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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Court: jammu and kashmir Page 1 of about 27 results (0.023 seconds)

Jun 25 1997 (HC)

Romesh Kumar Lakra Vs. Baldev Raj Sawhney and ors.

Court : Jammu and Kashmir

Reported in : AIR1998J& K11

..... section 6 of the english partnership act. under english model certain acts are done in a certain way bind the firm. section 22 of the indian act, laysdown the contrary thesis. it says that these acts do not bind the firm unless they are done in ..... verbatim as under :-- 'in order to bind a firm, an act or instrument done or executed by a partner or other person on behalf of the firm shall be done or executed in firm name or any other manner expressing or implying the intention to bind the firm.' section 22 of indian partnership act, in best wisdom of the legislature, makes a departure from ..... the firm, the firm would carry with it such liability and encumbrance wherever it would go. the liability could be met from the firm's assets, as provided under the partnership act. but that is not the case here. a personal liability created by the decree against shri baldev raj sawhney is further, by virture of para 2 of the decree, limited ..... a certain way. as for the implied authority referred in section22 goes that also, without any equivocation hasbeen contemplated in section 19 of partnership act. sub-section (2) of section 19 is bold enough .....

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Dec 06 2006 (HC)

J and K Bank Limited Vs. Abdul Samad Chaloo

Court : Jammu and Kashmir

Reported in : AIR2008J& K1,2007(2)CTLJ459(J& K),2007(1)JKJ354

..... firm.8. it is necessary to notice the relevant provisions of indian partnership act, 1932, for short act and it is profitable to reproduce section 25 and 13(b) of the act, herein which read as under:25. liability of a partner for acts of the firm. every partner is liable, jointly with all the ..... of the plaintiff-respondent that in terms of any express contract the bank could not have created lien.14. keeping in view the provisions of partnership act particularly section 25 and 13(b), referred hereinabove, read with ratio laid down by the madhya pradesh high court, i am of the considered ..... grih nirman sanstha, gwalior v. subhash yadav reported in : air1996mp39 has observed as under:8. the general principle of partnership firm is that a partner is always liable for partnership debt unless there is implied or express restriction to the contrary.9. all the partners are jointly and severally liable for ..... the acts of one of the partners of the firm. in this regard reference be made to the decision reported as gurram subbaraavudu ..... for all acts of the firm done while he is a partner.13(b) the partners are entitled to share equally in the profits earned, and shall contribute equally to the losses sustained by the firm.9. both these provisions of law mandate that partner is always liable for partnership debt unless .....

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Oct 09 1982 (HC)

Hardatt Sharma Vs. Jaikishen Shamlal and Sons and ors.

Court : Jammu and Kashmir

Reported in : AIR1983J& K29

..... of the partnership being to convert the trees standing on the forest into timber as early as possible, at. the most within the period granted ..... could they consequently claim to be impleaded as party respondents to the appeal; and fourthly, that the aforesaid partnership deed, even if not compulsorily regigtrable under section 17 (i) (d), was still registrable under clauses (a) and (b) of the indian registration act, as it created interest in standing trees, which squarely fell within the definition of immovable property. the ..... appeal. the third ground was repelled on the short point that the partnership-deed having been admittedly executed at pathankot, the j, & k. registration act, could have no application to it, and there being no provision corresponding to clause (d) of section 17 in the indian registration act, the partnership deed required no registration. lastly, it was held that the avowed object ..... respondents it may be stated, did not, dispute the execution of the aforesaid partnership deed dated 22-7-1978, and perhaps rightly so, because there had been a .....

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Sep 11 1979 (HC)

Commissioner of Income-tax Vs. Ghulam Ahmad Khan and Bros.

Court : Jammu and Kashmir

Reported in : (1980)14CTR(J& K)341,[1981]130ITR636(J& K)

..... , by addition or reduction of members, and an incidental redistribution of the shares of the partners.'12. we might add here that, in accordance with section 17(a) of the partnership act, the mutual rights and duties of the partners in the pre-constituted firm remain (subject to the contract between the parties) the same as they were immediately before the change ..... , as the case may be, a certificate in the following form, namely:-- 'this instrument of partnership/certified copy of an instrument of partnership, has this day been registered with me, the income-tax officer, for...in the state of...under section 26a of the indian income-tax act, 1922, and this certificate of registration shall have effect for the assessment for the year ending ..... on the 31st day of march 19 . (2) if the income-tax officer is not so satisfied, he shall pass an order in writing refusing to recognise the instrument of partnership, or the certified copy thereof, and ..... furnish a copy of such order to the applicants.' 8. the provisions of this rule are materially different from the provisions of section 186 which governs the matter of registration under the present act.9. the departmental authorities rejected registration on two grounds : firstly .....

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Apr 30 1973 (HC)

B. Johar Forest Works Vs. Commissioner of Income-tax

Court : Jammu and Kashmir

Reported in : [1977]107ITR409(J& K)

..... assessee was in default in not having filed a return of its income pursuant to a notice under section 22(2) of the indian income-tax act, 1922, hereinafter called as the 'old act', reduced the amount of penalty from rs. 26,335 to rs. 16,925. the facts which give rise to the question ..... constitute a valid and a legal service of the notice under section 22(2) of the income-tax act.9. the next contention of mr. randhawa was that the indian income-tax act, 1922, was repealed by the act of 1961. the assessment in the present case was made on november 20, 1962, a date ..... , nellore : [1959]35itr388(sc) , where their lordships of the supreme court observed as under :'the notice prescribed by section 34 of the income-tax act for the purpose of initiating reassessment proceedings is not a mere procedural requirement; the service of the prescribed notice on the assessee is a condition precedent to the ..... the assessee appeared before the income-tax officer and contended that the penalty was not imposable. as application under section 27 of the income-tax act of 1961 was also made by the assessee seeking reopening of the assessment proceedings by the income-tax officer which was dismissed. so far as the ..... now before us are as under :the assessee is a partnership-firm with four partners, namely; (1) shri-mati bhupinder kaur, wife of shri surrinder singh johar, .....

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May 26 1995 (HC)

Dharam Pal Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR1996J& K39

..... concern shall have to be legally safe guarded to the extent of his share as given herein. the share of dharam chand is specified in the partnership deed, and the petitioner has not denied the same in his petition and therefore, his rights are not in any way adversely effected in these proceedings ..... licencee of the m/s. shiva gun factory. 19. i have given my thoughtful consideration to the arguments of mr. singh. from the perusal of partnership deed entered into between dharam chand and late brahamchari on 23-1-1982, it appears that dharam chand had entered into a finance agreement with the ..... mr. singh argued that dharam chand was the original licencee and it was in 1982 that late brahamchari became his partner in the concern, and a partnership deed was effected in this regard. according to himdharam chand and the late brahamchari became co-licencees for the manufacture of guns of m/s. shiva ..... petitioner, holding him entitled to all the interests in the shiva gun factory, digiana, jammu along with licence. 4. it is further stated that the partnership between dharam chand and late braham-chari came to be executed on 23-1-1982, wherein inter alia it is provided that the licence shall be ..... business of m/s shiva gun factory and the licence. as the business activities for manufacture, sale etc. of the arms are governed under the indian arms act and the rules made thereunder, it has become the legal and statutory obligation of the respondents no, 1, 2 and 5 to incorporate necessary changes .....

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Nov 27 1981 (HC)

Lok Nath Vs. Jagbir Suri and anr.

Court : Jammu and Kashmir

Reported in : 1982CriLJ1328

..... earlier decisions that a partner dishonestly misappropriating or converting to his own use any of the partnership property, with which he is entrusted, or over which he hag dominion is guilty of an offence under section 405 ipc, the following two questions were referred to a full bench of five judges of the ..... the form of a written document, then the document itself must be put in evidence, unless secondary evidence of its contents is admissible under the evidence act. this section will obviously apply where the parties intended the document to contain all. the terms and conditions of. the transaction-where however, it is ..... which thus falls for determination is : can the respondents prove the aforesaid special agreement? basing his opinion on sections 91 and 92 of the evidence act, the magistrate who dismissed the complaint under section 203 held that they could not. the learned addl. sessions judge who upset his aforesaid order in revision ..... the special agreement set up by the respondents cannot be proved in face of the clear bar contained in sections 91 and 92 of the evidence act. the argument in reply is also twofold. in the first place it has been .contended that a partner in a firm, even in the ..... terms, the special agreement set up by the respondents could not be proved against the clear bar contained in sections 91 and 92 of the evidence act, and in the absence of the special agreement, the petitioner, who was admittedly a partner in the firm, could not under law be said to .....

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Apr 03 2006 (HC)

Firdous Ahmad Tanki and ors. Vs. J and K Bank Ltd. and State of J and ...

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ146

..... z.a. shah, learned senior advocate appearing for the respondent-bank has stated that the bank is a company simpliciter registered under the indian companies act 1956 like any other private company. the share capital of the government is reduced to 53%. the company is listed on stock exchange. ..... can be issued at the instance of workmen. in this case the the praga tools corporation was incorporated as a company under the indian companies act, 1930. at the time of filing of the writ petition the union government and the government of andhra pradesh held 56% and ..... not and the extent to which such powers can be exercised.55. after framing above question the apex court noticed celebrated judgments in pardeep kumar bishwas v. indian institute of chemical biology : [2002]3scr100 ; sukhdev singh v. bhagatram sardar singh raghuvanshi : (1975)illj399sc ; ramana dayaram shetty v. international airport authority ..... to various laws like registration under the shops and establishment act wherein he is under an obligation not only to get his establishment register with competent authority but also to disclose his status as that of an individual, partnership or a company; number of employees employed by him, ..... working hours of the establishment, nature of business being carried on etc etc. an eatery is also required to obtain a licence under the food adulteration act from the municipal corporation and to .....

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Aug 24 1978 (HC)

Ali Shah Vs. Tax Recovery Officer

Court : Jammu and Kashmir

Reported in : [1980]121ITR620(J& K)

..... their lordships observed that where a firm is dissolved on account of the death of a partner by virtue of section 42(c) of the partnership act, and the business is continued by the remaining partners or by the remaining partners and another in the place of the deceased partner, there being ..... could not constitute service on the assessee as required by section 156 of the i.t. act. no implied authority can be presumed in the case of a retired partner under section 19 of the partnership act to receive a notice from any statutory authority so as to bind the other partners. it ..... part in the assessment proceedings of 1965. the affirmation made in the reply affidavit that the petitioner undertook to accept all the liabilities of the partnership firm and thereby had acquired the assets has not been substantiated inasmuch as the agreement dated march 29, 1962, on which this affirmation is ..... petition. it is also admitted that the firm carried on till december, 1960, when bakshi bashir ahmed ' and bakshi ghulam hassan retired from the partnership and agreements to this effect were executed on december 30, 1960. subsequently bakshi ghulam ahmed also retired and was succeeded by bakshi abdul majid. the ..... whether a writ petition can be entertained when an alternate remedy is available to a party has been the subject of discussion in many decisions of the indian high courts and the supreme court. in hirday narain v. ito : [1970]78itr26(sc) their lordships did not agree with the contention of the .....

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Feb 07 1980 (HC)

Mohinder Nath Vs. Sandhran Rani

Court : Jammu and Kashmir

Reported in : AIR1981J& K49

..... statement ?'after hearing the learned counsel for the parties, the trial court held that the suit being by a partner against another partner of a dissolved partnership firm (which was in the process of winding up) was not maintainable. aggrieved against the order of the trial court holding that the suit was ..... an order by the court staying a suit before it on receipt of a robkar from the debt conciliation board under section 25 punjab relief of indebtedness act, is a 'case decided' within the meaning of section 115 and therefore, is revisable by the high court.........the word 'case',in section 115 ..... have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, or (d) to have caused failure of justice the high court may make such order in ..... not claimed benefit of sub-sections (1), (2) and (3) of section 12 of the act.4. mr. inderjeet gupta, learned counsel for the respondent has on the other hand submitted that the impugned order does not amount to a 'case decided' ..... controller, as a circumstance absolving the defendant of his liability to ejectment without there being any strict compliance with the provisions of section 14 of the act. it is also maintained that even on the finding, as recorded by the trial court, the suit should have been decreed because the tenant had .....

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