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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Court: chennai Year: 1950 Page 1 of about 12 results (0.039 seconds)

Apr 14 1950 (HC)

S.N.T. Kumaraswami Chettiar and ors. Vs. M.S.M. Chinnathambi Chettiar ...

Court : Chennai

Decided on : Apr-14-1950

Reported in : AIR1951Mad291; (1950)2MLJ453

..... any other business that has for its object the acquisition of gain by the company, association or partnership, or by the individual members thereof unless it is registered as a company under this act, or is formed in pursuance of an act of parliament or some other indian law or of royal charter or letters patent.'sub-section (5) of the same section provides ..... of tiruchirapalli and on appeal by the subordinate judge of tiruchirapalli on the ground that the plaintiffs could have no remedy against the members of the old partnerships which were illegal under section 4, companies act and the plaintiff had no cause of action against defendant 4 company. the district munsif further held that the claim against defendants 2 and 3 and ..... that any person who is a member of such a partnership formed in contravention of this section shall be punishable with fine ..... corresponding to section 4, indian companies act. the plea in defence was that as the club was an unregistered association of more than 20 persons, and therefore illegal, there could not be a conviction. the section enacted that;'if any person, being a member of any co-partnership, or being one of two or more beneficial owners of any money ..... shall steal or .....

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Jan 06 1950 (HC)

M. N. Murugappa Chetty and Sons Vs. Commissioner of Income-tax, Madras ...

Court : Chennai

Decided on : Jan-06-1950

Reported in : [1952]21ITR311(Mad)

..... & co., was appointed managing agents and as part and parcel of that arrangement, the hubli mills in which the assessee admittedly held a share as karta were sold by the partnership to the new company. the managing agency therefore was held, in that case, to have been derived from, or acquired with, the assistance of the joint family. the prima facie ..... of the family. further, liberty was given under the agreement to the two partners of the firm of messrs. nanjappa chettiar and sons to take any others also into the partnership and the change in the constitution of the firm, or the name and style, would not have the effect of affecting in any manner the rights under the managing agency ..... accident that these two persons were members of an undivided family affords on justification for inferring that the agreement was entered into on behalf of the family. further, under the indian companies act as it stands after the amendment of 1936, a joint family as such cannot enter into a managing agency agreement for in the definition under section 2, clause (9 .....

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Jan 06 1950 (HC)

M.N. Murugappa Chetti and Sons, Tiruppur Vs. the Commissioner of Incom ...

Court : Chennai

Decided on : Jan-06-1950

Reported in : AIR1952Mad828; [1952]21ITR319(Mad); (1952)2MLJ17

..... & co. was appointed managing agents and as part and parcel of that arrangement, the hubli mills in which the assessee admittedly held a share as karta was sold by the partnership to the new company. the managing agency therefore was held in that case to have been derived from, or acquired with, the assistance of the joint family. the prima facie ..... of the family. further, liberty was given under the agreement to the two partners of the firm of messrs. nanjappa chettiar and sons to take any others also into the partnership and the change in the constitution of the firm, or the name and style, would not have the effect of affecting in any manner the rights under the managing agency ..... accident that these two persons were members of an undivided family affords no justification for inferring that the agreement was entered into on behalf of the family. further under the indian companies act as it stands after the amendment of 1936, a joint family as such cannot enter into a managing agency agreement for in the definition under section 2, clause (9 .....

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Aug 24 1950 (HC)

Gomraj Punamchand Vs. Sogmal Dhanaji

Court : Chennai

Decided on : Aug-24-1950

Reported in : (1951)1MLJ85

..... seeking to enforce the documents executed pursuant to the award. there were two issues raised in the case:1. is the suit unsustainable by reason of the provisions of the indian arbitration act x of 1940?2. are the parikhat and katha referred to in the plaint unenforceable for the reasons stated in paragraph 6 of the written statement?2. the learned ..... raghava rao, j.1. an interesting point of law under the indian arbitration act has been argued by mr. subramaniam in this case. the facts lie in a short and narrow compass. there were certain disputes between the parties in relation to a partnership concern of theirs. the disputes were referred to arbitration and there was a settlement of the matter by the arbitrators ..... as not in enforcement of the award directly, but only in enforcement of a document executed pursuant to the oral award it would fall outside the mischief of the arbitration act. that being the basis on which this litigation must be decided, i am clearly of opinion that the view of the court below is right and that this appeal must ..... is on this basis that those two decisions held a suit for enforcement of an award to be within the mischief of clause (2) of section 31 of the arbitration act. learned counsel argues that if that is the basis of the unmaintainability of a suit for enforcement of an award that basis may equally apply to the case of a .....

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Feb 02 1950 (HC)

Commissioner of Income-tax, Madras Vs. K.R.M.T.T. Thiagaraja Chetty an ...

Court : Chennai

Decided on : Feb-02-1950

Reported in : AIR1952Mad305; [1951]19ITR261(Mad)

..... flrm consisting of a father and his two sons, formed for the purposes of making profits by carrying on a business (compare section 4 of the partnership act). one of the firm's business, perhaps its main business, was the managing agency of the company. as managing agent, the flrm ran the ..... of the judicial committee show that where it is necessary to calculate profits, it is necessary to take into account book debts. under the indian income-tax act, profits and gams as such are expressly included as the subject of tax whether they fall under section 10 or under section 13. in ..... conclusion that it is income, the court of appeal held the contrary. lord hanworth m. b. after referring to section 100 of the indian income-tax act which contains the words that the assessee should submit a correct statement in writing containing the amount of the profits or gains 'arising' to ..... tax on the amount. 4. the income-tax commissioner thereafter applied to the tribunal for a reference under section 66(1) of the indian income-tax act and he formulated in his application three questions. the second or the questions, related to the finding of the appellate tribunal that the ..... pc); 'commissioner of income-tax v. mahaliram bamjidas', ilr (1940) cal 215 41. reference has also been made by the learned advocate for the assessee to two indian decisions. 'narayanan chettiar v. commissioner of income-tax : (1941)2mlj175 and 'kamakshya narain sing v. commissioner of income-tax, b & o : [1942]10itr177(patna .....

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Mar 24 1950 (HC)

Karuppiah Nadar Vs. Veerabadran Chettiar and ors.

Court : Chennai

Decided on : Mar-24-1950

Reported in : AIR1951Mad456; (1950)2MLJ761

..... the extract which also forms part of para. 3 creates an ambiguity because, the extract, as pointed out, shows that the debt was due to the partnership. whatever may be the case, the amendment was sought in order to clarify the position. the real question, therefore, that arises for decision now is whether ..... has come up in revision. 2. it is contended for the petitioner that the original petition itself disclosed that the debt is due to the partnership firm because the extract which was appended to the petition and which was referred to in the body of the petition as showing the amount due ..... nadar filed this petition, i. p. no. 4 of 1947, wherein he stated in para. 3 that 'the respondpnts were carrying on business in partnership and the petitioner is doing commission business in cotton and in the course of business between the petitioning creditor and the respondents, the respondents became indebted to ..... exclusively to any individual partner but nonetheless it is not correct to say that it is in no sense due to that partner. a firm under indian law is merely a compendious expression for the persons who form the partners. the debt due to a firm is really due to the partners. therefore ..... respondent 4, with a view to defeat and delay the creditors. acts of suspension of business were also alleged. the respondents contended that the debt was due not to karuppiah nadar in his individual capacity but it was really a partnership debt due to the firm of which karuppiah was only one of the .....

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Jan 05 1950 (HC)

The Commissioner of Income- Tax Vs. Sri C.S. Rajasundaram Chetty,

Court : Chennai

Decided on : Jan-05-1950

Reported in : AIR1950Mad480; [1950]18ITR145(Mad)

..... admitted to the benefits of the partnership and the partnership itself was registered under section 26-a, income-tax act. during the accounting year ending with march 1945, the profits of the firm credited in the accounts were rs. 308 to kalyanasundaram and rs. 7236 ..... 'children' so as to include illegitimate children. the prima facie meaning, however, of the word 'child' is a 'legitimate child' both according to english law and section 100, indian succession act. it is usual to find the legislature using the words 'legitimate or illegitimate' with reference to children, whenever the expression 'children' is intended to be used in a comprehensive sense ..... inheritance on the death of the putative father, will not entitle the court to introduce that consideration in interpreting the word 'child' in section 16 (3) (a) of the act which applies to hindus as well as to christians, muhammadans and members of other communities. there must be one uniform interpretation with reference to all the persons to whom the ..... of thyagarajan, the minor illegitimate son of the assessee, is liable to be included in the total income of the assessee under section 16 (3) (a) (ii), income-tax act.' the assessee is a partner in a firm styled rajasundaram chetty and sons, madras. he has two minor children, kalyanasundaram, a legitimate son and thyagarajan, an illegitimate child.both were .....

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Jan 12 1950 (HC)

V.N.V. Devarajulu Chetty and Co. Vs. the Commissioner of Income-tax

Court : Chennai

Decided on : Jan-12-1950

Reported in : AIR1950Mad718; [1950]18ITR357(Mad); (1950)IIMLJ33

..... all other matters were settled. the goods arrived and were taken delivery of and sold by the new firm at a considerable profit. under section 37, partnership act, the retiring partners had a right to a share of these profits which were made by the new firm with the assets of the old firm. ..... insulated and helsby cables v. atherton, 1926 a. c. 205:95 l. j. k. b. 336. these principles have been applied to cases under the indian income-tax act by the judicial committee in commissioner of income-tax, c. p. and berar v. s. m. chitnavis and in the recent case of mohanlal hargovind v ..... as being one where the ascertained net profits had to be shared among two persons. see tata hydro electric agencies ltd. v. commr. of income-tax . in indian radio cable communications ltd. v. commr. of income tax , lord maugham dealt with the position in this way : ''it may be admitted that, as mr. litter ..... the profits of the new firm was not permissible. the arguments on both sides were supported by reference to a large number of cases, english and indian.4. it is a familiar principle of income-tax law that the destination or application of profits, once they are made or ascertained, is immaterial and ..... to this reference have to be briefly stated. v.n.v. devarajulu chetty and co. a firm of five partners started a wholesale business in piecegoods, indian and foreign, in september 1940. on 31st october 1942, two of the five partners retired from the firm and the three surviving partners thereafter carried on .....

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Jan 12 1950 (HC)

Commissioner of Income-tax Vs. Proprietors of The Hindu

Court : Chennai

Decided on : Jan-12-1950

Reported in : AIR1950Mad671; [1950]18ITR237(Mad)

..... july 1938 and ending with 29th february 1940 ?' 14. the facts relevant to this reference are these: the respondents are brothers who carried on in partnership the business of conducting, and publishing ' the hindu ', the well known daily newspaper of madras. the business had been in existence for many years ..... ., during the assessment year 1939-40, the assessee made over the newspaper business as a going concern to a private limited company incorporated under the indian companies act, 1913, and styled messrs. kasturi and sons, ltd. the company succeeded to the business of the fem on 1st march 1940.3. when ..... the income of the ''previous year.'6 normally speaking, income-tax is assessable on the income of a period of 12 months. under the indian income-tax act, 1918, the basis of assessment wag the income of the year of assessment and since that income could not be definitely known till the ..... assessment might well be taken to be the 'calendar year', consistently with the definition of the word 'year' in section 3(59), general clauses act. section 25 (1) mikes a departure from the normal course of assessment and authorises an assessment without waiting for the advent of the normal assessment ..... in the word 'discontinued'. the provision in section 25 (4), it may be mentioned, applies only to succession, which takes place after the amending act of 1939 came into force.8. bearing the scheme underlying section 25 in mind, the provisions of the section may now be examined to interpret the .....

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Jan 17 1950 (HC)

Kolandayammal Vs. Sinnavelappa Goundan and ors.

Court : Chennai

Decided on : Jan-17-1950

Reported in : AIR1952Mad27; (1951)2MLJ438

..... succession, save asregards agricultural land. item 8. transfer of property other than agricultural land; registration of deeds and documents. item 9. trusts and trustees. item 10. contracts, including partnership, agency, contracts of carriage, and other special forms of contract, but not including contracts relating to agricultural land. item 11. arbitration. item 12. bankruptcy and insolvency.' it will ..... deed required, was 'intra vires', the punjab legislature. it was contended that the legislation offended the existing law such as sections 37, 69 and 70 of the indian contract act and section 4(1) and (2) and section 59 of the code of civil procedure whereas the opposite party sought to support the validity of the legislation ..... item section transfer of property other than agricultural land; registration of deeds and documents. items 12. bankruptcy and insolvency; administrator general and official trustees.' in the provincial insolvency act after section 28, the following section was inserted as section 28a: 'insolvent's property to comprise certain capacity. the property of the insolvent shall comprise and shall always ..... legislature has, and a provincial legislature has not, power to make laws with respect to any of the matters enumerated in list i in the seventh schedule to this act (hereinafter called the 'federal legislative list'). (2) notwithstanding anything in the next succeeding subjection, the dominion legislature, and, subject to the preceding sub-section, a provincial .....

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