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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1944 Page 1 of about 24 results (0.125 seconds)

Aug 30 1944 (PC)

In Re : Sarupchand Hukamchand

Court : Mumbai

Decided on : Aug-30-1944

Reported in : AIR1945Bom258; (1945)47BOMLR159

..... show that this firm had any outside place from which the firm's activities were controlled. under sections 58(6) and (c) and 60 of the indian partnership act it is necessary for a firm, which is registered in british india, to state its principal place of business, and when there is any change to ..... .j.1. this is a reference made by the commissioner of income-tax under section 66(2) of the indian income-tax act before its amendment in 1939. the assessees are a partnership firm doing money-lending business. their firm is registered in british india. in the certificate of registration the principal place of business ..... facts of the case the court found that no portion of the control of the business was from british india and therefore the residence of the partnership was not in british india. applying those tests to the facts here it is clear that, apart from the statement in the affidavit filed on ..... that there may be two such places of residence, but the second residence must not merely have a delegation of management of some portion of the partnership business but should be a delegation of some portion of the management of the business as a whole. it was observed that the actual residence of ..... the negative. in my opinion the calcutta case was rightly decided and it correctly brings out the true interpretation of section 4(2) of the indian income-tax act, before its amendment in 1939. we answer the second question as settled by us, in the negative.15. the commissioner's reference to the .....

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Sep 29 1944 (PC)

B. R. Naik Vs. Commissioner of Income-tax, Bombay.

Court : Mumbai

Decided on : Sep-29-1944

Reported in : [1945]13ITR124(Bom)

..... control and management over the foreign business, since the partner is the agent of the firm for the purposes of the business of the firm : (see section 18 of the indian partnership act).in my opinion, the view of the tribunal is incorrect. no doubt, the existence of an overriding power of control and management is a very relevant consideration; but who, or ..... these words :'whether in the circumstances of the case and on a true construction of the deed of partnership the assessee-firm was rightly held to be resident in british india within the meaning of section 4-a (b) of the indian income-tax act ?'the conclusion of residence thus rests on two factors : (1) 'whether in the circumstances,' and (2) 'on a ..... is destructive of the whole reference, which proceeds on the basis that we are dealing with a partnership firm, as indeed is the case when the partnership deed is considered.the point referred to us arises in this way : section 4-a of the indian income-tax act sets out the circumstances in which individuals, hindu undivided families, firms or other associations of persons ..... true construction of the deed of partnership.' i shall deal with the second factor of the question first.the relevant clauses of the .....

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Nov 09 1944 (PC)

Kashiram Bhagshet Shete Vs. Bhaga Bhaushet Redij

Court : Mumbai

Decided on : Nov-09-1944

Reported in : AIR1945Bom511; (1945)47BOMLR470

..... members of the joint family to outside creditors who had dealings with the joint family, they are to be governed also by the principles of the law of partnership under the indian contract act (now the indian partnership act), in so far as the said principles are not opposed to the principles of hindu law.11. the case of samalbhai v. someshvar came up for consideration ..... -payments in respect of such debts so as to extend the period of limitation should also be determined having regard to the principles of the law of partnership laid down in the indian contract act (now the indian partnership act) in so far as they are not opposed to the principles of hindu law applicable to the joint hindu family trading firms.14. this brings me ..... i have made in the earlier portion of this judgment. if in the case of the joint hindu family trading firms the principles of the law of partnership laid down in the indian contract act (now the indian partnership act) are to be applied in so far as they are not opposed to the principles of hindu law applicable to joint hindu family trading firms, the ..... managing member or karta of the joint family for the purposes of the family business, regard should be had also to the principles of the law of partnership laid down in the indian contract act (now the indian partnership act) in so far as they are not opposed to the principles of hindu law which are applicable to joint hindu family trading firms, and that in .....

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Dec 01 1944 (PC)

Periambala Chettiar Vs. Muhammad Ghouse Saheb

Court : Chennai

Decided on : Dec-01-1944

Reported in : AIR1945Mad263; (1945)1MLJ279

..... .4. it has, however, been argued that under section 19 of the indian partnership act the general rule of implied agency applicable to partnerships is subject to the condition enacted in section 22 that one partner cannot bind the others by his acts unless they are done in the firm name or in any other manner expressing ..... the firm. but it was not necessary that it should also purport to be so done. section 22 is evidently based on section 6 of the english partnership act, 1890, which has been considered to be only declarat6ry of the common law.5. on the facts here, there can be little doubt that abdul ..... latif made the payment in question with the intention of binding the firm. as has been stated, the debt was a partnership debt and abdul latif was in charge of the business. he entered the payment in the books of the firm, and the appellant, too, credited it ..... of our urgency for the tobacco trade and for our family expenses.' it is the appellant's case that the executants were carrying on tobacco trade in partnership and that abdul latif one of the partners having made the part payment and endorsement, the debt is kept alive against the other partner, the respondent, ..... that abdul latif not having signed the0 endorsement as a partner the respondent cannot be bound. it is true that there was no provision in the indian contract act corresponding to section 22 but, in my opinion, that section has not effected any change in the law; for, it does no more than state .....

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Sep 08 1944 (PC)

Shapurji Pallonji Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Sep-08-1944

Reported in : AIR1945Bom238; (1945)47BOMLR174

..... certificate shows that what is registered is the instrument of partnership.5. now, the facts as found by the appellate tribunal may be very shortly stated, and they are ..... the certificate is not unimportant, and it is as follows:this instrument of partnership (or this certified copy of an instrument of partnership) has this day been registered with me, the income-tax officer, for in the province of under cause (14) of section 2 of the indian income-tax act, 1922....although the section provides for registration of the firm, the form of ..... is as follows:(1) application may be made to the income-tax officer on behalf of any firm, constituted under an instrument of partnership specifying the individual shares of the partners, for registration for the purposes of this act and of any other enactment for the time being in force relating to income-tax or super-tax.rules were framed under sub ..... .1. this is a reference under section 66(1) of the indian income-tax act, and the question referred to us is this:whether, on the facts found by the tribunal in this case, the income-tax officer is by reason of the registration under section 26a of the instrument of partnership dated november 15, 1937, prevented or estopped from taxing in the .....

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Sep 08 1944 (PC)

Shapurji Pallonji Vs. Commissioner of Income-tax, Bombay.

Court : Mumbai

Decided on : Sep-08-1944

Reported in : [1945]13ITR113(Bom)

..... -tax officer, for ___________ in the province of _________ under clause (14) of section 2 of the indian income-tax act, 1922. .....'although the section provides for registration of the firm, the form of certificate shows that what is registered is the instrument of partnership.now, the facts as found by the appellate tribunal may be very shortly stated, and they are as ..... income of the assessee, he has a right to include the name in the total income of the assessee. i find nothing in the act to prevent the same consequent following in respect of a share in a partnership put down in a nominees name, irrespective of the question whether the firm is registered or unregistered. the relevant inquiry by the income ..... is as follows :-'(1) application may be made to the income-tax officer on behalf of any firm, constituted under an instrument of partnership specifying the individual shares of the partners, for registration for the purposes of this act and of any other enactment for the time being in force relating to income-tax or super-tax.'rules were framed under sub ..... . - this is a reference under section 66 (1) of the indian income-tax act, and the question referred to us is this :'whether, on the facts found by the tribunal in this case, the income-tax officer is by reason of the registration under section 26-a of the instrument of partnership dated november 15, 1937, prevented or estopped from taxing in the .....

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Mar 28 1944 (PC)

Chambers Vs. Chambers and Others

Court : Privy Council

Decided on : Mar-28-1944

..... which two lakhs should bear to the total capital left. this, if anything, has a resemblance to partnership rather than trust. such a subject-matter in their lordships' opinion does not answer the requirements of indian trust law, and immediately raises other and inextricable difficulties both of form and of substance. thus, so ..... such ascertainment and appropriation as the law requires. their lordships in reaching their conclusion adverse to the appellant have proceeded upon the terms of the trusts act, but the general principles of trust law applicable to the case, as the learned chief justice points out are the same in india as in england ..... the trustee. 6. subject to the provisions of s. 5, a trust is created when the author of the trust indicates with reasonable certainty by any words or acts (a) an intention on his part to create thereby a trust (b) the purpose of the trust, (c) the beneficiary, and (d) the trust ..... in the light of the authorities on the subject. the requisites for the constitution of a valid trust are prescribed by ss. 5 and 6, trusts act. these read as follows : "5. no trust in relation to immovable property is valid unless declared by a non-testamentary instrument in writing signed by ..... but in their opinion the contention is untenable in law. in india the law of trusts is codified in the trusts act (2 of 1882) and when the provisions of that act are consulted the appellant's case is found to break down at the very threshold. if there is one thing clear .....

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Sep 06 1944 (PC)

Motichand and Devidas in Re.

Court : Mumbai

Decided on : Sep-06-1944

Reported in : [1946]14ITR534(Bom)

..... here, it is clear that when mr. tanubhai was admitted as a partner, as required by the partnership act, notice was given to the registrar of firms, intimating that there was a change in the partnership. after 8th july, 1940, when mr. motichand and mr. tanubhai did business in the name of ..... business is a series of transactions involving giving something by one party in consideration of something being given by the other party, a professional partnership gives the benefit or use of its professional knowledge and experience to the client in consideration of the client paying the charges. the client ..... october, 1926, and was executed between mr. motichand g. kapadia and mr. devidas j. desai, they sharing the profits and loss equally. a fresh partnership deed dated 15th july, 1936, was executed when mr. tanubhai, son of mr. devidas, was admitted as a partner. the shares of the partners were ..... 1940, when mr. devidas died, so as to entitle the assessees to the relief provided by sub-section (3) of section 25 of the indian income-tax act, 1939 (2) whether, in the circumstances of the case, the applicants were properly assessed on the 'receipts' or 'cash' basis ?dealing with ..... of the indian income-tax act, in respect of the assessment of messrs. motichand and devidas, solicitors, for the accounting year 1939. the relevant facts are these.the firm of messrs. motichand and devidas was carrying on business, as attorneys of this court, since 26th january, 1909. the first partnership deed, referred .....

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Oct 27 1944 (PC)

Ar.Kr.V. Velayudhan Chettiar Vs. the Commissioner of Income-tax

Court : Chennai

Decided on : Oct-27-1944

Reported in : AIR1945Mad195; (1945)1MLJ149

..... respect of his share of income under the partnership deed dated 26th may, 1938.the last three questions turn on the answer to be given to the first question.5. there is ample authority of this ..... part of the sole colombo business, the two together forming one business.(d) whether the assessment made on the income of the sole business at colombo and partnership business at negambo was rightly made on the applicant in the status as a hindu undivided family or whether the applicant was liable to be assessed only in ..... 1939-40 and 1940-1941 the assessee was assessed to income-tax on the basis that he was the head of a joint hindu family and that the partnership business belonged to the family. the income-tax authorities took the view that the money which the assessee had received from his father in 1924 and 1925 ..... the assessee commenced his business in colombo after the death of his father. his father died in 1934.3. on the 26th may, 1938, a deed of partnership was executed by the assessee and his two elder sons who were majors. the third son was a minor but it was provided that he was to be ..... alfred henry lionel leach, c.j.1. this is a reference by the income-tax appellate tribunal calcutta bench, under section 66 of the indian income-tax act. the tribunal has not accurately set out the facts, but these are not in dispute and they may be stated very shortly.2. the assessee is .....

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Oct 27 1944 (PC)

Ar. Kr. Vs. Velayudham Chettiar V. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Oct-27-1944

Reported in : [1945]13ITR30(Mad)

..... in respect of his share of income under the partnership deed dated 26th may 1938.'the last three questions turn on the answer to be given to the first question.there is ample authority of this court ..... of the sole colombo business, the two together forming one business.(d) whether the assessment made on the income of the sole business at colombo and partnership business at negombo was rightly made on the applicant in the status as a hindu undivided family or whether the applicant was liable to be assessed only ..... 40 and 1940-41 the assessee was assessed to income-tax on the basis that he was the head of a joint hindu family and that the partnership business belonged to the family. the income-tax authorities took the view that the money which the assessee had received from his father in 1924 and 1925 ..... that the assessee commenced his business in colombo after the death of his father. his father died in 1934.on the 26th may 1938 a deed of partnership was executed by the assessee and his two elder sons who were majors. the third son was a minor but it the provided that he was to ..... court was delivered by the honourable the chief justice).this is a reference by the income-tax appellate tribunal, calcutta bench, under section 66 of the indian income-tax act. the tribunal has not accurately set out the facts, but these are not in dispute and they may be stated very shortly.the assessee is joint .....

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