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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1973 Page 8 of about 140 results (0.156 seconds)

Dec 06 1973 (HC)

Vinodkumar Ratilal Vs. Commissioner of Income-tax, Gujrat Ii

Court : Gujarat

Decided on : Dec-06-1973

Reported in : [1975]100ITR564(Guj)

..... the assessee. it is clear from the facts stated by the tribunal that it was by the virtue of the provisions of section 42 of the partnership act that the firm was dissolved on the death of ratilal ranchhoddas, the deceased-assessee. there was no clause in the ..... 'husband' should not be given its true natural meaning.' 22. in view of this decision of the supreme court it is clear that for the purposes of the indian income-tax act, 1922, we have to proceed upon the footing that the word 'wife' or the word 'husband' or the word 'spouse' for the matter of that occurring ..... k. das j., delivering the judgment of the supreme court, observed : 'now, it is quite clear to us that the treatment of husband and wife in the indian income-tax act, 1922, does not rest on the view that any income enjoyed by one spouse is a benefit to the other spouse; for sub-section (3) of section ..... in commissioner of income-tax v. sodra devi the supreme court had held that the only intention of the legislature in enacting section 16 (3) of the indian income-tax act, 1922, was to include the income derived by the wife or a minor child in the computation of the total income of the husband or the father, ..... so transferred which arose to the assessee's wife could be included in the total income of the assessee under section 16 (3) (a) (iii) of the indian income-tax act, 1922. on these facts the supreme court laid down two principles. while interpreting the provision of section 16 (3), s. k. das j., delivering the judgment .....

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Dec 07 1973 (SC)

Jamuna Chaudhary and ors. Vs. State of Bihar

Court : Supreme Court of India

Decided on : Dec-07-1973

Reported in : AIR1974SC1822; 1974CriLJ890; (1974)3SCC774; [1974]2SCR609

..... entitled to the benefit of doubt so far as this injury to laldhari is concerned. we have also come to the conclusion that the injured witnesses, who have given specific acts of accused who struck them, could be relied upon to convict particular accused persons. this is the test which the trial court had correctly employed against individual accused persons. we ..... up for trial before the additional sessions' judge of chapra on charges under sections 147, 148, 323, 325, 326, 302/34, 302/149, indian penal code. the appellant jamuna chaudhary was also charged separately under section 302 indian penal code. the prosecution case may be stated as follows : on 15-7-1965 at about 8 a.m. dukhharan koeri, p.w. 22 .....

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Dec 13 1973 (HC)

In Re: Dhanalal Karnawat and anr.

Court : Kolkata

Decided on : Dec-13-1973

Reported in : AIR1975Cal67

..... conditions inter alia as contained in paragraph 19 of the petition.4. the instant application has been made by one vijoy laxmi brothers, a registered partnership firm with whom it is alleged that the trustees had already and prior to the proposed lease in favour of sumanlal parekh and others entered into an ..... to grant long term lease of the said property no. 48, sir hariram goenka street. calcutta. the application was made under section 34 of the indian trusts act. 1882 and after hearing the attorney for the said applicants order was made by me granting leave to the trustees to grant lease of no. 48, ..... in a case reported in air 1941 all 387, the bench decision presided over by the chief justice iqbal ahmad has been that though the indian trusts act does not apply to [public or private religious charitable endowments, but nevertheless the principles underlying the sections served as useful guide. the sections mentioned ..... in the said case were of course sections 44 and 76 of the indian trusts act.7. it does not seem to me that by the mention of section 34 of the indian trusts act in the cause title of the said application any injustice has been done by the said order ..... court had no jurisdiction to pass an order under the same.6. the provisions of section 34 of the indian trusts act are similar to those of section 7 of the charitable and religious trusts act. the impugned order was made on llth april, 1973 on the application where in the cause title mention .....

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Dec 18 1973 (HC)

Chhotalal and Co. Vs. Income-tax Officer, Morvi and ors.

Court : Gujarat

Decided on : Dec-18-1973

Reported in : [1976]105ITR230(Guj)

..... short facts giving rise to these three petitions are as follows. the partnership firm is carrying on its business at morvi in rajkot district. all the partners of the partnership firm are indian citizens. the firm is registered under the provisions of the indian partnership act. the firm maintains its books of account on mercantile basis and ..... has adopted samvat year as its accounting year. the relavent assessment year was 1967-68, the accoounting year being samvat year 2022. the registered firm is an assessee under the income-tax act and it being ..... 1967-68. for the relevant assessment year 1967-68 the return of income under section 139(1) of the income-tax act had to be furnished before june 30, 1967. the partnership firm did not make any application to the first respondent for extension of time but under section 139(4) of the ..... applications by this common judgment. the petitioner is special civil application no. 294 of 1972 is a partnership firm which has been registered with the income-tax authorities in accordances with the provision of the act. the petitioners in special civil applications no. 655 of 1972 and 1112 of 1972 are partners ..... act, the partnership firm filed the return and applied for extension of time before the assessment was made and it was done within .....

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Dec 22 1973 (HC)

The Commissioner of Income-tax Vs. Mukandas Vishnukumar

Court : Rajasthan

Decided on : Dec-22-1973

Reported in : 1973(6)WLN649

..... had dividends and speculative business. their income exceeded the minimum limit for the purposes of section 18a(3) of the indian income tax act, 1922 (hereinafter called 'the old act') and because as the assessees failed to comply with the said provisions and did not submit, the estimate of advance tax ..... is completed on or after the 1st day of april. 1962 may be initiated and any such penalty may be imposed under this act (new act) in our opinion once the challenge of discriminaton in regard to section 297(2)(g) is repelled as was done by this court ..... and subsequently by the supreme court the language of this section clearly provides that the new act will apply in regard to the imposition of penalty in respect of any proceeding of any assessment which is completed on or after the ..... income tax appellate tribunal, bench 'b' by its order dated march 21, 1969. has referred under section 256(1) of the income tax act, 1961, the following question for answer, namely:whether on the facts and in the circumstances of the case, the tribunal was right in holding that ..... act, 1922 2. the circumstances, which it is necessary to notice for the disposal of this reference, briefly stated are these: gokuldas, pradeepkumar and mukandas vishnukumar, the two hindu undivided families, came into existence as a result of partial partition of the bigger hindu undivided family of seth thakurdas khivraj. the business of seth thakurdas khivraj was taken over by a partnership .....

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Jul 24 1973 (SC)

Municipal Council, Bhopal Vs. Sindhi Sahiti Multipurpose Transport Co- ...

Court : Supreme Court of India

Decided on : Jul-24-1973

Reported in : AIR1973SC2420; 1974MPLJ362(SC); (1973)2SCC478; [1974]1SCR274

..... up in a conspicuous part thereof.explanation : a cart stand shall be for the purposes of this act includes a stand for carriages including motor vehicles within the meaning of the indian motor vehicles act, 1914 and animals.270-c. where a municipal council has provided a public landing place, halting place ..... as halting places. such a power must be specifically given. compare this section with sections 270-b and 270-c of the madras district municipalities act, 1920, which read as follows :270-b. (1) the municipal council may construct or provide and maintain public landing places, halting places and ..... for any purpose. it deals with levy of fees for permissions which are required to be taken for various purposes under other sections of the act. section 187(3) which deals with permission to erect, alter, add to or reconstruct buildings and section 194 which deals with permission to ..... case. the relevant portion of that section reads :the council may charge such fee as may be prescribed... for any permission granted under this act... for the temporary occupation of... any land... belonging to the council.the section itself does not enable the municipal council to require that permission ..... for-(1)...(7) public, health, safety, nuisance and sanitation-(f) prohibiting or regulating with a view to sanitation or the prevention of disease, any act which occasions or which is likely to occasion a public nuisance and for the prohibition or regulation of which no provision is made under this heading; .....

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Jul 26 1973 (HC)

Maxhemeijer Jr. (India) Private Limited, Represented by Its Managing D ...

Court : Chennai

Decided on : Jul-26-1973

Reported in : (1974)1MLJ455

..... w. 1 stated that they were taken by the sales tax authorities as well as income-tax authorities towards the moneys due to them, by the partnership. therefore, in this case even the evidence let in on behalf of the first respondent clearly establishes that in addition to the first respondent herein, ..... his evidence admitted that he took out execution proceedings against other properties and no amount could be recovered as they had gone away to the south indian bank and other creditors. similarly with regard to certain other moneys deposited in the court which the first respondent sought to attach in execution of ..... accept this argument. we have already indicated that the plaint itself does not contain any indication that it was one instituted under section 53 of the act. only if the plaint was purported to have been instituted under that section, there would be an opportunity for the defendant to put forward a ..... were merely obiter. therefore we are clearly of the opinion that the suit in so far as it purports to be one under section 53 of the act cannot be maintained and it is liable to be dismissed.5. as far as the representative character of the suit is concerned, mr. ahmed meeran, contended ..... 'to defeat or delay the creditors' and not 'to defeat or delay the creditor'. consequently, in a suit instituted under section 53 of the act, the plaintiff must plead and prove that the transfer which is impugned by the plaintiff was effected with the intention to defeat or delay the creditors of .....

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Jul 30 1973 (HC)

R.M. Ramanathan Chettiar and anr. Vs. Controller of Estate Duty

Court : Chennai

Decided on : Jul-30-1973

Reported in : [1975]99ITR410(Mad)

..... , but by the very intention of the parties to treat such property belonging to one or more of the members of the partnership as that of the firm. the learned judges in that case referred to section 14 of the indian partnership act in support of the said view. section 14 states that ' theproperty of the firm includes all property and rights and interests ..... of this court took the view that no document is necessary when a partner brings into the partnership some of his assets with an intention to treat the same as partnership assets, that by virtue of section 14 of the partnership act, property could be thrown into the partnership stock without any formal document, so as to make it the property of the firm. the ..... contention of the assessee that unless there is a document of transfer, the immovable properties in question cannot be treated as partnership assets, cannot, therefore, be accepted. 6. if the immovable ..... the share of the deceased in the foreign immovable properties. the contention of the assessee was that the share of the deceased in the partnership should have been exempted from duty under section 21(1)(a) of the act and that the rule 7(c) of the estate duty rules, 1953, which has been invoked in this case by the assistant controller .....

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Aug 01 1973 (HC)

Govindlal Bhikulal Maheshwari and ors. Vs. Firm Thakurdas Bhallabhadas ...

Court : Mumbai

Decided on : Aug-01-1973

Reported in : AIR1974Bom164; 1974MhLJ106

..... no. 2 who constituted a joint family trading firm of the name bhikulal madan mohan and that the suit was not barred under section 69 of the partnership act as the joint family firm did not require registration. the trial court accepted the case of the defendant no. 1 that he had paid the amount ..... (cir sup.) which was approved by the two court of chancery in (1901) 2 ch 160 in our view, there is a marked difference between the indian law and the english law so far as it deals with joint debtors or joint creditors. under the english law, the release of one of the debtors has ..... he was in law entitled to give a valid discharge to the defendant no. 1. the learned counsel relied on the provisions of section 38 of the indian contract act and the full bench decision of the madras high court in annapurnamma v. akkayya ilr(1913) mad 544 in which it was held, white, c.j ..... released form responsibility to the other joint promisor or promisors. the rule of survivorship is not recognised under the indian contract act as is clear from the provisions of section 42 and 44. so far as the indian law is concerned, the position is that in the case of a debt held by two joint creditors, ..... been placed, it would be proper to refer to the provisions of sections 38 and 45 of the indian contract act. according to the learned counsel for the defendant no.1, section 38 of the contract act clearly indicated that where there are several joint promises would be sufficient to discharge the promisor from the liability .....

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Aug 01 1973 (HC)

Controller of Estate Duty Vs. Shri Ved Parkash Jain

Court : Punjab and Haryana

Decided on : Aug-01-1973

Reported in : [1974]96ITR303(P& H)

..... be taken. the whole concept of partnership is to embark upon a joint venture and for that purpose to bring in as capital money or even property including immovable property. once ..... their lordships have described the nature of interest of a partner during the subsistence of a partnership and after its dissolution and the relevant observations read as under : ' from a perusal of these provisions it would be abundantly clear that whatever may be the character of the ..... court. 5. the answer to the question posed by the tribunal would not present much difficulty if we first find out the nature of interest of a partner in the partnership property and for that purpose reference may be made to the decision of the supreme court in addanki naryanappa v. bhaskara krishnappa, a.i.r. 1966 s.c. 1300 wherein ..... money, and all the partnership debts and liabilities have been paid and discharged. this it is, and this only which on the death of a partner passes to his representatives, or to a legatee of his share.........and which on hisbankruptcy passes to his trustee.'...... it seems to us that looking to the scheme of the indian act no other view can reasonably .....

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