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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1973 Page 10 of about 140 results (0.066 seconds)

Sep 05 1973 (HC)

S.P. Periaswami Konar and anr. Vs. S. Mikole Udayar and anr.

Court : Chennai

Decided on : Sep-05-1973

Reported in : (1975)1MLJ70

..... kesava iyengar, the learned counsel for the first respondent, in this connection, drew our attention to the provisions contained in section 48 of the indian partnership act, 1932 and contended that in clause 7 of the partner-ship deed entered into between the parties, it has beep expressly provided that the construction ..... of accounts from defendants 1 to 3 independent of any general account relating to the partnership. the position in this behalf is not in dispute and has been clearly laid down in section 4 of the indian partnership act, 1932. that section provides : 10on the dissolution of a firm every partner or ..... their representatives according to their rights.as has been pointed out by the editor of pollock and mulla on the sale of goods act and the partnership act, third edition (1965) at page 366.no suit can be maintained by one partner against another in respect of any transaction which forms ..... , contends that as a matter of law, whenever a partner files a suit against his other partners in relation to matters concerning the partnership after the partnership has been dissolved, the only remedy available to him is to file a suit for general accounting and he cannot file a suit for ..... an item of the partnership account, for such a suit would, from its very nature, involve the taking of the whole partnership account, and this can .....

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Sep 06 1973 (HC)

Maneklal Bhagwandas Vs. N.N. Sheth, Income-tax Officer, Surat

Court : Gujarat

Decided on : Sep-06-1973

Reported in : [1974]94ITR287(Guj)

..... of rs. 10,000 (ten thousand) denomination, the numbers of which are as under. the aforesaid amount has been taken in accordance with the agreement of partnership executed by us to-day.' and then the numbers of the ten currency notes of rs. 10,000 each are set out. on july 10, 1969, ..... desai and withdrawn an amount of rs. 2,00,000 from the state bank of hyderabad, secretariat branch, hyderabad. on july 1, 1969, an agreement of partnership was executed by the petitioner and ratilal desai. on that very day, that is, on july 1, 1969, the petitioner passed a receipt for the sum of ..... ratilal desai in respect of the said sum of rs. 1,70,000. the petitioner retained with him one copy of the agreement or deed of partnership and the original document on stamp paper was retained by ratilal desai. ratilal desai had also asked the petitioner to invest the moneys if the petitioner ..... invest the said sum of rs. 2,00,000 in the petitioner's factory at surat. the petitioner and ratilal desai thereupon decided to form a partnership firm in which it was also agreed to admit the son of ratilal desai as one of the partners. this son of ratilal desai was at ..... jewellery or other valuable article or thing represents either wholly or partly income or property which was not been disclosed for the purposes of the indian income-tax act, 1922, or this act, he may authorize any deputy director of inspection, inspecting assistant commissioner, assistant director of inspection or income-tax officer to seize any such .....

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Sep 07 1973 (SC)

Kishan NaraIn Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Sep-07-1973

Reported in : AIR1973SC2751; 1973CriLJ1839; (1974)3SCC368; [1974]1SCR605

..... a firm owning the new india knitting mills in amritsar. it has a sister concern called j.d. woollen and silk mills, which is owned by a partnership firm of which the appellant's minor son is a partner. on 10-10-1963 the j.d. mills was given an import licence for rs. 23,480 ..... is wholly judge made law but in this country the duty of the judge is to interpret the provisions of the evidence act in its application to the particular circumstances of a case. whether if in any particular case the guilt or innocence of an accused depended on the production ..... scope of the powers of the court to examine the documents in respect of which privilege is claimed under sections 123, 124 and 125 of the evidence act. nor do we think that the english decisions on the point would be wholly apt in the circumstances of this country. in england the law regarding evidence ..... putting rao in a difficult situation. it would not have affected the prosecution case in any way. we do not consider that the fact that shahani had acted as an informer and applied for rewards for his services as an informer in respect of the 3 consignments imported by the j.d. mills, in any ..... on record was not correct. the learned judge seems to have been more concerned with the provisions of section 125 than with section 124 of the evidence act. while the portions brought on record might not contravene the provisions of section 125 we have no doubt that it contravenes section 124. the noting made by .....

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Sep 10 1973 (HC)

Commissioner of Income-tax Vs. Ahmedabad Controlled Iron and Steel Reg ...

Court : Gujarat

Decided on : Sep-10-1973

Reported in : (1974)GLR1; [1975]99ITR567(Guj)

..... present case, it must be pointed out that premchand gokaldas, the managing director of the assessee-company, was sought to be prosecuted because he represented the assessee-company in the partnership firm of messrs. kashiparekh brothers. the assessee-company had put forward premchand gokaldas as its nominee and when it incurred the expenditure of rs. 15,420 in defending premchand gokaldas ..... gokaldas defended himself and in this connection the companyincurred an aggregate amount of expenditure of rs. 16,259. the city magistrate, third court, ahmedabad, acquitted all the accused except the partnership-firm and thus premchand gokaldas also came to be acquitted. in the course of his judgment the learned magistrate held that the managing director was only a nominee of the ..... these facts held that the expenses incurred in the civil litigation against the banking concern were of revenue nature and were entitled to deduction under section 10 of the indian income-tax act, 1922. as regards expenses incurred in connection with the criminal case the allahabad high court held that in a company, which is formed for business, all its assets ..... that the amount spent by the assessee-firm, which was a registered partnership firm for the defence of one of its partners in a criminal case for alleged contravention of the provisions of the foreign exchange regulation act, 1947, was not deductible under section 10(2)(xv) of the indian income-tax act, 1922, and the fact that the acquittal of the partner was .....

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Sep 10 1973 (HC)

Hayakawa Denki Kogyo Kabushiki Kaisha (Hayakawa Electric Company Ltd) ...

Court : Chennai

Decided on : Sep-10-1973

Reported in : (1974)1MLJ392

..... and they had been importing 'winner' road-grading machines but had been marketing them in australia after replacing the name 'winner' with the name 'champion'. blackadder formed, a partnership with another and got the word 'winner' registered as his own trade mark in respect of machinery of all kinds. the american company which had been supplying road-grading machines ..... the english company did not acquire proprietorship of the mark 'pabalate' because of the circumstances in that case, in the present case there are circumstances to indicate that the indian firm had been using the trade mark 'sharp' claiming proprietary right thereof. as already noted in the case before the chancery division, even though the american company had not ..... the japanese firm. the latter supplied the technical know-how and also the kits for assembling.5. the question for consideration is whether on the above established facts the indian firm is entitled to have the trade mark 'sharp' registered in india in relation to transistor radio sets, radio amplifiers and inter-communication sets. the application for registration ..... kogyo kabushiki 'kaisha (hayakawa electric company limited) doing business at okasa, japan hereinafter referred to as the japanese firm. the indian firm filed an application under the provisions of the trade and merchandise marks act, 1958 (hereinafter referred to as the act) before the assistant registrar of trade marks, madras for registering the word 'sharp' as its trade mark. it was .....

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Sep 12 1973 (HC)

The New India Assurance Co. Ltd. Vs. Radheshyam Motilal Khandelwal and ...

Court : Mumbai

Decided on : Sep-12-1973

Reported in : AIR1974Bom228; 1974MhLJ319

..... m.r. radikar and mr. joshi for negotiating the settlement of the claim.3. the trail court found that the plaintiffs formed a partnership under the india partnership act, that plaintiff no. 1 radheshyam had entered into a contract of insurance of the rice mill with the defendant company. it further held ..... decree for rs. 16,494.80 passed against them in favour of the plaintiffs. the plaintiffs claimed to be partners of a partnership firm carrying on the business of million rice in the mill known as alibhai rice mills at gondia. admittedly, in november, 1959 plaintiff no. ..... is a reasonable provision in a policy of insurance against direct loss to specific property. (see also decisions referred to in mulla's indian contract and specific relief acts, ninth edition, page 295, under the heading 'limitation of time to enforce rights under a contract'). in our view, therefore, condition ..... under the policy should be referred to arbitration. they policy was not signed by both the parties, and having regard to section 27 of the arbitration act, 1889, which defined 'submission' as being a 'written agreement' to submit present or future difference to arbitration, and a 'written agreement' within ..... to forward to the controller of insurance. the almost perfected stage which the insurance business has reached and the statutory requirements of the insurance act clearly point out that an insurer has in his business standard policy are to be incorporated either at the instance of the insurer or .....

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Sep 12 1973 (HC)

Raj Bahadur Bhatnagar Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Sep-12-1973

Reported in : [1975]98ITR382(All)

..... omission or failure to file a return by the assessee.5. in our opinion the circumstance that rs. 13,000 had been introduced in the present partnership by the assesses as his capital was a good reason for making the income-tax officer believe that the amount represented the income of the assessee and ..... the present question referred to this court for opinion.3. the tribunal has held that the circumstance that the assessee had introduced rs. 13,000 in the partnership as his capital was sufficient reason for the income-tax officer to believe that the income of the assessee chargeable to tax had escaped assessment. it further ..... the assessing authority had no rightto change his previous opinion about the non-taxability of the amount andtax the same amount under section 34 of the indian income-tax act, 1922,on a change of his opinion. no case has been cited in which the assessment was made in respect of any assessee for the ..... was of such an amount which was above the minimum non-taxable limit, the assessee had to file a return under section 22(1) of the indian income-tax act, 1922. in case he omits to file such a return it would be a case of omission to file the return. in the case of ..... to the present assessee as an individual under section 147(a) of the income-tax act, 1961, and included in his assessment the sum of rs. 13,000 along with the income got by mm as his share in the partnership. the assessee challenged the order before the appellate assistant commissioner on the ground that .....

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Sep 12 1973 (HC)

Commissioner of Income-tax, Gujarat Ii Vs. Nanalal Tribhovandas and an ...

Court : Gujarat

Decided on : Sep-12-1973

Reported in : [1975]100ITR734(Guj)

..... same two questions have been referred to us in kalidas nanalal's case also to this high court. 5. under section 34 (1) of the indian income-tax act, 1922, if the income-tax officer has reason to believe as set out in clause (a), or has information in his possession as set out ..... of the hindu undivided family prior to the disruption had joined together with effect from april 12, 1948, to form a partnership to conduct the business of the oil mills in partnership and that the business was being carried on in the same name as before, namely, messrs. nanalal tribhovandas. in the ..... income for the three years 1945-46, 1946-47 and 1947-48. he, therefore, issued notices under section 34 of the indian income-tax act, 1922 (hereinafter referred to as 'the act')' for all these three years. these notices were sent and issued by the income-tax officer for all the three years. they ..... upon by mr. kaji in support of his contention that the income-tax officer, after the order of remand of september 12, 1959, could only act within the four corners of the order passed by the appellate assistant commissioner on september 12, 1959. the three authorities which mr. kaji relied upon ..... of any directions given to him by the appellate assistant commissioner. moreover, the appellate assistant commissioner himself had no jurisdiction under section 31 of the act of 1922 to issue directions which went to the extent of conferring jurisdiction upon the income-tax officer when he was not lawfully seized of jurisdiction .....

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Sep 12 1973 (HC)

Badri Pd. and Sons Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Sep-12-1973

Reported in : [1975]98ITR657(All)

..... explain the source of the deposits of rs. 15,000 introduced in the business in the accounting year 1967-68?'2. in the account of the partnership fund, an amount of rs. 10,000 was found credited in the account of smt. indra devi and another amount of rs. 5,000 in ..... . 15 of 1965), permitted the making of voluntary disclosure in respect of the amount representing income chargeable to tax under the indian income-tax act, 1922, or the income-tax act, 1961, for any assessment year commencingon or before the 1st day of april, 1964. on such disclosure being made, the amount ..... was that the amount was disclosed voluntarily and had not already been detected by the department. the declaration and assessment under the finance (no. 2) act of 1965 did not involve any investigation into the correctness of the declaration or any determination that the amount belonged to the declarant.6. the tribunal ..... was to be charged to income-tax in accordance with sub-section (3) of section 24 of the act, taking the disclosed income as the taxable income of the declarant. the voluntary disclosure scheme only permitted the bringing forward of income for being taxed; it ..... scheme. the income-tax officer held that the explanation given by the assessee was not satisfactory within the meaning of section 68 of the income-tax act, 1961.3. the assessee went up in appeal. the appellate assistant commissioner of income-tax held that the acceptance of the disclosure petitions by the .....

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Sep 15 1973 (HC)

The Union of India (Uoi) Vs. A.K. Mathiborwala

Court : Mumbai

Decided on : Sep-15-1973

Reported in : (1974)76BOMLR659

..... that the said information about blacklisting should not be communicated to the said firm.3. the respondents are citizens of india and carry on business in partnership at bombay in the name and style of messrs. v.k. mithiborwala and co. (hereinafter referred to as the firm.) the business of the said ..... cases were decided by division benches and in both of them the petitioners were the same, i.e. a company which was incorporated under the indian companies act, 1913. in the first khosla case a blacklisting order was passed and in the second there was no such direct order but the high court ..... had refused to accept the highest bid made at the auction sale of country liquor shops. the supreme court held that the bihar and orissa excise act (act no. ii of 1915) expressly conferred such power on the government and even apart from that it was open to the government as the owner ..... . this apart, the ministry of works, housing and supply (department of supply) is responsible for keeping an upto date list of blacklisted firms and also acts as the coordinating ministry for purpose of reviewing doubtful or marginal cases of blacklisting orders (see clause (7) of the code). further, it is common ..... the impugned order accepting the bid of a rival contractor violated the provisions of a specific rule framed by the state government under the relevant act which regulated the procedure for granting the exclusive privilege of conducting a ferry in one case and of supplying country liquor in the other. thus .....

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