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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Court: jharkhand Page 1 of about 62 results (0.017 seconds)

Jul 31 2003 (HC)

Tata Cummins Ltd. and anr. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(4)JCR52(Jhr)]; [2006]145STC323(Jharkh)

..... of this submission will be straining the language of the notification and acting against the normal understanding of the expression 'partner' in law. obviously, a company incorporated under the indian companies act has a distinct entity, different from a firm as defiend in the indian partnership act. the notification contempaltes three types of ownership of the leasehold; ( ..... understood in the sense in which it is understood in partnership law. but, it should be understood as a generic term in which two. persons come together in a joint venture and one of them ..... company, that also would suffice. tata cummins limited is not a partnership. there is also no case that telco is a holding company. what is argued is that the expression partner in the notification should not be ..... us that it must be a case where the assessee himself, here, tata cummins limited, must hold the lease. but in the case of a partnership, it will be sufficient if the lease is held by one of the partners of the firm. if the same is held by a holding ..... to be executed by the dates specified in those documents.4. this joint venture agreement led to the incorporation of the tata cummins limited under the indian companies act, 1956. on 25.3.1995, an agreement was entered into between tata cummins limited and tata engineering & locomotive company limited (telco). as per .....

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Jun 22 2004 (HC)

Makhan Lal HarnaraIn and ors. Vs. Karamchand Thaper and Bros. Pvt. Ltd ...

Court : Jharkhand

Reported in : AIR2004Jhar143; [2004(4)JCR626(Jhr)]

..... evidence oral and documentary on the record the following facts are admitted facts :--plaintiff no. 1 m/s. makhan lal har narayan @ hari narayan is a partnership firm registered under the indian partnership act and it carried the business as bankers, general merchants and commission agents having its office at jharia in the district of dhanbad and it also stands registered under ..... 3. the case of the plaintiffs-appellant (hereinafter referred to as the 'plaintiffs'), in brief is that the plaintiffs are a partnership firm registered under the indian partnership act and also registered under the provisions of section 4 of the bihar moneylenders act, 1938 and they carry on business as bankers, general merchants and commission agents. it is alleged that defendant-respondent no. ..... the provisions of section 4 of bihar moneylenders act, 1938. ext. 1 and ext. 2 are referred to in respect thereof. defendant no. 1 m/s. karamchand ..... thapar and brothers (p) limited is a company duly incorporated under the indian companies act and its registered office is at calcutta and its central office is at bhowra, jharia in the district of dhanbad. defendant no. 1 was the managing agent/secretaries and treasurers .....

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Jun 25 2005 (HC)

Santu Prasad Das and anr. Vs. Eastern Coal Field Limited and ors.

Court : Jharkhand

Reported in : AIR2006Jhar24; 2005(3)BLJR1709; [2005(3)JCR416(Jhr)]

..... (in m.s. no. 40/87) with respect to contract nos. 5 and 6 of 1978 as barred under section 30, rule 2 read with section 69(2) of the indian partnership act, apart from evidences oral and documentary, which have been discussed in detail by the court below.11. so far as the relief granted in respect to contract nos. 4 and ..... the firm, is found to be based on legal aspect. the registration of a partnership firm before the registrar of firm is conditions precedent for filing a suit by a partnership firm or by any of its partner on behalf of the firms under section 69(2) of the indian partnership act. as such, i find no illegality in deciding this issue by the court ..... the work done and completed by the plaintiffs (appellants). it is well settled that the recovery of amount advanced to any borrower comes under the domain of public demand recovery act, and therefore, the banking institution, dealing with the public money, cannot be injuncted from realizing the same through the process of law by any order in suit out of the .....

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May 15 2008 (HC)

Thakur Prasad Sao Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(3)JCR23(Jhr)]

..... mineral concession rules, 1960 (for short 'mcr, i960'). the writ petition is not maintainable.(ii) the partnership of the petitioner-firm was dissolved in terms of section 42(c) of the indian partnership act and the application for renewal in the name of non-existent firm is not maintainable.(iii) the petitioner ..... sought a direction to renew the lease of the petitioner.3. the facts stated, in brief, are as follows:(i) the petitioner is a partnership firm engaged in the business, of mining.(ii) the mining lease of iron-ore was granted to the petitioner on 4.1.1954 for a ..... in favour of m/s. thakur prasad sao.45. it has been submitted that the respondents, being the welfare state, they are expected to act reasonably, fairly and legally, but they have violated the mandatory provision of law and prescribed procedure. the state government cannot arbitrarily adopt a procedure ..... iii) whether the writ petition is maintainable in view of the alternative statutory remedy under section 30 of the mines and minerals (development & regulation) act, 1957?point no. i7. by order dated 5th december, 2006, while disposing of the petitioner's writ petition, this court had directed the respondents ..... to renew the lease, the petitioner filed revision application before the central government under section 30 of the mines and minerals (development and regulation) act in september, 2004.(x) in the meantime, in pursuance of the order dated 1st september, 2004, the state government issued notification under rule .....

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Apr 23 2016 (HC)

Shri Ramesh Prasad Sao Vs. Union of India Through Secretary Ministry o ...

Court : Jharkhand

..... the high court of jharkhand at ranchi w.p.(c) no. 2722 of 2015 with w.p.(c) no. 3921 of 2015 m/s thakur prasad sao, a partnership firm registered under the indian partnership act, chaibasa, through one of its partners, sri sandeep sao, chaibasa, singhbhum west .. petitioners (in both cases) versus the union of india through the ministry of mines, new delhi ..... . learned counsel for the petitioners have jointly and fairly stated that this court is not required to make any comment upon the inter-se dispute between the parties relating to partnership firm. it is the lessee, who is required to obtain statutory clearances. learned counsel for the petitioner have therefore prayed for reasonable time of 6 months for obtaining statutory clearances ..... at the instance of the petitioner should not be construed as an expression of opinion by this court on the claim of the petitioner as a partner in the reconstituted partnership firm namely, m/s thakur prasad sao. mr. k. venugopal, the learned senior counsel for the respondent nos. 3 -3- to 6 at this stage submits that the petitioner should ..... not obtained the statutory clearances like environment and forest clearances, revised approved plan by the indian bureau of mines, consent to operate by the state pollution control board and certificate of the competent authority under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006. lessee is also required to satisfy the terms and conditions of the lease .....

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Apr 23 2016 (HC)

Ms Thakur Prasad Sao Through One of Its Partners Sri Sandeep Sao Vs. T ...

Court : Jharkhand

..... the high court of jharkhand at ranchi w.p.(c) no. 2722 of 2015 with w.p.(c) no. 3921 of 2015 m/s thakur prasad sao, a partnership firm registered under the indian partnership act, chaibasa, through one of its partners, sri sandeep sao, chaibasa, singhbhum west .. petitioners (in both cases) versus the union of india through the ministry of mines, new delhi ..... . learned counsel for the petitioners have jointly and fairly stated that this court is not required to make any comment upon the inter-se dispute between the parties relating to partnership firm. it is the lessee, who is required to obtain statutory clearances. learned counsel for the petitioner have therefore prayed for reasonable time of 6 months for obtaining statutory clearances ..... at the instance of the petitioner should not be construed as an expression of opinion by this court on the claim of the petitioner as a partner in the reconstituted partnership firm namely, m/s thakur prasad sao. mr. k. venugopal, the learned senior counsel for the respondent nos. 3 -3- to 6 at this stage submits that the petitioner should ..... not obtained the statutory clearances like environment and forest clearances, revised approved plan by the indian bureau of mines, consent to operate by the state pollution control board and certificate of the competent authority under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006. lessee is also required to satisfy the terms and conditions of the lease .....

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Feb 04 2015 (HC)

Dewsoft Overseas Pvt Ltd Represented Th Its Managing Director Namely S ...

Court : Jharkhand

..... would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases. 29.6. offences under section 307 ipc would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. however, ..... learned chief judicial magistrate, dumka whereby and whereunder cognizance has -2- been taken for the offences punishable under sections 406, 420, 468, 477-a & 120-b of the indian penal code.3. the prosecution story as would appear from the complaint petition is that the complainant opposite party no. 2 is an independent channel partner of the petitioners company ..... permission of the court. in respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like the prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no ..... legal sanction at all. however, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences .....

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Apr 05 2016 (HC)

Mahali Sahu and Ors Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... had allowed the parties to compound the offences. it is true that the provision of schedule caste and schedule tribes (prevention of atrocities) act is not compoundable but as it is dependent on other provisions of indian penal code, same can also be compounded in view of the ratio decided in gian singh vs. state of punjab (supra). the respondent ..... permission of the court. in respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like the prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no ..... , cannot be construed to be personal in nature as the same affects public peace and tranquility.12. the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 is a special act enacted with an object to prevent the commission of offences of atrocities against the members of the scheduled castes and the scheduled tribes, to provide for special courts ..... legal sanction at all. however, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences .....

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Jan 10 2018 (HC)

Trilok Singh Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... complainant and his wife in absence of any document /written evidence in terms of section 91 of the evidence act as the complainant had failed to produce proof of any of the partnership deed though as per his own admission, all the original partners were alive and available. the element of ..... learned trial court proceeded to analyze the material evidence on record in order to come to a finding, whether the ingredients of the section 420 of the indian penal code are made out beyond the shadow of the reasonable doubts. the ingredients of section 420 requires: (i) dishonest deception by the accused. ..... in furtherance of their common intention cheated the complainant by forging documents. the learned trial court proceeded to frame the charges u/s 420 of the indian penal code on 02.04.2009 against the sole accused, who pleaded not guilty on being explained. after closure of the prosecution evidence, the statement ..... filed by the petitioner/complainant after holding inquiry under section 202 of the criminal procedure code in terms of section 420/409/467/468/471 of the indian penal code against the accused. the complainant alleged that he along with accused and others were partner of m/s jhanda singh and company ..... in complaint case no. 96/2007 whereunder the sole accused/opposite party no. 2 has been acquitted of the charges under section 420 of the indian penal code is suffering from a delay of 69 days. however, we have heard learned counsel for the petitioner at length on the grounds of .....

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Jul 22 2003 (HC)

Green Woods Vs. Regional Labour Commissioner and ors.

Court : Jharkhand

Reported in : [2004(1)JCR238(Jhr)]; (2004)IIILLJ377Jhar

..... wages fixed by the state government was made during the period in question appropriate action may be taken against the appellant, under the provisions of the act for payment of the amount of difference of wages in accordance with law.18. however, since the appellant accepts that he is liable to pay the ..... limited is an instrumentality and agency of the central government and the central government is the appropriate government under the industrial disputes act, contract labour (regulation and abolition) act and minimum wages act for coal india limited and its subsidiaries it will be the appropriate government for the hcm also.10. on the ratio of ..... 2000 (annexure 8) observed that the institute being an instrumentality of agency of the central government, the said government is the appropriate government under the minimum wages act for the hcm and their contractor. m/s. green woods. for the coal india limited and its subsidiaries, the central government is the appropriate government.7 ..... and is promoted by the coal india limited (cil), which is a government company registered and incorporated under the indian companies act, 1956.3. the labour enforcement officer (central), ranchi, inspected the premises of the institute and found that all the 43 agricultural labours, ..... order1. the appellant is a partnership firm. it was engaged by the indian institute of coal management ranchi. (for short 'hcm') for butification of its gardens of the campus, including maintenance of flowers, etc. for .....

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