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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Page 1 of about 37,623 results (0.163 seconds)

Nov 11 2019 (HC)

Veenutha W/O Padmaraj Basti Vs. Smt Phulavati

Court : Karnataka - Dharwad

..... or for the firm in the course of business of the firm; (iii) the 34 good-will of the business. section 15 of the indian partnership act deals with concept of application of the property of the firm. it lays down that property of the firm may be held and used by partners ..... by lrs vs. kulwant singh (2007) 10 scc602and marabasappa (d) by lrs vs. ningappa (2011)9 scc451.23. the expression partnership property has been defined in section 14 of the indian partnership act, 1932 and includes, (i) all the property and interests in property originally brought from stock of the firm; (ii) all property ..... of defendant witness number 2 namely, pruthviraj. the aforesaid witness in paragraph 2 of his examination in chief has stated that aforesaid property belongs to partnership firm namely m/s. yashwant raj and company. it has further been stated by the aforesaid witness that the said property has been purchased ..... case there is ample evidence on record including the admission of defendant number 1 to the effect that his father, prior to constitution of the partnership firm, used to earn and after death of sunanda bai, her properties devolved on late yashwant, which were his self acquired properties. it is ..... which late yashwant upadhye and her brothers namely defendant no.1 and annasaheb were partners. it has further been admitted by her that in the aforesaid partnership, her father namely yashwant upadhye had 10% share and 38 late annasaheb and prakash i.e., defendant no.1, had 40% share each. in .....

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Nov 11 2019 (HC)

Smt Phulavati W/O Manohar Upadhye Vs. Prakash

Court : Karnataka - Dharwad

..... or for the firm in the course of business of the firm; (iii) the 34 good-will of the business. section 15 of the indian partnership act deals with concept of application of the property of the firm. it lays down that property of the firm may be held and used by partners ..... by lrs vs. kulwant singh (2007) 10 scc602and marabasappa (d) by lrs vs. ningappa (2011)9 scc451.23. the expression partnership property has been defined in section 14 of the indian partnership act, 1932 and includes, (i) all the property and interests in property originally brought from stock of the firm; (ii) all property ..... of defendant witness number 2 namely, pruthviraj. the aforesaid witness in paragraph 2 of his examination in chief has stated that aforesaid property belongs to partnership firm namely m/s. yashwant raj and company. it has further been stated by the aforesaid witness that the said property has been purchased ..... case there is ample evidence on record including the admission of defendant number 1 to the effect that his father, prior to constitution of the partnership firm, used to earn and after death of sunanda bai, her properties devolved on late yashwant, which were his self acquired properties. it is ..... which late yashwant upadhye and her brothers namely defendant no.1 and annasaheb were partners. it has further been admitted by her that in the aforesaid partnership, her father namely yashwant upadhye had 10% share and 38 late annasaheb and prakash i.e., defendant no.1, had 40% share each. in .....

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Oct 18 2019 (SC)

s.p.misra Vs. mohd.laiquddin Khan

Court : Supreme Court of India

..... any clauses in the agreement, entered into between the original partners, against the third parties, such clauses will not bind them, such of the clauses in the partnership deed, which run contrary to provisions of indian partnership act, 1932, are void and unenforceable. such clauses are also opposed to public policy.19. in the case of prabhakara adiga v. gowri and others1, on which ..... 12 parties to the contract can be entitled under it or born by it. such principle is known as privity of contract . when the partnership stands dissolved by operation of law under section 42(c) of the indian partnership act, 1932, the question of execution in pursuance of the decree does not arise. there cannot be any contract unilaterally without acceptance and agreement by ..... stands dissolved statutorily, by operation of law, in view of provision under section 42(c) of the indian partnership act, 1932. when the respondents are not parties to the partnership firm, they are not bound by the decree obtained by the predecessor of the appellant. more so, when it is a case of the respondents that they have not derived ..... 10 of 2005, was whether the decree obtained by the predecessor of the appellants, can be executed against the appellants or not. section 42 of the partnership act, 1932, deals with the situations of dissolution of partnership, on happening of certain contingencies. as per the said provision, subject to contract between the partners, a firm is dissolved when: (a) if constituted for a .....

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Oct 04 2019 (SC)

Duncans Industries Ltd. Vs. A.j. Agrochem

Court : Supreme Court of India

..... and bankruptcy fund of india for the purposes specified in the code. 21 4. the code seeks to provide for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest ..... act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act, 2013.5. the code seeks to achieve the above objectives. 26. the ..... preamble of the code states as follows: an act to consolidate and amend the laws relating to reorganisation .....

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Sep 24 2019 (HC)

Sandeep Singh vs.ranjana Gawri

Court : Delhi

..... thus, the respondent has committed forgery.12. also submitted that father of the petitioner expired on 08.07.2014. clause (c) of section 42 of the indian partnership act, 1932 deals with the dissolution of a firm on the happening of certain contingencies and the firm is dissolved by the death of a partner. hence, the ..... to the mediation cell and fixed for further proceedings on 03.07.2018. on the said date, the petitioner showed a copy of deed of dissolution of the partnership concern m/s. h.r. sons dated 10.04.2006 and the matter was fixed for hearing on maintainability on 18.09.2018. however, after framing of ..... no.956138 drawn on punjab national bank, chandni chowk for an amount of ?5,00,000/- dated 01.09.2017. the cheque in question was issued by the partnership concern m/s. h.r. sons and the said cheque was signed by late sh. kulvinder singh.7. as per the case of the respondent, the said ..... partnership concern stood dissolved after the death of his father.13. learned counsel further submits that it is necessary for a fair trial that the petitioner is ..... adopted by the court below is against the law. the court did not give an opportunity to lead evidence nor application under section 145(2) of n.i act was permitted to be moved. the court below has not recorded any statement under section 313 cr.p.c. of the respondent/complainant.14. to strengthen his .....

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Mar 27 2019 (HC)

Indcare&karma vs.north Delhi Municipal Corporation & Anr.

Court : Delhi

..... 1 that the present petition is not maintainable as the petitioner has not shown if it is a registered partnership firm. in absence of such proof and in terms of section 69(3) of the indian partnership act, 1932, the present petition would not be maintainable.8. she further submits that the claim of the ..... has clarified that the arbitral proceedings will not come under the expression other proceedings in section 69(3) of the partnership act, and the ban imposed under the section 69 of the partnership act can have no application to the arbitral proceedings as well as arbitration award.12. as far as the plea of limitation ..... based on section 478(2) of dmc act is concerned, this court by its judgment in well protect manpower services pvt. ltd. v. ..... have considered the submissions made by the learned counsel for the respondent no.1.10. as far as the issue of the petitioner being an unregistered partnership firm, the same is no longer res integra. arb.p. 813/2018 page 3 11. in umesh goel v. himachal pradesh cooperative group housing ..... had terminated the agreement vide letters dated 31.07.2013 and 30.08.2013. in terms of section 478(2) of the delhi municipal corporation act, 1957 (dmc act), the period of limitation for filing a suit would be six months from the date when the cause of action arises. in any case, .....

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Mar 06 2019 (HC)

Amonchit Suriya Kiran & Anr. Vs.national Restaurant & Ors.

Court : Delhi

..... death of shri m.l. behl, only shri baldev behl survives and due to the operation of section 42 of the indian partnership act, 1932 upon the death of one of the partners in a partnership firm comprising of only two partners, the partnership firm automatically dissolves. this is the settled position as held in commissioner of income tax v. seth govindram sugar mills (1965 ..... (os) 349/2018 page 10 of 19 to interpreted without doing violence either the language used or to the said basic principle. section 42(c) of the partnership act can appropriately be applied to a partnership where there are more than two partners. if one of them dies, the firm is dissolved; but if there is a contract to the contrary, the surviving ..... the position of partners immediately upon the death of a partner. the relevant portion of the supreme court judgment reads as under: there is a in fallacy 7. this argument. partnership, under section 4 of the partnership act, is the relation between persons who have agreed to share the profits of a business carried on by all or any of them ..... that pursuant to the wishes of the directions of the deceased partner the surviving partner may enter into a new partnership with the heir of the deceased partner, but that would constitute a new partnership. in this light section 31 of the partnership act falls in line with section 42 thereof. that section only recognizes the validity of a contract between the partners to .....

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Jan 25 2019 (SC)

Swiss Ribbons Pvt. Ltd. Vs. Union of India

Court : Supreme Court of India

..... india for the purposes specified in the code. in completion of insolvency 36 4. the code seeks to provide for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest ..... act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act, 2013.5. the code seeks to achieve the above objectives.? (emphasis in ..... original) 10. the preamble of the code states as follows: ?an act to consolidate and amend the laws relating .....

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Jan 17 2019 (SC)

Indian Hotel and Restaurant Association (Ahar) General Secretary Vs. T ...

Court : Supreme Court of India

..... under these rules, if he,- (i) has attained 21 years of age; (ii) is a citizen of india or a partner of partnership firm registered under the indian partnership act, 1932 or a company registered under the companies act, 1956 or the companies act, 2013; (iii) possess a good character and antecedents and shall not have any history of criminal record in the past: provided that ..... appeals to the prurient interest... . in a way, therefore, section 2(8) incorporates the definition of obscenity as laid down in the ipc which also makes obscene books etc. (section 292 ipc) as well as obscene acts and songs (section 294 ipc) as punishable offences. 8482) concise oxford dictionary (tenth edition, revised) defines the term prurient as under:"prurient adj. having or encouraging an ..... three months. he, thus, argued that such a provision was not only arbitrary and violative of article 14, there was a clear conflict between the central law (i.e. the ipc) and the state act (the impugned act). according to him, in such an eventuality, it is the central law which has to prevail and, therefore, section 8(2) of the ..... complies with the requirements under rules 44 and 45 of the bombay foreign liquor rules, 1953 framed under the provisions of the bombay prohibition act, 1949, the establishment is granted an fl iii licence for sale of indian made foreign liquor (imfl) in the restaurant. further, persons desiring to serve only beer in the restaurant apply for a licence under the special .....

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Jan 14 2019 (HC)

Blueberry Books & Ors vs.bharti Goyal & Anr

Court : Delhi

..... the trade mark for west bengal. in those facts, the issue arose as to whether the suit was barred under section 69(2) of the indian partnership act as the firm was not registered on date when the suit was filed. the court held as follows:-" 9. the question whether section 69(2) ..... & anr., (2000) 3 scc250to contend that the a suit seeking enforcement of statutory rights is not barred under law and section 69(2) of the indian partnership act has no application to such a suit. it is urged that the present suit is for enforcement of statutory rights and hence, the application is misconceived.8 ..... the case of north delhi power ltd. vs. jagdamba gasket (india), 2010 scc online delhi 1898 and the provisions of section 69(2) of the indian partnership act that the present suit is barred by law. cs(os) 1498/2014 page 2 of 10 7. learned counsel appearing for the plaintiffs however relies ..... plaintiffs have nowhere in the plaint asserted that plaintiff no.1 is a registered partnership firm and that plaintiffs no.2 and 3 are the registered partners. reliance is placed on section 69(2) of the indian partnership act to contend that the mandatory provisions of the said section have not been adhered ..... interpreted but that decision, in our view, has no relevance in interpreting the words "arising from a contract" in section 69(2) of the partnership act.11. likewise, if the reliefs of permanent injunction or damages are being claimed on the basis of a registered trade mark and its infringement, the suit .....

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