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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Court: karnataka Page 1 of about 549 results (0.021 seconds)

Feb 28 1952 (HC)

S. Ahmed Khan Vs. Turup Mohamed Hayat

Court : Karnataka

Reported in : AIR1953Kant4; AIR1953Mys4

..... no substance in the contention either that the suit is not maintainable in the form in which it is brought or that section 69(1) of the indian partnership act is a bar to it.9. in the result, this appeal is allowed, the judgment and decree of the learned district judge_ are set aside and ..... govinda rao next contends that the plaintiff's suit even on the basis of such a claim is barred under section 69(1) of the indian partnership act as has been held by the learned district judge. section 69(1) provides that no suit to enforce a right arising from a contract or conferred by ..... paid the entire tax and sued the defendant for contribution. beaumont c.j. held that the language of sub-sections (1) and (2) of section 69, partnership act, is wide enough to cover suits relating to a dissolved firm and sub-section (1) covers a suit by a plaintiff suing in respect of a right ..... liability after or at the time of the dissolution. the claim for payment was therefore construed in that case as based on the relationship of partnership and arising directly under the provisions of the partnership act. that case was followed by grille j. of the nagpur high court in -- 'chhotelal nanakram v. gopaldas gulabdas' . he held ..... he had paid on behalf of the defendant under section 70 or section 69 of the contract act. but as the case stood the plaintiff had to base his claim on the relationship arising out of the partnership and he could not therefore recover.in that case there was also no agreement relied on between .....

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Mar 28 1952 (HC)

A.A. Khan and ors. Vs. Ameer Khan and ors.

Court : Karnataka

Reported in : AIR1952Kant131; AIR1952Mys131; ILR1951KAR486; (1953)31MysLJ103

..... has been held to belong to them together with interest thereon or a share of the profits, whichever they choose, in accordance with the principle of section 37 of the indian partnership act. that section provides: 'where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the ..... the present was therefore void and could not form the basis of a suit for dissolution and accounts. he has referred to some provisions of the indian partnership act and to some decided cases.the definition of partnership according to section 4 is that it 'is the relationship between persons who have agreed to share the profits of a business carried on by all ..... of h; nor could he, being a minor, enter into a contract with b to form a partnership. ii was observed in that case that there being no partnership in existence, the provisions of section 247 of the indian contract act (which corresponds to section 30 of the indian partnership act) could not be applied in his favour. in 'v. manic kavelu mudahar v. commr. of income ..... tax, mysore', 10 mys. l.j. 316 it has been observed that a minor cannot himself create a partnership and admit himself to the benefits of the same. in .....

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Mar 22 1963 (HC)

T.N. Nanjunda Setty and anr. Vs. the State of Mysore

Court : Karnataka

Reported in : AIR1964Kant124; AIR1964Mys124; (1963)2MysLJ75

..... credit of the releasee in the account books of m/s. d. r. aswathanarayana setty and sons, old tharugupet, bangalore', a registered firm under the indian partnership act, to the credit of the releasor in the above account books and the releasor has agreed to receive the same in full and final settlement in lieu ..... the opinion that the document was liable to be charged with stamp duty under each of three articles i.e. article 39 (b) (instrument of dissolution of partnership), article 44 (b) (release) and article 19 (conveyance). the court was of the view that if came only under article 44 (b). it will be ..... he regarded as an authority for the proposition that such a document is a release deed and not an instrument of partition.11. in reference under stamp act section 46, ilr 12 mad 198 (fb), each of two persons who had originally claimed exclusive right as heirs to the property of a deceased ..... held that they were in the nature of deeds of conveyance and ordered that stamp duty in accordance with article 18 of schedule i-a of the act together with penalty of rs. 5/- be recovered. the matter came up before the chief controlling revenue authority, mysore (commissioner of stamps), at the ..... hands to this deed of release this 30th day of june 1957 in the presence of the witnesses attesting hereunder:'' 2. the relevant provisions of the act which have a bearing on the question under consideration are given below.3. section 2(9) reads as follows: 'conveyance' includes a conveyance on sale .....

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Aug 22 1963 (HC)

Gurunath V. Dhakappa Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Reported in : ILR1963KAR940; [1964]53ITR757a(KAR); [1964]53ITR757a(Karn)

..... act, which provides that subject to contract between the partners, a partner is not entitled to receive remuneration for taking part in the conduct of the ..... 16 sets out the duties of the assistant managers. on an examination of the partnership deed, it is clear that the partners had agreed to remunerate the manager for the duties performed by him. therefore the present case is not one that falls within the scope of section 9 of the indian partnership act, 1932. but it falls under section 13(a) of that ..... , if under the law of partnership, a partnership firm cannot remunerate a partner, there was no need for section 10(4)(b) or section 16(1)(b) of the income-tax ..... from the profits of the partnership firm. the only question that we have to decide is whether the remuneration received by shri gurunath v. dhakappa should be considered as his individual income or that of his family. hence, we are not concerned with section 10(4)(b) or section 16(1)(b) of the indian income-tax act 1922, in this case. but .....

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Jan 21 1964 (HC)

Commissioner of Income-tax, Mysore Vs. K.D. Kamat and Co.

Court : Karnataka

Reported in : [1964]54ITR72(KAR); [1964]54ITR72(Karn)

..... . the question for decision in this case is whether the deed marked as exhibit a in this case can be considered as an instrument of partnerships as contemplated in section 4 of the indian partnership act, 1932. that section provides : '4. partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them ..... acting for all.' 9. the two essential conditions of this provisions are that : (1) there should be an agreement to share the profits as well as the ..... partner in a firm, regard should be had to the real relation between the parties as shown by all relevant facts taken together. the only other relevant section in the partnerships act which we need notice is section 20, which says : 'the partners in a firm may, by contract between the partners, extend or restrict the implies authority of any partner. notwithstanding ..... or does not known or believe the partner to be a partner.' 10. it may be noticed that section 20 does in any manner impinge on section 4 of the partnership act. section 4 prescribes the essential conditions while section 20 deals with the 'implied authority'. hence, we have to see whether on a true reading of the instrument produced, we can .....

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Oct 22 1965 (HC)

M.A. Venkatachalapathi Vs. State of Mysore and ors.

Court : Karnataka

Reported in : AIR1966Kant323; AIR1966Mys323; (1966)1MysLJ21

..... deed' the full bench of this court held that these two intended to be achieved by those deeds was to divide the joint family property.(20a) section 46 of the indian partnership act provides that on the dissolution of a firm every partner or his representative is entitled, as against all the other partners or their representatives, to have the property of the ..... the proportionate value of their shares in cash. the question arose whether the instrument was chargeable to stamp duty as a conveyance under art. 19 of schedule 1a of the indian stamp act or under art. 44 of that schedule rajamannar c.j., who delivered the opinion of the full bench observed as follows:'it is not the case of anyone that ..... is no reason why the document in the present case should be held to fall by a strained construction under the definition of an instrument of partition. this argument ignores the provision in s. 6 stamp act, which enacts that wherever an instrument is so framed as to come ..... the act.(29) a similar view was taken by s special bench of the madras high court in board of revenue, madras v. alagappa, air 1937 mad 308 varadhachariar, j. who spoke for the bench observed as follows:'he (counsel for the party) contended that there being a special article, namely, art. 46, providing for an instrument of dissolution of partnership there .....

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Apr 12 1966 (HC)

C. Srinivasa Rao and Brothers Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Reported in : [1967]63ITR102(KAR); [1967]63ITR102(Karn); (1966)2MysLJ218

..... of a provision authorising such payment, produces a change in the proportion in which the profits or the lose have to be shared. the provision of section 13 of the indian partnership act make it clear that, whatever may be the position in england, a partner would, under contract, be entitled to receive remuneration for participation in the conduct of the business ..... proportion in which profits had to be shared between the partners. whatever may be the consequences emanating from an impermissible payment of remuneration in transgression of section 13 of the partnership act, such payment does not necessarily involve, unless the facts justify such inference, an alteration or change in the proportion in which the profits have to be shared. the tribunal ..... open to discussion in this reference, is that the payment of remuneration to the two partners, to whom we have referred, was prohibited by the section 13 of the partnership act and was impermissible. but it does not follow that a payment of remuneration in disobedience to section 13 is the payment of an addition share of profits. the appellate tribunal ..... the income-tax appellate tribunal, madras, under section 66(1) of the indian income-tax act, 1922, arises out of two applications presented under section 26a of the act for renewal of registration of the assesses firm. the firm consisted of four partners and was constituted under an instrument of partnership executed on december 10, 1957. there was a registration of there firm under .....

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Sep 29 1966 (HC)

Controller of Estate Duty Vs. S. Aswathanarayana Setty and anr.

Court : Karnataka

Reported in : [1969]72ITR29(KAR); [1969]72ITR29(Karn)

..... in existence merely increased the number of partners in the firm and that all partners in the enlarged firm were governed by the provisions of the indian partnership act regarding their rights and obligations in respect of the firm; that all the partners were independent of one another and every one of the partners ..... to each of the two sons was not tied with strings and that there were also no strings attached to the entry of the sons into the partnership with the father. the tribunal further held that the firm and the individuals were different and, to the extent of the benefit derived by the father ..... benefit arising therefrom. on the other hand, it was contended by the department that by taking the sons into the partnership with the funds he had given, the deceased had brought back his money and so benefit accrued to the father. the tribunal held that the transfer ..... was the absolute owner of his share in the business of the partnership and that, therefore, the deceased could not be said not to have been excluded from the property gifted by him to his sons or from any ..... controller of estate duty against the said order of the assistant controller. it was contended by them that, since the right to the benefit of the partnership could not be referable to the gifts, the gifts were complete and the deceased did not retain any benefit. reliance was placed upon the decision in .....

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Oct 07 1966 (HC)

R. Sannappa and Sons Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Reported in : [1967]66ITR27(KAR); [1967]66ITR27(Karn); (1967)1MysLJ64

..... 'specifying the individual shares of the profits of the partners'. so far as the sharing of the losses is concerned, the same is regulated by section 13(b) of the indian partnership act. that section to the extent it is relevant for our purpose, says : 'subject to contract between the partners -........ (b) the partners are entitled to share equally in the profits earned ..... the assessment of the assessee under section 23. 'firm' is defined in section 2(6b) of the act and that definition runs thus : ''firm', 'partner' and 'partnership' have the same meaning respectively as in the indian partnership act, 1932 (ix of 1932),...' 10. in commissioner of income-tax v. bagyalakshmi & co. the supreme court laid down that except where there is a specific provision of ..... proving that they are not liable for loss lies on persons who so assert. if section 26a of the act is read with sections 4 and 13(b) of the indian partnership act, it would be seen that if an instrument of partnership specifies the individual shares of the partners in the partnership profits, without more, it follows that the losses, if any, incurred by the ..... partnership should also be shared in the same proportion in which the profits are to be shared by them. in the .....

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Mar 07 1970 (HC)

B.N. Pinto Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Reported in : [1972]85ITR448(KAR); [1972]85ITR448(Karn)

..... entitled to interest on the amounts due at 5 per cent. per annum. in regard to the remaining two firms, by virtue of section 37 of the indian partnership act, the legal heirs of the deceased because entitled to interest at 6 per cent. on the amount of the deceased's share in the properties of the ..... carried on the business of the said five firms even after the death of the assessee's husband. by virtue of the provisions of section 37 of the indian partnership act, 1932, the assessee who is the legal representative of the deceased, j. b. pinto, became entitled to interest at the rate of 6 per cent. ..... assessee. the question of law referred for our opinion is : 'whether, on the facts and in the circumstances of the case, and the provisions of the partnership act, the sum of rs. 50,000 was properly assessable in the previous year relevant for the assessment year 1962-63 ?' 2. the material facts as found by ..... firms. therefore, by virtue of the statute and also by virtue of the terms of the partnership deeds, the assessee became entitled to interest from the death of her husband; the interest accrued to her as found by the income-tax officer between july ..... of accounting it was not open to the income-tax officer, unless he proceeds to act under the proviso to sub-section (1) of section 145, to make the assessment on the cash basis. under there of the five partnership deeds, accounts were to be taken as on the date of death of one of .....

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