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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Court: orissa Page 7 of about 143 results (0.051 seconds)

Sep 26 2013 (HC)

M/S. Marine Diesel Service Vs. Bharat Petroleum Corporation Ltd. and O ...

Court : Orissa

..... hearing: 17.09.2013 i. mahanty, j.date of judgment: 26.09.2013 the petitioner-m/s. marine diesel service claiming to be a registered firm, registered under the indian partnership act, has filed the present writ application with a prayer seeking direction to the opposite party (bharat petroleum corporation ltd.) no.to finalise the 2 tender of the petitioner-firm as ..... partnership being invalid, your firm failed to qualify in the technical bid. you were orally informed by the technical evaluation committee accordingly. ..... four following conditions needed to be fulfilled: (i) it must be a company, association or partnership consisting of more than twenty persons. (ii) it must no.have been registered as a company under the companies act no.must it have been formed in pursuance of some other indian law. (iii) it must have been formed for the purpose of carrying on any business ..... of carrying on 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 some other indian law. . since your partnership firm exceeded twenty partners and it was neither incorporated as a company, your .....

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Jan 28 2014 (HC)

M/S.Kohinoor Industri Vs. Commissioner

Court : Orissa

..... the parties. in view of the fact that there are serious allegations of cheating and corruption, rejection of prayer for including pawan kumar jajodia in the partnership canno.be held to be unjustified. registration of change of place of business to the property of the said pawan kumar jajodia is also no.liable ..... corresponding to khata no.747/364, mouza-gunjarpur which is mentioned in the amendment application dt. 30.05.2012, partnership deed dt. 30.05.2012 and the certificate issued by mutarifa gram panchayat dt. 07.07.2012 is no.a fact rather vice mutation case no ..... , rejecting the application of the petitioner for amendment of registration by way of addition to the place of business and change of status from proprietorship to partnership. relevant observations therein are as follows: .on receipt of enquiry report it is also noticed that the additional place of business at plot no.2099/2242 ..... high court of odisha, cuttack vide wp(c) no.9894 of 2003 and the person has been charge sheeted under the offence of the pc act and ipc hence in my opinion to obtain the amendment in his favour. therefore the granting of amendment is detrimental to the interest of my department having the ..... 2- and also no.disclosed about the serious charge of involvement of his co-partner in a vigilance case as well as with the offence under ipc, for such reason i felt it proper to ask for a show cause to get clarification from the applicant and accordingly a show cause notice was .....

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Sep 29 2014 (HC)

M/S. Mohanty and Associates and Another Vs. Officer on Special Duty an ...

Court : Orissa

..... them to continue as approved valuers.2. bereft of unnecessary details, the short facts of the case of the petitioners are that petitioner no.1 is a partnership firm registered under the indian partnership act, 1932 and petitioner no.2 is the managing partner of the said firm. the petitioners were appointed as registered valuer in respect of m/s.east end ..... officer, circle office, punjab national bank under the provisions of the right to information act for supply of detailed information. on 23.5.2014, the 2 public information officer, punjab national bank supplied information, vide annexure-11 series, wherein it is evident that the indian banks association in its letter dated 18.02.2014, found the petitioners guilty in indulging ..... petitioners were empanelled as a valuer of the opposite parties. an agreement to that effect was entered into between the petitioners and the opposite parties, vide annexure-a. the indian banks association reported the names of 25 valuers involved in the fraud. the head office punjab national bank, new delhi circulated blacklisted valuers, wherein the name of the petitioners ..... 3.5. mr.pattnaik, learned counsel for the petitioners, submits that before blacklisting the petitioners, no opportunity of hearing was provided to them. he further submits that the indian banks association had never called upon the petitioners to answer the charges levelled against them. the petitioners have been deprived of their vital and valuable rights to defend themselves.6 .....

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Nov 20 1991 (HC)

Commissioner of Income-tax Vs. S.L. Agarwala and Co.

Court : Orissa

Reported in : (1992)101CTR(Ori)222; [1992]197ITR239(Orissa)

..... compass. in its return of income for the assessment year 1980-81, m/s. s. l. agarwala & co., a partnership firm (hereinafter referred to as ' the assessee'), claimed deduction under section 32a of the act on the footing that its machinery is used for the purpose of manufacture or production of articles and things. according to the ..... the tribunal and the reference has been made to this court under section 256(1) as indicated above.2. ' investment allowance' is granted under section 32a of the act. sub-section (1) requires that the machinery or plant (a) should be owned by the assessee, (b) should be wholly used for the purposes of the ..... in cit v. m. r. gopal : [1965]58itr598(mad) . the said decision was rendered with reference to the exemption granted under section 15c of the indian income-tax act, 1922. the tribunal observed that the language used in section 15c is similar to that of section 32a(2) of the ..... a. pasayat, j.1. at the instance of the revenue, the following question has been referred under section 256(1) of the income-tax act, 1961 (for short' the act'), by the income-tax appellate tribunal, cuttack bench, cuttack (for short, ' the tribunal'), for adjudication :' whether, on the facts and in the circumstances of the ..... act and, therefore, the use of crane to convert big iron ingots into small pieces of iron constituted a manufacturing activity, and the two products were .....

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Nov 22 1991 (HC)

Commissioner of Income-tax Vs. T. Omer and Company

Court : Orissa

Reported in : (1992)102CTR(Ori)36; [1992]196ITR736(Orissa)

..... any part in the specified item of the property did not arise. the contention of learned standing counsel appears to be legally sound.5. a partnership-firm under the indian partnership act, 1932 (hereinafter referred to as 'the partnership act'), is not a distinct legal entity apart from the partners constituting it and equally in law the firm as such has no separate rights of its ..... own in the partnership assets and when one talks of the firm's property or the firm's assets, all that is meant is property or assets ..... partner may assign his share to another. but what is permissible in that regard is laid down in section 29(1) of the partnership act, that is to say, the right to receive the share of profits of the assignor and accept the account of profits agreed to by the partners. a similar view expressed ..... have a joint or common interest, (see malabar fisheries co. v. cit : [1979]120itr49(sc) .)6. the provisions of sections 14, 15, 29, 32, 37, 38 and 48 of the partnership act, 1932, make it clear that whatever may be the character of the property which is brought in by the partners when the .....

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Jul 21 1992 (HC)

Indian Timber Corporation Vs. Commissioner of Income-tax

Court : Orissa

Reported in : [1993]200ITR405(Orissa)

..... question referred are as follows :the assessee, a partnership firm, filed its returns for the assessment year 1983-84 relating to the accounting period ending on september 30, 1982. a sum of rs. 1,20,000 was claimed as ..... , and, therefore, the liability not having crystallised in a definite figure, the view of the assessing officer was correct. the assessee filed an application under section 256(1) of the act which was rejected by the tribunal on the ground that the order did not give rise to a referable question of law. thereafter, on being moved, this court directed the ..... by the assessee is deductible as accrued liability under the act for computing net income ?'2. pursuant to the direction, the tribunal has stated a case and referred the aforesaid question for opinion. the background facts necessary for adjudication of the ..... a. pasayat, j.1. on being moved by messrs. indian timber corporation (hereinafter referred to as the 'assessee') under section 256(2) of the income-tax act, 1961 (hereinafter referred to as the 'act'), this court directed the income-tax appellate tribunal, cuttack bench (in short, the 'tribunal'), to state a case and refer the following question for opinion :'whether the liability as claimed .....

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Jan 22 1993 (HC)

Dayanidhi Mohanty Vs. State of Orissa and anr.

Court : Orissa

Reported in : 75(1993)CLT789; 1993(I)OLR358

..... merely registered for some purposes under the companies act does not owe its existence to the companies act. it merely is governed by some provisions of the companies act. if the submission of shri patnaik were to be taken to its logical conclusion, even partnership firms registered under the indian partnership act, 1932 shall have to be regarded as ..... salaried employee.12. shri nanda then contends that the petitioner cannot be said to be an 'officer' as defined in section 2(3) of the indian companies act, 1956 because of which he is not one of the persons who can appear on behalf of the company. this submission is not much relevant ..... of a statutory provision. to the same effect are the decisions in u. p. state warehousing corporation v. c. k. tyagi, air 1970 sc 1244 and indian airlines corporation v. sukhdeo rai, air 1971 sc 1828. the matter was exhaustively dealt in sirsi municipality v. c. k. p. tellis, air 1973 sc ..... also would show that he was 'conducting his practice'' and not really serving the company which aspect of the matter had been taken note of in indian sulphacide's case (supra) by the punjab and haryana high court because of which the advocate was not regarded to be a workman. as to ..... the position of an officer of the appellant.7. shri nanda has referred to a single judge decision of the punjab and haryana high court in indian sulphacide industries v. labour court, (1992) 65 flr 705, in which a practising advocate engaged by a company on retainarship basis was not hold .....

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Dec 17 1993 (HC)

Tareswar Choudhury Vs. Mahata Stores and ors.

Court : Orissa

Reported in : 1994(I)OLR375

..... to 5 jointly filed the written statement. while denying their liability on facts, it was submitted that the suit is not maintainable in view of section 69(2) of the partnership act.4. plaintiff examined himself as pw 1 and proved documents marked exts. 1 to 3. defendants examined three witnesses and proved documents marked exts. a to z series. amongst other ..... reported in 1960 ojd 36 [the balasore textile distributors association v. the indian union (b.n. rly. through the general manager b.n. rly. kidderpore)and anr.] land in air 1964 ori, 49 (raghunath choudhury v. budhi naik) it has been held that section 69 (2) of the partnership act is of mandatory character and the provision prohibits enforcement of right arising out ..... , trial court on consideration of materials held that the suit is not maintainable , in view of section 69(2) of the partnership act. this is grievance of appellants.5. mr. s. s. basu, learned counsel for appellant submitted that a partnership firm has not filed the suit. plaintiff has filed the suit in his own capacity though he happens to be the managing ..... , the certificate of registration was obtained. therefore, the suit ought to have been held to be maintainable. mr. basu has relied upon order 30, rule 10, cpc as amended by act 104 of 1976 which came into force on 1-2-1977.6. description of plaintiff as managing partner of the firm and assertion in paragraph of the plaint that being .....

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Aug 03 1994 (HC)

Samrat Industries Vs. Regional Director, Esi Corpn.

Court : Orissa

Reported in : (1995)ILLJ171Ori; 1994(II)OLR328

..... recovered through the certificate proceedings by paying the same on instalments as per the orders of the certificate officer. rule 56 of schedule ii of the orissa public dcmands recovery act, 1962 provides that payment of the amount due under any certificate may he made by instalments if the certificate officer in whose office certificate is filed so directs. the ..... be specified in the regulations. the said provision does not prescribe any period of limitation for initiating proceeding for recovery of damages. there is also no other provision in the act prescribing any period of limitation to realise the damages. the use of the words 'may recover' in the said section indicates that the legislature has given discretion to the ..... being managed by one kuidiy rai kakkar and following his death in the year 1983, the management of the petitioner firm was dislocated and some records were not immediately available which resulted in non-payment of contributions for certain period under the act. the opposite party initiated certificate case no ..... to as 'the act') as per the order (annexure-6) of the regional director, employees state insurance corporation, bhubaneswar-opposite party for 'delayed payment of amount of contribution (both employer's contribution and employees' contribution) for the period of april 1, 1976 to october 30, 1978'. 2. the case of the petitioner is that it is a partnership firm and was previously .....

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Nov 22 1994 (HC)

Commissioner of Income-tax Vs. Rabindranath Bhol

Court : Orissa

Reported in : [1995]211ITR799(Orissa)

..... , the business is carried on by each of the partners, and the definition of a partnership in the partnership act has been incorporated in the indian income-tax act, in section 2(6b). . . .'6. a partnership as defined in section 4 of the indian partnership act 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. therefore, when a firm carries on business, it is business carried on by the ..... partners of that firm. one partner is the agent of the other in carrying out that business. consequently, when a partnership ..... in the premises of one of the partners, the said partner, as an individual, would be entitled to the exemption under section 22. on examination of the provisions of the partnership act as well as relying upon the decision of the bombay high court in the case of shantikumar narottam morarji v. cit : [1955]27itr69(bom) , it was held that when a .....

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