Court : Mumbai
Decided on : Aug-22-1950
Reported in : AIR1951Bom6; (1950)52BOMLR862; ILR1951Bom101
..... court went on to discuss the reason of the rule by trying to distinguish the terms of section 80, civil p. c., and section 69(2), partnership act, by going behind the plain words of those sections and trying to divine what was the reason of the rule enacted in those respective sections. this was ..... way as if the suit had originally been instituted with leave. ram lall j. in the course of his judgment incidentally considered the provisions ofsection 69, partnership act, and observed at p. 295 that the right to enforce a claim was granted by a decree and if the condition for theenforcement of that remedy was ..... and the provisions thereof had been laid down as explicit and mandatory. they observed that section 80, civil p. c. had very much in common with section 69, partnership act, and came to the conclusion, as venkataramana bao j. had done in the case of girdharilal son & co. v. kappini gowder : (1988)2mlj44 that subsequent ..... in the register of firms as partners in the firm.' there is no decided case of our high court on the construction of section 69(2), partnership act. speaking for myself, i may say that this point has been urged before the judges of the original side of this high court on a number ..... referred it to a division bench. the appeal has accordingly come up before us for hearing and final disposal.3. the terms of section 69(2), partnership act, may be set out at this stage, and they are:'no suit to enforce a right arising from a contract shall be instituted in any court by .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-03-1950
Reported in : AIR1952P& H240
..... portion of section 19 read : '18. subject to the provisions of this act, apartner is the agent of the firm for the purposesof the business of the flrm.'19 (1) subject ..... to bind his firm by agreeing to refer disputes to arbitration does not govern indian merchants carrying on business at kot kapura or moga 'mandi'. in any case, considering that in the indian partnership act, 1872, there was no provision corresponding to sub-section(2) of section 19 of the act i find that air 1924 sind 29 does not govern the case. indeed, subsection ..... (2) of section 16 of the act has no statutory precedent and the legislature appears to have reproduced in section ..... partner is 'praposi-tus negotiis sociatatis' and binds the other partners by his acts in all matters which are within the scope and objects of the partnership and has authority to submit a dispute relating to the business of the firm to arbitration.9. sections 18 and 19 of the indian partnership act 1932, are relevant to the argument raised. section 18 and the material .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-04-1950
Reported in : 19ITR372(All)
..... of shri thakur ji rashiq siromaniji situated in rambagh outside laxmi gate, jhansi. in section 4 of the indian partnership act, partnership has been defined as 'the relation between persons who have agreed to share the profits of a business carried on by all ..... profits and would bear the losses in equal shares. an application was presented for registration of this deed of partnership under section 26a of the indian income-tax act during the assessment year 1945-46. the income-tax officer rejected this application and the appeals to the ..... the provisions in the contract about the liability to bear losses in equal shares is ordinarily much more consistent with the constitution of a partnership then with any other relationship between the contracting parties. there can, of course, be cases where, under special circumstances, the parties ..... bench, under section 66(1) of the indian income-tax act for our opinion :-'whether, in the circumstances of the case and on a correct construction of the deed of partnership, dated the of april 3, 1945, a genuine partnership can be inferred ?'the assessee firm lalli ram ..... appellate assistant commissioner of income-tax and to the income-tax appellate tribunal failed. the assessee firm, therefore, applied for a reference to this court.the statement of the case forwarded by the tribunal incorporates a translation of the partnership .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-04-1950
Reported in : AIR1951All44
..... become partners.'sir john beaumont delivering the judgment of the judicial committee in bhagwanji morarji goculdasv. alembic chemical works co. ltd. :'it is true that the indian partnership act goes further than the english partnership act, 1890, in recognising that a firm may possess a personality distinct from the persons constituting it; the law in india in that respect being more in accordance ..... in bhagwanji morarji v. alembic chemical works, ltd. . reliance is placed on these observations of their lordships of the judicial committee :'it is true that the indian partnership act goes further than' the english partnership act, 1890, in recognising that a firm may possess a personality distinct from the persons constituting it ; the law in india in that respect being more in ..... persons constituting it, and that the entity continues so long as the firm exists and continues to carry on its business. it is true that the indian partnership act goes further than the english partnership act, 1890, in recognising that a firm may possess a personality distinct from the persons constituting it; the law in india in that respect being more in ..... associated individuals, a fictitious being which in a manner represents them, but is not identical with them.'42. mr. pathak has referred to the various sections of the indian partnership act to show that a partner has been considered to be distinct from a firm. there cannot be any dispute about it. an individual partner is distinct from the firm, .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-08-1950
Reported in : AIR1951All601
..... & which on his bankruptcy passes to his trustee.' (lindley on partnership, edn. 10, pp. 415, 416).9. the law in india is not different. section 46, indian partnership act, defines the rights of patnrs. in the assets of a partnership on the dissolution of the partnership. it is as follows: --'on the dissolution of a firm ..... . the transferee's interest attaches to the proceeds which are in the hands of the receiver after payments of all the debts & liabilities of the partnership. the property in the hands of bhola nath, therefore, is not subject to the charge created by the decree in favour of mst. kaso devi ..... , but, speaking generally, is entitled, on a dissolution, to have the partnership property, whether land or not, sold, & the proceeds divided. of course, this is subject to a contract to the contrary.8. again at p. ..... has against the others are in many important respects different from, & less extensive than, those which one patnr. has against his co-patnrs.' (lindley on partnership, edn. 10, pp. 31-32).7. the important thing for our present purpose to note is that a patnr. has no right to partition in specie ..... between himself & co-owners, but not (except by virtue of the partition acts) to have it sold against their consent. a patur. has no right to partition in specie, but, speaking generally, is entitled, on a dissolution, to have the partnership property, whether land or not, sold, & the proceeds divided.(7) as .....Tag this Judgment!
Court : Orissa
Decided on : Mar-13-1950
Reported in : AIR1951Ori16; 16(1950)CLT88; 19ITR219(Orissa)
..... on any business, profession, or vocation on which tax was at any time charged under the provisions of the indian income-tax act 1918, is succeeded in such capacity by another person, the change being not merely a change in the constitution of the partnership, no tax shall be payable by the first-mentioned person in respect of the income, profits and gains ..... during the year of assessment. the section, in express terms, refers to 'business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act.' on a plain reading of the section, it appears to me that the income from a particular business which was in existence in the year 1918 and had been ..... ), income-tax act, 1939. the income-tax officer rejected his claim, but the appellate assistant commissioner held that the provisions of schedule ..... on mercantile business in grains prior to 1918 and had been assessed to income-tax under the income-tax act, 1918. during the assessment year 15-4-43 to 2-4-44, the joint family became separated and was succeeded by a partnership firm consisting of the members of the family. the petitioner claimed exemption from income-tax under schedule 5 (4 .....Tag this Judgment!
Court : Chennai
Decided on : Apr-14-1950
Reported in : AIR1951Mad291; (1950)2MLJ453
..... 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 an act of parliament or some other indian law or of royal charter or letters patent.'sub-section (5) of the same section provides ..... of tiruchirapalli and on appeal by the subordinate judge of tiruchirapalli on the ground that the plaintiffs could have no remedy against the members of the old partnerships which were illegal under section 4, companies act and the plaintiff had no cause of action against defendant 4 company. the district munsif further held that the claim against defendants 2 and 3 and ..... that any person who is a member of such a partnership formed in contravention of this section shall be punishable with fine ..... corresponding to section 4, indian companies act. the plea in defence was that as the club was an unregistered association of more than 20 persons, and therefore illegal, there could not be a conviction. the section enacted that;'if any person, being a member of any co-partnership, or being one of two or more beneficial owners of any money ..... shall steal or .....Tag this Judgment!
Court : Kolkata
Decided on : May-12-1950
..... holding that the interest; credited to mst. jabbar's account since her death was not an allowable* deduction under the provisions of the indian income-tax act.2. the assessees were a firm, hazarimal hiralal. it is a registered partnership consisting of three partners carrying on an extensive business as importers of piece-goods. one of the partners, bhudarmal died and as usual ..... harries, c.j.1. this is a reference made under section 66 of the indian income-tax act by the income-tax appellate tribunal at the instance of the assessees. the question formulated for the opinion of the court is as follows:whether the tribunal was right in ..... in marwari partnership, he was succeeded by his son, hulaschand, who, being a minor, was admitted to the benefits of partnership in place of his father .....Tag this Judgment!
Court : Kolkata
Decided on : May-12-1950
Reported in : 21ITR113(Cal)
..... holding that the interest credited to mst. jabbars account since her death was not an allowable deduction under the provisions of the indian income-tax act.'the assessee were a firm, hazarimal hiralal. it is a registered partnership consisting of three partners carrying on an extensive business as importers of piece-goods. one of the partners, bhudarmal, died and as usual ..... the judgment of the court was delivered byharries, c.j. - this is a reference made under section 66 of the indian income-tax act by the income-tax appellate tribunal at the instance of the assessees. the question formulated for the opinion of the court is as follows :-'whether the tribunal was right in ..... in marwari partnership, he was succeeded by his son, hulaschand, who, being a minor, was admitted to the benefits of partnership in place of his father. later .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-18-1950
Reported in : 18ITR914(All)
..... basanti bibi and undertook to contribute 1/16th share of the profits to a common charity fund. to put the matter beyond controversy they executed a fresh deed of partnership on the 27th february, 1942, under which kedar nath got 5/15ths share, gopi krishna 6/15ths, basanti bibi 2/15ths, hari das 2/15ths and it ..... under section 26a for the years 1937-38, 1938-39 and 1939-40, but in 1940-41 the renewal of the registration was refused on the ground that partnership itself was invalid. the partners thereupon sat down to rectify the error and on the 11th july, 1941, they entered into a agreement in which they made the ..... his adopted son, gopi krishna, and one hari das, a stranger, on the 27th march, 1935. this partnership was registered by the income-tax officer under section 26a of the indian income-tax act. in the year 1937 there was a change and a fresh deed was executed on the 4th february, 1937, under which kedar nath got ..... 5/16ths share in the partnership, gopi krishna 6/16ths, hari das 2/16ths, basanti bibi, wife of kedar nath, ..... the following three questions have been referred to us under section 66(2) of the indian income-tax act :-'(1) whether there was any material on record which established that the dharmada or charity was a partner under the deed dated 27th february, 1942 ?(2) .....Tag this Judgment!