except of course, to receive that part of the ..... assigned share in the profits from the firm not as a sub-partner because no sub-partnership came into existence but as an assignee ..... profits of the firm referrable to the assignment and to the assets in the event of dissolution of the firm, but in the latter case, the sub-partnership acquires a ..... mr. u.u. lalit, learned counsel appearing for the respondent-assessee, on the other hand, argued that under section 29(1) of the india partnership act, 1932, the trust became entitled to receive fifty per cent share of the assessee's income from the firm by assignment under the settlement deed and, .....

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May 31 2002 (SC)

Union of India (Uoi) and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Decided on : May-31-2002

Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1

..... netherlands-australia double taxation agreement, so as to be excluded from article 7 (business profits) of that agreement. one leonard green, a principal of leonard green and associates a limited partnership established in the united states, became aware of a potential investment opportunity in australia. america resources and mining company nl ('america'), a company listed on the australian stock exchange, ..... we have already emphasised the whole purpose of the dtac is to ensure that the benefits thereunder are available even if they are inconsistent with the provisions of the indian income-tax act. in our view, therefore, the principle of piercing the veil of incorporation can hardly apply to a situation as the one before us.117. the respondents banked on ..... they are, in fact, prevented from earning any income there; they are not liable to income tax on capital gains under the mauritius income-tax act. they are liable to pay income-tax under indian income-tax act, 1961, since they do not pay any income-tax on capital gains in mauritius, hence, they are not entitled to the benefit of avoidance of ..... today provides a suitable treaty conduit for south asia and south africa. in recent years, india has been the beneficiary of significant foreign funds through the 'mauritius conduit'. although the indian economic reforms since 1991 permitted such capital transfers, the amount would have been much lower without the india-mauritius tax treaty ibid .136. overall, countries need to take, and .....

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Apr 16 2002 (SC)

Beckodan Abdul Rahiman Vs. State of Kerala

Court : Supreme Court of India

Decided on : Apr-16-2002

Reported in : AIR2002SC1810; 2002(1)ALD(Cri)952; 2002(1)ALT(Cri)356; (SCSuppl)2002(4)CHN47; 2002CriLJ2529; 2002(2)Crimes375(SC); 2002(81)ECC8; JT2002(4)SC68; 2002(2)KLT211(SC); RLW2002(4

..... is to suffer for the consequences. the legitimacy of the judicial process may come under the cloud if the court is seen to condone acts of lawlessness conducted by the investigating agency during search operations and may also undermine respect for the law and may have the effect of unconscionably ..... anyone excepting a female.'5. keeping in mind the grave consequences which are likely to follow on proof of possession of illicit articles under the act, namely, the shifting of the onus to the accused and severe punishment to which he becomes liable, the legislature has enacted and provided certain ..... records grounds for his belief under the proviso thereto he shall forthwith send a copy thereof to his immediate official superior.'4. section 50 of the act prescribes:'50. conditions under which search of persons shall be conducted - (1) when any officer duly authorised under section 42 is about to search ..... . on enquiry from the accused whether he would like to meet any higher official or gazetted officer, he allegedly replied in negative. section 42 of the act provides:'42. power of entry, search, seizure and arrest without warrant or authorisation. - (1) any such officer (being an officer superior in rank ..... was enacted with a view to suppress traffic in contraband and abuse of dangerous drugs, particularly derived from opium, indian hemp and coca leaf etc. the act prescribed maximum punishment of imprisonment for three years with or without fine, in so far as the first offence is .....

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Dec 17 2002 (SC)

S. Amarjit Singh Kalra (Dead) by Lrs. and ors. and Smt. Ram Piari (Dea ...

Court : Supreme Court of India

Decided on : Dec-17-2002

Reported in : AIR2003SC2588; 2003(2)ALD1(SC); RLW2003(2)SC222; (2003)3SCC272; [2002]SUPP5SCR350

..... to be otherwise not fit or capable of any cultivation. the said lessees seem to have sublet the same on 23.5.1942 in favour of a partnership firm of kota in rajasthan, known as 'dewan bahadur seth kesari singh budh singh', for the remaining period of seventeen years from 18.4.1942 to ..... sundari claimed to have been inducted as the third partner in the sub-lessee firm and thereafter on 17.10.1951, an alleged dissolution of the partnership was said to have taken place as evidenced by a supplementary deed of dissolution said to have been executed on 27.8.1953 (unregistered) allotting the ..... circumstances noticed by us that the claimants appellants have each own distinct, separate and independent rights, the principles enumerated in harihar prasad's case (supra) and indian oxygen ltd. case (supra) squarely apply with all force. the appeals even dehors the claims of the deceased and others who have not chosen to approach ..... to file an appeal within the time allowed by law and should not, therefore, be granted relief under order, 41, rule 33.' (emphasis supplied)24. in indian oxygen ltd. v. ram adhar singh and ors. : c.a. no. 1444/1966 dated 24.9.1968, a bench of three learned judges of this court ..... rights of the partnership firm under the mining sub-lease dated 23.5.1942, to smt. gulab sundari. claiming to have secured a bhumidari certificate under the land reforms act, she seems to have filed a civil suit no. 174 of 1959 seeking .....

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Dec 11 2002 (SC)

Commissioner of Wealth Tax, Gujarat Vs. Lov S. Kinariwala

Court : Supreme Court of India

Decided on : Dec-11-2002

Reported in : AIR2003SC537; (2003)179CTR(SC)9; [2003]259ITR440(SC); JT2002(10)SC212; (2003)2SCC13; [2002]SUPP5SCR44; 2003(1)LC524(SC)

..... giving rise to this appeal.5. the respondent-assessee is a beneficiary of the main trust. the sum (being the share income of the assessee from the partnership firm) was assigned to the trust by the assessee. the same, along with other income of the trust, was distributed among all the beneficiaries, including the ..... by the commissioner (appeals) as well as by the tribunal, the high court was right in rejecting the application under section 27(3) of the wealth tax act.8. we find no merit in the appeal. it is, accordingly, dismissed.9. no costs.civil appeal nos. 1847-48/2002 1847-48/2002 , 1865/2002 ..... the assessee?'2. in the order under challenge, the high court mentioned two grounds for rejection of the application under section 27(3) of the wealth tax act, namely, (1) the decision of the tribunal is on the question of fact emanating from the record and no question of law arises out of it; ..... appeal, by the revenue, arises from the common order passed by the high court of gujarat on an application under section 27(3) of the wealth tax act declining to direct the income tax appellate tribunal (for short, 'the tribunal') to state the case and refer to it the following question of law:'whether ..... question sought to be referred would not arise and, therefore, the tribunal under section 27(1) of the wealth tax act and the high court under section 27(3) of the wealth tax act were right in rejecting the application of the revenue.7. but then the question remains whether the fact that the high .....

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Sep 27 2002 (SC)

Nutan Kumar and ors. Vs. Iind Additional District Judge and ors.

Court : Supreme Court of India

Decided on : Sep-27-2002

Reported in : AIR2002SC3456; 2003(1)AWC213(SC); JT2002(7)SC481; RLW2003(1)SC141; 2002(7)SCALE81; (2002)8SCC31; [2002]SUPP2SCR686

..... has no objection if the plaintiff continues to utilize the accommodations for his own business or a business of his son whether himself or in partnership with any person and till such time as the plaintiff and his son utilize the accommodation in this manner, the defendant will not be entitled ..... other tax liabilities outstanding against the firms and individual partners. the income tax department issued a notice under section 46(5)(e) of the indian income tax act, 1922 calling upon m/s lakshmi devi sugar mills private ltd. to pay to the department any amounts due by them to the firm ..... it was not open for the full bench to comment that the authority was not compatible with provisions of sections 10 and 23 of the contract. act. the full bench also realised that there are no conflicting authorities. they therefore say that this authority is 'perhaps in conflict with' the decisions in ..... :'with utmost humility and reverence it is stated that above observations are not compatible with provisions of section 10 and 23 of the contract act. otherwise also, it is most respectfully pointed that the statement of law contained in the said observation is, perhaps, in conflict with the law ..... allot or direct the landlord to let the house to any person. the provisions were more or less identical to the provisions of the said act. this authority has directly dealt with the questions under consideration and answered them. the majority judgment takes note of this authority and holds as follows .....

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Mar 04 2002 (SC)

Sheela and ors. Vs. Firm Prahlad Rai Prem Prakash

Court : Supreme Court of India

Decided on : Mar-04-2002

Reported in : AIR2002SC1264; 2002(1)ALD82(SC); JT2002(2)SC536; 2002(2)MPHT232; (2002)2PLR66; 2002(2)SCALE419; (2002)3SCC375; [2002]2SCR177

..... deed of will bequeathing his property to prahlad rai. prahlad rai has two sons, namely, prem prakash and pawan kumar. prahlad rai and his two sons have constituted a partnership which is registered as firm prahlad rai prem prakash.the firm claiming itself to be the owner of the suit premises filed suit for ejectment of the tenant-defendant on ..... forany accommodation and includes any personoccupying the accommodation as a sub-tenant and also any person continuing inpossession after the termination of histenancy whether before or after thecommencement of this act; but shall notinclude any person against whom any orderor decree for eviction has been made.while seeking an ejectment on the ground of bona fide requirement under clause (f ..... anysubstantial additions or alterations and thatsuch building or alterations cannot becarried out without the accommodationbeing vacated.(emphasis supplied)'landlord' and 'tenant' are defined in the interpretation clause of the act as under:-(b) "landlord" means a person who for thetime being is receiving or is entitled toreceive, the rent of any accommodation,whether on his own account or on ..... the plaintiffs and the plaintiffs were liable to complete the re-construction and hand-over possession to the defendant-tenant on completion thereof as required by the provisions of the act. so far as disclaimer is concerned the trial court found that the defendant- tenant had admitted ownership of late khetsidas but had only disputed the derivative title of .....

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Jul 09 2002 (SC)

Hindustan Petroleum Corporation Ltd. Vs. Sri Sriman Narayan and anr.

Court : Supreme Court of India

Decided on : Jul-09-2002

Reported in : AIR2002SC2598; 2002(2)ARBLR619(SC); 2002(3)AWC2486(SC); [2002(3)JCR57(SC)]; JT2002(5)SC335; RLW2002(4)SC604; 2002(5)SCALE132; (2002)5SCC760

..... change the structure of the firm without the permission of the appellant. concededly the respondent no. 1 had changed the structure of the firm from a proprietary firm to a partnership firm. the consequence of violation of any condition of the agreement by the respondent no. 1 was provided under clause 45 in which it was stated that the grantor/licensor ..... of three learned judges of this court considered the appropriate relief to be granted in a case arising from revocation of the distributorship agreement for sale of lpg by the indian oil corporation under different clauses of the agreement. in that connection, this court made the following observations :-'the question now is of the relief which could be granted by the ..... appellant-corporation; and such acts would permit exercise of the right of termination of distributorship under clause 27, however, the arbitrator having held that clause 27 was not available to the appellant-corporation, the ..... that termination of the distributorship was not validly made under clause 27 of the agreement. no doubt, the notice of termination of distributorship dated march 11, 1983 specified the several acts, of the distributor on which the termination was based and there were complaints to that effect made against the distributor which had the effect of prejudicing the reputation of the .....

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