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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Court: rajasthan Year: 1994 Page 1 of about 11 results (0.023 seconds)

Jan 06 1994 (HC)

Abdul Rehman Vs. Rameshwar Dayal Prasadilal

Court : Rajasthan

Decided on : Jan-06-1994

Reported in : 1994(2)WLC260; 1994(1)WLN78

..... the deceased himat ram is sufficiently represented by the surviving partners who are on the record as respondents.in my opinion this is a case where section 47 of the indian partnership act is directly attracted and the surviving partner was entitled to continue the suit even though the firm stood dissolved by the death of one of the two partners.16. no ..... suit. his legal representatives were not joined as parties to the suit and an objection was taken that suit could not be continued. placing reliance upon section 47 of the indian partnership act, the learned judge decided that even after death of a partner remaining partners can represent the dissolved firm including the interest of the deceased partner to recover may debt due ..... the pendency of the suit, the suit could not have been carried on by the sole surviving partner or the firm amba lal. in my opinion section 47 of the indian partnership act deals with such a contingency. this section reads as followscontinuing authority of patents for purposes of winding up. after the dissolution of a firm the authority of each partner to ..... observations at page 41 of the judgment show that a surviving partner of a duly registered partnership firm can recover debt and liabilities of the firm by continuing the suit. the observations read:the case may not be literally covered by section 47 of the indian partnership act, but regard being had to the principle contained therein, there should be no difficulty in holding .....

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Mar 21 1994 (HC)

Commissioner of Income-tax Vs. Ganganagar Fertilizer Corporation.

Court : Rajasthan

Decided on : Mar-21-1994

Reported in : (1995)126CTR(Raj)366; [1995]214ITR317(Raj)

..... and after going through the various provisions, the appeal was dismissed. in the second appeal before the income-tax appellate tribunal, the provisions of sections 14 and 15 of the indian partnership act were taken into consideration where the property of the firm has been defined. the decision of this court in the case of cit v. amber corporation was relied upon. that ..... with the consent of all the partners or in accordance with a contract between the partners. the tribunal has proceeded on the interpretation of sections 14 and 15 of the partnership act. it was considered that this dissolution deed modifies the original deed of the firm to the extent that the godowns will be no longer used for the purpose of business ..... the partners as distinguished from the capital brought into the firm, etc., it cannot be said, unless the accounts are settled in the manner indicted by section 48 of the partnership act, what would be the residue which would ultimately be allocable to the partners. in that residue, which becomes divisible among the partners, every partner has an interest and when a ..... . on the dissolution of the firm each partner becomes entitled to his share in the profits, if any, after the accounts are settled in accordance with section 48 of the partnership act. thus, in the entire assets of the firm all the partners have an interest albeit in proportion to their share and the residue, if any, after the settlement of accounts .....

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Feb 08 1994 (HC)

Jai NaraIn and ors. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Feb-08-1994

Reported in : [1994]207ITR632(Raj); 1994(1)WLC510

..... answer the query.5. heard learned counsel for the petitioners and learned standing counsel for the department. the facts are not in dispute that the partnership deed shows four partners, viz., jainarain, purshottam, ram kishore and jugal kishore, but profit of the firm has been distributed among five partners. ..... is a wrong statement of the fact showing the contrary distribution of income of the firm among five partners than the partners shown in the partnership deed. therefore, the firm was treated as an unregistered firm and assessed as such. not only that, the prosecution also lodged against the ..... also, who happened to be the father of jainarain, purshottam and ram kishore. champalal has expired during the pendency of the proceedings. the partnership deed has shown four partners but profit of the firm in these years have been divided among five partners and later on it was corrected ..... the sake of convenience, i dispose of them by this common order.2. the accused petitioners are partners of messrs. champalal jainarain firm. a partnership deed was executed consisting of four partners, three major and one minor. the partners are jainarain, purshottam, ram kishore and jugal kishore. the allegation ..... partners for offences under section 277 read with section 278 of the income-tax act, 1961, as well as section 477a of the indian penal code, and complaint to this effect was filed in the court of munsif and judicial magistrate, barmer, in december .....

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Aug 08 1994 (HC)

Commissioner of Income-tax Vs. Rajesh Corporation

Court : Rajasthan

Decided on : Aug-08-1994

Reported in : 1994(2)WLN461

..... 'there was no need in law for a partial partition of the family before some of the members of the family constituted themselves into a partnership firm. the tribunal held that there was no sustainable objection against the claim for registration. '8. on an application made by the revenue, ..... v. cit : [1989]175itr309(mp) . in the aforesaid case, the profit had not been distributed between the two partners in view of the partnership deed, but the facts of the present case are entirely distinguishable from the aforesaid case and, in our opinion, it does not support the contention ..... which was quite out of proportion considering that they had not made investment. from the facts stated above, the income-tax officer inferred that the partnership was an attempt to divert the income and was a result of collusion between the persons concerned, thus holding the two ladies to be benamidars ..... , are not genuine partners, but are benamidars of the male partner, shri sirehmal chopra. he further held that the execution of the instrument of partnership was only a make-believe document. he, therefore, refused registration to the firm and the assessment has been made in the status of an unregistered ..... :'whether, on the facts and in the circumstances of the case, ratanchand darbarilal, satna, was entitled to registration under section 26a of the indian income-tax act, 1922, for the assessment year 1958-59 ?'9. however, the commissioner of income-tax applied to the high court for directing the tribunal to .....

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Mar 01 1994 (HC)

Commissioner of Income-tax Vs. Vimal Kumar Surana

Court : Rajasthan

Decided on : Mar-01-1994

Reported in : [1994]210ITR620(Raj)

..... the form of precious cut stones and was contributed by the hindu undivided family, as capital in the firm, mannalal nirmal kumar surana and co., a partnership firm in which the hindu undivided family became a partner. the assessment was completed by the income-tax officer, special survey circle-i, jaipur, on august ..... income-tax appellate tribunal. besides the points that the proceedings initiated under section 147(a), theaction could be justified under section 147(b) of the act and in the alternate the action could be taken to give effect to the order passed by the commissioner of income-tax under section 203, wure ..... were issued on january 4 ,1979. the income-tax officer also proposed to the commissioner of income-tax to take action under section 263 of the act as, according to him, the order passed waserroneous/prejudicial to the interests of the revenue. the income-tax officer passed an order on may 6, ..... disclosure made by the bigger hindu undivided family, whereas in accordance with the declarations under section 3(1) of the voluntary disclosure of income and wealth act, 1975, the declaration was made on december 30, 1975, in respect of precious cut stones weighing 2,800 carats and were valued at rs. 23 ..... -78 on the ground that the income-tax appellate tribunal was not justified in referring the matter to this court under section 256(1) of the act, vide its order dated january 10, 1984. the questions which were raised under section 256(1) were as under :'whether, on the facts and .....

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Jul 21 1994 (HC)

Maharani Yogeshwari Kumari Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Jul-21-1994

Reported in : (1995)126CTR(Raj)453; [1995]213ITR541(Raj); 1995(1)WLC621; 1994(2)WLN500

..... the other three tea estates was not liable to be assessed in the hands of the assessee. while interpreting the provisions of section 9 of the indian income-tax act, 1922, the apex court has held in the case of r.b. jodha mal kuthiala : [1971]82itr570(sc) that the owner must be ..... the property is registered in the name of 'x', 'a' cannot escape his liability. secondly, there can be a partnership where the partners have contributed the property and the property has become the partnership property, then no registration is required, the income in such a case has to be assessed in the hands of ..... the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, ..... .e., the date of execution and not from the date of its registration. section 48 provides that all non-testamentary documents duly registered under the registration act, and relating to any property, whether movable or immovable, shall take effect against any oral agreement or declaration relating to such property, unless where the ..... the partnership-firm and not the individuals who have contributed the property. thirdly, the transferee who has received the income has already been .....

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Aug 26 1994 (HC)

Commissioner of Wealth-tax Vs. Smt. Lata Nawalkha

Court : Rajasthan

Decided on : Aug-26-1994

Reported in : (1994)122CTR(Raj)34; [1995]213ITR577(Raj); 1994(2)WLN421

..... law does not require that the 'industrial undertaking' should be of national importance or should be registered as an industrial undertaking. it was also contended that the partnership firm, m.d. jewellers, jaipur, used to purchase rough emeralds known as 'kharad' from the local market. after sorting out the rough emeralds, according ..... the obvious reason that the case was not put up by the parties in the correct perspective. reference was made before us to a book indian gemmology by raj roof tank which is stated to be an authoritative book on the subject in order to show the various stages of the manufacturing ..... claimed before us on behalf of the assessee. we may add that the meaning of an 'industry' defined in section 2(j) of the industrial disputes act as indicated in bangalore water supply and sewerage board v. a. rajappa, : (1978)illj349sc may also be borne in mind in this context. the triple ..... . jewellers, jaipur. the assessee claimed exemption under section 5(1)(xxxii) of the wealth-tax act, 1957, on the plea that m.d. jewellers is an industrial undertaking. the wealth-tax officer rejected the contention of the assessee. according to the wealth- ..... corporation, is an industrial undertaking and the assessee being one of its partners, i.e, entitled to exemption under section 5(1)(xxxii) of the wealth-tax act, 1957, in regard to her capital investment in the said firm ?'2. the assessee is an individual. she is a partner in the firm, m.d .....

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Sep 05 1994 (HC)

Govind Ballabh Parikh Vs. Income-tax Officer

Court : Rajasthan

Decided on : Sep-05-1994

Reported in : [1995]214ITR519(Raj); 1995(2)WLC490

..... ]57itr637(sc) in which the apex court has held as under (headnote) :' where, upon the issue of a notice under section 34 of the indian income-tax act, 1922, a claim is made in a writ petition that the income-tax officer had no power to issue the notice and that the power is ..... declared up to january 21, 1980, and after that, the property has been put into partnership firm. the petitioner also filed the copy of the accounts of the partnership firm as well as the deed of partnership firm which was given to the assessing authority. in paragraph 5 of the reply, the assessee ..... the assessee through his counsel intimated the revenue, vide letter annexure 4, that the impugned notice dated february 6, 1985, issued under section 148 of the act in respect of shri b. k. pareek, advocate, for the assessment year in question was without jurisdiction and it was further submitted that all material facts ..... assessee that for the reasons mentioned hereinabove, the notice issued by the respondent in pursuance of section 147(b) read with section 148 of the act is bad in law, illegal and without jurisdiction and requested that the same being vacated. it was further mentioned on behalf of the assessee that ..... constitution of india, in the matter of notice dated february 6, 1985, served on the petitioner under section 148 of the income-tax act, 1961 (for short, 'the act'), for the assessment year 1980-81, the petitioner has challenged the impugned notice on the ground that no reasons have been disclosed by .....

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Sep 14 1994 (HC)

Krishna Kumar Rawat and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Sep-14-1994

Reported in : 1995(2)WLC296

..... the submission of learned counsel for the petitioner is that the total land is 17 bighas 12 biswas having khasra no. 126 owned by the partnership firm, messrs. rajasthan industrial company, which submitted a plan for development of an amusement park, commercial complex and residential colony. the jaipur development ..... authority approved the plan for the commercial complex and amusement park. the partnership was dissolved and, as such, the single integrated complex for which the plans were approved could not be acted upon. according to the submission of learned counsel for the petitioner, out of the total ..... has to be passed in a time-bound programme. the appropriate authority consists of three persons ; two of whom are to be members of the indian income-tax services group 'a' holding the post of the commissioner of income-tax or, any equivalent or higher post and, one has to ..... learned counsel do not require to be gone into.12. the principles for valuation in respect of an immovable property under the wealth-tax act or other taxation laws are different from the principles which are applicable to acquisition proceedings. the proceedings under chapter xx-c are akin to ..... counsel for the respondents is that the writ petition is not maintainable as the petitioner and the vendor have contravened the provisions of the act by transferring the property before any permission could have been given by the appropriate authority and for which reliance has been placed on the .....

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Sep 14 1994 (HC)

Krishna Kumar Rawat and Others Vs. Union of India and Others.

Court : Rajasthan

Decided on : Sep-14-1994

Reported in : (1995)123CTR(Raj)61; [1995]214ITR610(Raj); [1995]78TAXMAN142(Raj)

..... .the submission of learned counsel for the petitioner is that the total land is 17 bighas 12 biswas having khasra no. 126 owned by the partnership firm, messrs. rajasthan industrial company, which submitted a plain for development of an amusement park, commercial complex and residential colony. the jaipur development ..... authority approved the plain for the commercial complex and amusement park. the partnership was dissolved and, as such, the single integrated complex for which the plans were approved could not be acted upon. according to the submission of learned counsel for the petitioner, out of the total area ..... to be passed in a time-bound programme. the appropriate authority consists of three persons; two of whom are to be members of the indian income-tax services group a holding the post of the commissioner of income-tax or, any equivalent or higher post and, one has to be ..... by learned counsel do not require to be gone into.the principles for valuation in respect of an immovable property under the wealth-tax act or other taxation laws are different from the principles which are applicable to acquisition proceedings. the proceedings under chapter xx-c are akin to ..... counsel for the respondents is that the writ petition is not maintainable as the petitioner and the vendor have contravened the provision of the act by transferring the property before any permission could have been given by the appropriate authority and for which reliance has been placed on the .....

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