Skip to content


Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Page 1 of about 35,972 results (0.108 seconds)

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Sep 22 2017 (HC)

Chiranjilal Bajoria and Ors. Vs. Sudhir Jalan and Ors.

Court : Kolkata

..... the hon ble supreme court in addanki narayanappa and anr v. bhaskara krishnappa and ors.reported at air1966sc1300in which sections 14,15, 29, 32, 37, 38 and 48 of the indian partnership act were elaborately discussed. it is submitted that in the said decision it has been clearly stated that whatever may be the character of the property which is brought in by ..... interfere with the surviving partner s right to deal with and dispose of any such assets in the purpose of realisation. mr.mitra has referred to section 37 of the indian partnership act, 1932 and submits that if at the trial it is established that notwithstanding the death of deokinandan jalan, the surviving or continuing partners carry on the business of the firm ..... the partners constituting the firm. a firm under the general law has no distinct legal entity and has no legal existence of its own. section 5 of the indian partnership act recognizes that the relation of partnership arises from contract and not from statute. it arises only from a voluntary agreement and is not created by statute or obtained by birth. there are few ..... compensation and from the bihar government on the accounts being settled and upon discharge of the liabilities. this relief is based on section 46 of the indian partnership act, 1932. it is submitted that section 46 recognised that even a representative of the deceased partners will have the right to have the property of the firm applied in payment .....

Tag this Judgment!

Sep 05 2017 (HC)

Sesa International Limited Vs. Avani Projects and Infrastructure Limit ...

Court : Kolkata

..... does not convert the relationship between the parties as anything other than the relationship between the partners.the question is whether a single venture agreement can be a partnership. section 8 of the indian partnership act deals with such a situation. section 8 makes it clear that a person may become a partner with any person in particular adventure or undertaking. therefore, the term ..... is clear that the said agreement demonstrates the relationship between the persons who have agreed to share the profits of a business. if the definition of the partnership as given under section 4 of the indian partnership act is analysed, it will be clear that it has three components: a) agreement must be entered into by all persons; b) agreement must be to ..... ltd.versus cityscape developers pvt.ltd., a.p.no.237 of 1998. mr.mitra has relied upon the following passages from the said decision in support of his submission:- partnership has been defined under section 4 of the indian partnership act as the relation between persons who have agreed to share the profits of a business carried on by all or any of them ..... business, which has been used in section 4 of the said indian partnership act, may consist of even a single commercial adventure on which the parties may embark. such instances of a particular partnership may take various forms including the development of a parcel of land. (see the judgment of the division bench of the .....

Tag this Judgment!

Aug 31 2017 (SC)

M/S. Innoventive Industries Ltd Vs. Icici Bank

Court : Supreme Court of India

..... indian partnership act, 1932, the central excise act, 1944, customs act, 1962, 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 ..... , assuming that it was probably intended to leave it unaltered... by from inquiring how the we must therefore construe the provisions of the indian forming a code income-tax act as 93 complete in itself and exhaustive of the matters dealt with therein, and ascertain what their true scope is. (at page585) similarly ..... of u.p. [(1957) scr423 where this court was considering the question of the inconsistency between the two central enactments, namely, the indian penal code and the prevention of corruption act held that there was no inconsistency and observed as follows:- it seems to us, therefore, that the two offences are distinct and .....

Tag this Judgment!

Aug 30 2017 (HC)

Sanjay Singh and Anr. Vs. Hindustan Unilever Limited

Court : Kolkata

..... these facets need detailed enquiry and evidence. it is unregistered till this date in view of the disputes between the parties. the submission revolving around section 69 (2) of the indian partnership act cannot be the foundation to reject the plaint, in the present stage. (10) i have considered the respective contentions of the parties. (11) it is an undisputed fact that sanjay ..... bricks. production of fly ash bricks was contemplated under the contract and the claim arises out of the contract. therefore, the suit is barred under sec. 69(2) of the indian partnership act, 1932 and the submissions including the cases cited by the plaintiff-respondent cannot be accepted. the plea of statutory right taken by the plaintiff is not applicable in view of ..... defendant. the plaintiffs have instituted the suit as partners of the said firm. however, the said firm is unregistered. hence, the suit is barred under sec. 69(2) of the indian partnership act, 1932 (in short ipa ) which bars a suit on behalf of a firm against any third party to enforce a contractual right unless the firm is registered and the persons ..... products of the defendant only inasmuch as the application was also in respect of dets , an abbreviation for detergents. . (14) the plaintiffs in the name of the said partnership firm continued to act as redistribution stockist of the defendant in respect of detergent products. (45j.in the premises aforesaid, by reason of the wrongful termination of the contract and/or wrongful and .....

Tag this Judgment!

Apr 27 2017 (HC)

Monojit Das Vs. Sujit Roy Chowdhury and Anr.

Court : Kolkata

..... of the petitioner issued under section 43 of the indian partnership act, 1932; (vii) whether the respondents are liable to pay the ..... the respondent no.2 & 3 have carried on the business of partnership keeping him in the dark and have misappropriated partnership funds. he, treating the partnership as one at will, issued a notice on 22nd november, 2016 under section 43 of the indian partnership act, dissolving the partnership. the partnership agreements between the parties contain an arbitration clause, clause-36 which is ..... the respondents have done an illegality allegedly expelling the petitioner from the partnership firm; (v) whether the alleged expulsion of the petitioner from the firm is violative to clause 27 of the deed of partnership and section 33 of the indian partnership act, 1932; (vi) whether the partnership firm has been dissolved on delivery of notice dated 22.11.2016 ..... follows: 36. arbitration clause:- that in case of dispute arising between the partners regarding the partnership business as the same shall be referred to the arbitration as stipulated .....

Tag this Judgment!

Feb 03 2017 (HC)

A.G. Sekaran Vs. M/s. Essaargee Fibro Industries and Others

Court : Chennai

..... 3 are not personally liable under the above said letter of promise, it could be see that the suit laid by the plaintiff is hit by section 69 of the indian partnership act, 1932. accordingly, the substantial questions of law formulated in this second appeal are answered against the plaintiff and in favour of the defendants. in conclusion, the second appeal fails and ..... erstwhile partner of the first defendant firm and the same is also indicated in the letter of promise, the suit is maintainable and not barred under section 69 of the indian partnership act, 1932 and in this connection, he relied on the decision reported in(2004) 13 scc 358 (bhartesh chandra jain vs. shoiab ullah and others). however, as rightly put forth by ..... has given up the first defendant only to set at naught the rigour of the defence of maintainability of the suit raised by the defendants under section 69 of the indian partnerships act, 1932 by misusing the judicial process. 10. the plaintiff's counsel further contended that inasmuch as the plaintiff has sought the recovery of money in lieu of his capital, share ..... first defendant, without effecting consequential amendment of the plaint pleadings. when the defendants have in their written statement specifically pleaded that the suit is hit by section 69 of the indian partnership act, 1932, the plaintiff on giving up his case as against the first defendant, should have given due notice of the same to all the defendants. the plaintiff seems to have .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //