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!
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!
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!
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!
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!
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!
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!
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!
Court : Chennai Madurai
..... rights of the retiring partners in the firm were alone released and it can never be construed to be a conveyance deed. under the indian partnership act, 1932 all the properties are vested with the firm and they cannot be construed to be personal property of the individual partners. section 55.d(ii ..... the assistant executive engineer, madurai to value the properties for proper registration since the subject document is a release deed under section 55-c of the indian stamp act, 1899. when the order in appeal was passed, it was observed that the release deed has been executed under section 55.d(ii) for 3 ..... the value of three shares out of eight shares has to be calculated for the purpose of levying stamp duty under section 55-d of the indian stamp act, 1899. pursuant to the order of the first respondent, the second respondent had passed a revised order dated 31.07.2013 whereby the deficit ..... said document dated 23.10.2008 as a conveyance deed. aggrieved against the same, the petitioner had preferred an appeal under section 56(1) of the indian stamp act, 1899 before the first respondent. the said appeal was partly allowed on 10.05.2013 by setting aside the proceedings of the second respondent. however, ..... ) of the indian stamp act, 1899 deals with the release of right in favour of a partner, when such release is between the partners who are not family members. .....Tag this Judgment!
Court : Chennai
..... memorandum of understanding by both the parties, directed the assets to be sold in auction between the partners after dissolution of the firm under sections 46 and 48 of the indian partnership act. therefore, the above contention of the learned counsel appearing for the appellant is not sustainable and the said decision is also not applicable to the facts of this case. 19 ..... the business for six months till the prospective buyer is found out. the learned arbitrator after analysing the terms of the contract and the relevant provisions of the indian partnership act, 1932 held that the partnership assets of only two partners stood dissolved on the retirement of one of the partners in the light of the legal and factual position stated therein. 10. the ..... and to settle the accounts of the firm between the parties in terms of sections 46 and 48 of the indian partnership act, 1932. the learned arbitrator has further ordered that the assets of the partnership firm is to be sold to the highest bidder in the auction to be held between the appellant and the first respondent and the successful bidder is permitted ..... . no doubt, interim order was passed in the o.p filed under section 34 of the arbitration and conciliation act, 1996, appointing a chartered engineer to value the assets of the partnership firm and he also filed the report, dated 24.06.2014. taking advantage of the interim order passed by the learned single judge and the .....Tag this Judgment!