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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Court: rajasthan Page 1 of about 325 results (0.064 seconds)

Apr 16 1958 (HC)

Gulab Chand Vs. Firm Hanuman Bux Rama Kishan, Sambhar and anr.

Court : Rajasthan

Reported in : AIR1959Raj223

..... that the plaintiff firm having not been registered, it was not entitled to bring a suit by virtue of section 69 of the indian partnership act (hereinafter to be referred to as the act).3. certain issues were framed, and the issue regarding the non-maintainability of the suit by virtue of section 69 of the ..... clause (2) and not future proceedings. so a suit by an unregistered firm to recover sum of money due on a promissory note executed before partnership act is barred if instituted after october 1933.'19. a similar point arose in another case before the same high court in air 1938 mad 688. the ..... the ruling of the madras high court in air 1937 mad 419. in that case the learned single judge held that--'section 69, clause (2), partnership act, which is only a rule of procedure would not affect the right to sue, and being an enactment relating to procedure and therefore retrospective in its ..... 74 in the following cases:14. in air 1937 mad 419, which is a single judge case, it was held that--'section 69, clause (2), partnership act, which is only a rule of procedure would not affect the right to sue, and being an enactment relating to procedure and therefore retrospective in its operation, ..... , patna and lahore rulings relied upon by learned counsel far the applicant are concerned, they were based upon the fact that section 74 of the partnership act is intended to apply to substantive rights and not to matters of procedure, and the procedure laid down by section 69 must be followed in a .....

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Jul 28 1960 (HC)

Narsingh Das Vs. Bhairon Dan

Court : Rajasthan

Reported in : AIR1961Raj81

..... proceeding against the insolvent without the leave of the insolvency court.it may also be pointed out in this connection that before the indian partnership act, 1932, came into force, if the insolvent carried on business in partnership with other persons, the partnership was not dissolved by his insolvency and the other partners in that event became entitled to institute a suit for dissolution of ..... date the order of adjudication is made, by virtue of section 34 of the partnership act. again, except where there is a contract to the contrary, such firm is also dissolved when one of the partners thereof is adjudicated an insolvent (see section 42 of the ..... the partnership and for rendition of accounts outside the insolvency court.but ever since the partnership act came into force, where a partner in a firm has been adjudged an insolvent, he ceases to be a partner in the firm on the ..... partnership act). the position, therefore, is that on the adjudication of a partner as insolvent, his share in the partnership business along with his separate property vests in the insolvency court.once this vesting takes place, the provisions of section 17 of .....

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Dec 23 1960 (HC)

Gajanand Vs. Sardarmal and anr.

Court : Rajasthan

Reported in : AIR1961Raj223

..... now been replaced with some modifications, which are inconsequential in its nature for the purpose of this case, by section 47 of the partnership act. the repealed section 263 of the contract act and section 47 of the indian partnership act give effect to the principle of the english law that after the dissolution of the firm, the authority of each partner continues so far ..... 263 of the contract act), but it may be held that a contrary intention within the meaning of the present ..... section sufficiently appears from the nature of the transaction when it is once ascertained to be a partnership transaction, regard being had to the uniform and well understood ..... commentary of the indian contract act nave stated that the better opinion was that the representatives of a deceased partner were not necessary parties to a suit for tile recovery of that which accrued due to the partnership in the litetime of the deceased. they have further observed that:'the case is not literally covered by section 47 of the indian partnership act (formerly section .....

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Feb 16 1961 (HC)

Gappulal Gordhandas and ors. Vs. Chunilal Shyam Lal and ors.

Court : Rajasthan

Reported in : AIR1961Raj286

..... to consider in connection with this appeal was whether the pro-ceedings under the encumbered estates act for determination of a claim of a creditor were at all governed by the provisions of section 69 of the indian partnership act. this argument had to be considered in view of the language of sub-sections (1) ..... 1) of section 69.'7. i accordingly hold that the present suit by the plaintiff was not maintainable in view of section 69 of the partnership act as it is an unregistered firm.8. the revision applications are accordinglyallowed with costs and the suit of the plaintiff forfixation of rent is dismissed ..... suit to enforce a right arising out of a contract of tenancy. the suit therefore falls under sub-section (3) of section 69 of the partnership act.6. in this connection the decision of the allahabad high court in abdul jabbar v. audhesh singh, air 1954 ah 310 may be referred ..... v. arjanadu, air 1939 mad 145 held that section 69 of the partnership act was not applicable as the suit was not to enforce a right arising out of any contract but was a suit for enforcing a right ..... an unregistered firm. the suit was resisted by the landlords inter alia on the ground that in view of the provisions of section 69 of the partnership act the present suit is not maintainable. the trial court upheld this objection and dismissed the suit. on appeal the learned district judge relying on sreemannarayanamurthy .....

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Oct 31 1961 (HC)

Nathmal Nenmal, a Firm Bombay Vs. Mangilal and ors.

Court : Rajasthan

Reported in : AIR1962Raj144

..... the firm name. it is true that a firm is not a legal entity but under chapter v of the indian partnership act, the rights and liabilities of the incoming and outgoing partners of the firm are defined and in the treatment of this subject, firm has been given ..... have entered into partnership with one another are called individually partners and collectively a firm and the name in, which the business is carried on is called ..... on business in partnership by permitting them to bring a suit in the name of the firm. it is to be noted that it is only in the case of a partnership business carried on in the name of a firm that this facility can be availed of. under section 4 of the indian partnership act, partners who ..... into a detailed discussion on the point. it would suffice to take the definition of the firm in the partnership act a definition which has been borrowed from the old repealed section 239 of the indian contract act, and hold that partners collectively constitute a firm. we will not be stretching the provisions of order 30 if ..... meghraj, and chhogalal for the recovery of rs. 16,515-15-0. 2. the case set out by the plaintiff is that it was a registered partnership firm carrying on business at bombay and the names of the partners of the plaintiff firm were mentioned in the register of firms, bombay. chhogalal defendant .....

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Jul 18 1963 (HC)

Uttamchand Vs. Mohandas

Court : Rajasthan

Reported in : AIR1964Raj50

..... unquestionably void, yet there are circumstances which show that the parties did not correctly appreciate the implications of the law applicable to that agreement i.e., (section 30 of the indian partnership act). on the facts and circumstances of the case and looking to the terms of the agreement and the conduct of the parties, it can be safely concluded that the agreement ..... to the benefits of partnership would be a perfectly valid agreement. the agreement in this case recited in paragraph ..... doubt that a minor can be admitted to the benefits of a partnership. a guardian of a minor therefore, can validly enter into a contract admitting the minor to the benefits of a partnership, where a partnership already exists though he cannot be made a partner in a firm (vide section 30 indian partnership act). therefore, a contract by a guardian of a minor admitting him ..... therefore, which falls for determination is whether the respondent is entitled to the possession of the shop in dispute from the appellant under the provisions of section 65 of the indian contract act. the intention of the section is to prevent a party to a void agreement, to retain benefits received under it. the section is not restricted to agreements which are .....

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Nov 19 1963 (HC)

Bishambhar Dayal Vs. Moolchand and ors.

Court : Rajasthan

Reported in : AIR1964Raj179

..... expect, and that such impossibility has not been caused by the person seeking to take advantageof it.' same is the law under the indian partnership act (see section 44 clauses (c,d,f and g). therefore, the proper remedy for the plaintiff in this situation was to sue for the dissolution ..... book on partnership at p. 657 in the passage which i will read, and which, ..... ? i think it is quite clear under the law of partnership, as has been asserted in this court for many years and is now laid down by the partnership act, that that state of things might be a ground for dissolution of the partnership for the reasons which are stated by lord lindley in his ..... for an injunction; but if one partner excludes his co-partner from his rightful interference in the management of the partnership affairs, or if he persists in acting in violation of the partnership articles on any point of importance, or so grossly misconducts himself as to render it impossible for the business to be ..... to be seen whether it is established that the defendants have been illegally interfering in the management of the partnership affairs by the plaintiff or have been acting in violation of the terms of partnership or have so grossly misconducted themselves as to render the carrying on of the business impossible in a proper .....

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Nov 16 1964 (HC)

Daya Ram and Another Vs. Additional Collector, Jaipur, and Others.

Court : Rajasthan

Reported in : [1966]62ITR411(Raj)

..... 6b). - in this act. firm, partner and partnership have the same meanings respectively as in the indian partnership act, 1932 (9 of 1932) : provided that the expression partner includes any person who being a ..... minor has been admitted to the benefits of partnership.'the term 'registered firm' means a firm registered ..... respect of whom any proceeding under this act has been taken for the assessment of his income or of the loss sustained by him or of the amount of refund due to him.'sub-section (6b) of section 2 defines the terms 'firm', 'partner' and 'partnership' which have the same meaning as given in the indian partnership act and runs as under :'section 2( ..... .the allahabad high court, in motilal purshottam das v. income-tax officer, district ii (iii), kanpur, observed that 'it is true that section 44 of the income-tax act or the partnership act makes a partner liable in respect of the tax due from a firm, but the question was whether proper recovery proceedings can be started under section 45 and 46 .....

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Nov 16 1964 (HC)

Daya Ram and anr. Vs. the Additional Collector and ors.

Court : Rajasthan

Reported in : AIR1965Raj205

..... 'section 2(6b)--in this act, 'firm,' 'partner' and 'partnership' have the same meaning respectively as in the indian partnership act, 1932,' with one difference viz., ''that for the purposes of this act 'partner' includes a minor admitted to the benefits of ..... partnership'. 11. the term 'registered firm' means a firm ..... of whom any proceeding under this act has been taken for the assessment of his income or of the loss sustained by him or of the amount of refund due to him.' 10. sub-section (6b) of section 2 defines the terms 'firm', 'partner' and 'partnership' which have the same meaning as given in the indian partnership act and runs as under :-- ..... the allahabad high court, in motilal furshottam das v. income tax officer : [1960]39itr497(all) , observed that : 'it is true that section 44 of the income tax act or the partnership act makes a partner liable in respect of the tax due from a firm, but the question was whether proper recovery proceeding can be started under sections 45 and 46 .....

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Mar 31 1967 (HC)

New Cotton and Wool Pressing Factory Vs. Commissioner of Income-tax, R ...

Court : Rajasthan

Reported in : [1967]65ITR662(Raj)

..... ., dulichand laxminarayan v. commissioner of income-tax, it was held by their lordships of the supreme court that 'the word persons in section 4 of the indian partnership act, which has replaced section 239 of the indian contract act, contemplates only natural or artificial, i.e., legal persons, and for the reasons stated above, a firm is not a person and as such is not ..... 'income from property' in respect of the bona fide annual value of such immovable property. on the contrary, it may be pointed out that section 14 and 15 of the indian partnership act make a clear distinction between the property of the firm as such, and property of its individual partners. both the sections are reproduced there to appreciate this position of law ..... firm. in support of his argument, has he referred to section 19 of the indian partnership act, 1932. it would be proper to reproduce here section 9(1) of the act and section 19 of the indian partnership act on whose interpretation the above argument is based. they run as follows.income-tax act'9. (1) the tax shall be payable by an assessee under the head income ..... entitled to enter into a partnership with another firm or hindu undivided family or individual'. this case has also no bearing on the point raised in the present .....

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