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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Year: 1973 Page 1 of about 140 results (0.124 seconds)

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 05 1973 (HC)

Smt. Dropadi Devi Vs. Ram Das and ors.

Court : Allahabad

Decided on : Dec-05-1973

Reported in : AIR1974All473

..... any such extension of theka of the defendant-appellant. the plea taken by the defendant that the suit was barred by section 69(2) of the indian partnership act on account of the partnership not being registered was also repelled on the ground that at the time the raja had contracted with ram das there was no ..... with effect from 1-10-1958.8. the last point that was argued by the learned counsel was that the suit was barred by section 69(2) of the partnership act. this plea is based on an allegation made by the plaintiff in para. 6 of the plaint to the effect that the plaintiff no. 1 (ram das) ..... of plaintiff no. 1 alone. so far as ram das is concerned there can be no application of section 69(2) of the partnership act to him on the date of contract when no partnership existed and he alone entered into that contract with the raja.10. we are therefore of the opinion that the decree passed by the ..... to a decision of the madras high court in goverdhandoss v. abdul rahiman (air 1942 mad 634). in this case the following observation made by lindley on partnership at page 350 (edition 10) was approved and followed:'one partner may sue alone on a written contract made with himself if it does not appear from the ..... to collect market dues upon a given piece of land is a benefit to arise out of land within the purview of section 3 of the indian registration act. a lease, therefore, of such right for a period of more than the year must be made by registered instrument. in. section 3 of the registration .....

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Nov 29 1973 (SC)

Qudrat Ullah Vs. Municipal Board, Bareilly

Court : Supreme Court of India

Decided on : Nov-29-1973

Reported in : AIR1974SC396; (1974)1SCC202; [1974]2SCR530; 1974(6)LC237(SC)

..... to any savings which may be made, expressly or by implication, by the repealing enactment (vide halsbury's laws of england, vol. 36 paragraph 714). the u.p. general clauses act (act i of 1904) provides for the consequences of a repeal under section 6, the relevant parts of which may be reproduced here :6. effect of repeal.-where any (uttar pradesh ..... any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or(e) affect any remedy, or any investigation or legal proceeding commenced before the repealing act shall have come into operation in respect of any such right, privilege, obligation, liability; penalty, forfeiture or punishment as aforesaid:and any such remedy may be enforced and any such ..... or past transactions it is this provision that will determine whether the liability arising under the repealed enactment survives or is extinguished. : air1960cal388 . section 6 of the general clauses act applies generally in the absence of a special saving provision in the repealing statut7e, for when there is one then a different intention is indicated. in any case where a ..... would have enjoyed had the repeal not been made. not to affect the previous operation cannot be converted into sanctioning subsequent operation. to read post-mortem operation into a temporary act because of a premature repeal of it is wrong. to adopt the words jagannadhadas, j. in indira sohanlal v. custodian of evacuee property, delhi and ors. : [1955]2scr1117 has .....

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Nov 22 1973 (HC)

Commissioner of Income-tax, Bombay City Ii Vs. Raghavji Anandji and Co ...

Court : Mumbai

Decided on : Nov-22-1973

Reported in : [1975]100ITR246(Bom)

..... state that all contracts between a person a, and a and others would be invalid. reference may be made in this connection to the provisions of section 46 of the indian partnership act, 1932, where a partner may enforce as against the firm of which he is a partner certain contractual rights by means of a suit (without dissolution), whereas other can only ..... accordingly it was invalid. in my view, it would be clearly invalid inasmuch as the plurality of persons necessary to constitute the relationship of partners under section 4 of the indian partnership act, 1932, did not exist in that case.11. very strong reliance was placed by the learned counsel for the revenue on the decision of the privy council in lachhman das ..... authorities, or, if erroneously registered, the registration may be subsequently cancelled by the commissioner under his powers under section 33b of the act. the validity of a partnership would have to be decided with reference to the express provisions of the indian partnership act, and, in a case such as the one before us, with further reference to the principles of hindu law. if it ..... the registration. we have to consider whether that is the correct position in law.10. according to mr. hajarnavis, a partnership is a contractual relationship between persons who have agreed to do certain things as provided for under section 4 of the indian partnership act, 1932. according to him, therefore, if there was such an agreement entered into by vandravan purshottam in his one .....

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Nov 02 1973 (HC)

Bhagwanji Devraj Vs. the Union of India (Uoi) and anr.

Court : Gujarat

Decided on : Nov-02-1973

Reported in : (1975)16GLR357

..... or more partners is joint or several liability of each all of the partners. the analogy advanced by mr. shah clearly militates against the provisions of section 25 of the indian partnership act and cannot, therefore, be accepted.14. the next argument which mr. shah has raised before me is that rule 443 is penal in character and that, therefore, it should be ..... oil mills. that proposition submitted by mr. shah is quite correct. however, the liability of a partner must be determined in light of the provisions of section 25 of the indian partnership act to which i have referred earlier. it may be noted at this stage that the petitioner has not ceased to be a partner of shakti oil mills.13. the next ..... of the telephone installed in the name of the firm. the analogy which mr. shah has given does not hold good on account of provisions of section 25 of the indian partnership act. personal liability of a partner is not the liability of all the partners constituting the firm. what section 25 provides is that the liability of a ..... the privy council in bhagwanji a for goculdas v. alembic chemical works co. ltd. and ors. . it has been laid down by the privy council in that decision that a partnership firm, under the indian partnership act, possesses a distinct personality. that observation has been made by the privy council in the context of change in the constitution of the .....

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Oct 20 1973 (HC)

Additional Commissioner of Income-tax, Kanpur Vs. Uttam Kumar Promod K ...

Court : Allahabad

Decided on : Oct-20-1973

Reported in : [1974]97ITR730(All)

..... thus not parties to this document. in our opinion, the minors cannot be admitted to the benefits of partnership unless they are parties to the agreement through their guardians. section 30(1) of the indian partnership act says that a minor may not be a partner in a firm, but, with the consent of all the ..... partners for the time being, he may be admitted to the benefits of partnership. sub-section (5) of the section provides that a minor ..... losses.'the supreme court further observed :'it follows from the above discussion that as long as a partnership deed does not make a minor full partner, a partnership deed cannot be regarded as invalid on the ground that ..... full partners or does it only confer benefits of partnership on them ?(2) is any clause of the deed void ?'the observation of the supreme court is in the following terms :'first it is clear from sub-section (2) of section 30 of the partnership act that a minor cannot be made liable for ..... partners. in our opinion, any agreement in which the minors are not parties cannot be validly made to admit the minors to the benefits of partnership under section 30 of the act. the same view was taken by this court in hardutt ray gajadhar ram v. commissioner of income-tax [[1950] 18 i.t.r. .....

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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 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 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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Aug 22 1973 (SC)

Sohan Lal and ors. Vs. AmIn Chand and Sons and ors.

Court : Supreme Court of India

Decided on : Aug-22-1973

Reported in : AIR1973SC2572; (1973)2SCC608; [1974]1SCR453; 1973(5)LC872(SC)

..... in his legal representatives continuing the suits. counsel argued that under section 43 of the indian partnerships act, it, was open to bakshi ram to dissolve the partnerships by giving notice to the other partners as the partnerships were partnerships at will arid that clauses 14 and 15 of the partnership agreement have nothing to do with the competency of one of the partners to dissolve the ..... .20. counsel for the appellants relied on the ruling in clive mills ltd. v. swalal jain : air1957cal692 . and submitted that there are material differences between the english arbitration act and the indian arbitration act and therefore the decision of the house of lords might not be a safe guide.' we do not think that there is any material difference in the language of ..... these persons as carrying on business in the names of the firms.4. order 30 rule 4 of the civil procedure code provides that notwithstanding anything contained in section 45 of the indian contract act, 1872, two or more persons may sue or be sued in the name of a firm under the foregoing provisions and if any of such persons dies, whether before ..... for rendition of accounts against the other two partners in the subordinate judge's court at jullundur. the defendants in the suits filed applications under section 34 of the indian arbitration act for stay of the trial of the suits on the ground that the court had no jurisdiction to proceed with the trial in view of the clause for arbitration in .....

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Aug 10 1973 (HC)

United Hardwares Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Aug-10-1973

Reported in : [1974]96ITR348(Ker)

..... that judgment. we shall extract a paragraph from that judgment :' the question is not whether there is any rule of law discernible either from section 13(b) of the indian partnership act, 1932, or from any general principle from which it is possible to discern the proportion in which the losses should be shared but as to whether section 184 insists ..... partners to third parties '. though the wording in clause 15 of the partnership deed is not very clear as to what are the provisions of the indian partnership act that are intended to be made applicable it may not be unreasonable to construe that clause to refer to chapters iii and iv of ..... avaran koya. 25% ............................. 15. in matters wherein no specific mention is made hereunder, the provisions of the indian partnership act, 1932, shall prevail with respect to the relationship between the partners and the firm and third parties.' 3. chapter iii of the indian partnership act, 1932 (for short ' the act ') deals with ' relations of partners to one another ' and chapter iv thereof deals with ' relations of ..... the partnership act. so construed, the provisions in the act dealing with 'relations of partners to one another' will be attracted. the provisions in section .....

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Aug 03 1973 (HC)

Prem Ratan Mal Vs. Assistant Commissioner of Sales Tax, Ganjam Range a ...

Court : Orissa

Decided on : Aug-03-1973

Reported in : 39(1973)CLT1025; [1974]33STC316(Orissa)

..... petitioner is a firm registered under the indian partnership act and is a dealer in petrol, high speed diesel and light diesel products and kerosene oil. it receives supplies from the indian oil corporation and has been registered as a wholesale distributor under the orissa motor spirit (taxation on sales) act, 1946 (hereinafter referred to as the act). a certificate of registration under section ..... proceeding. it is in the nature of a penal provision. a registration granted to the petitioner is being cancelled. therefore, the ordinary law has to apply. the evidence act must be followed and the consequence being very serious the petitioner must be given reasonable opportunity of placing the materials before the appropriate authority. it is interesting to note ..... assistant commercial tax officer, intelligence wing, berhampur (opposite party no. 4 in the writ application) being lawfully empowered under section 15 of the orissa motor spirit (taxation on sales) act, 1946, read with rule 33 of the orissa motor spirit (taxation on sales) rules, 1947, to enter, search, seize and inspect the stock of motor spirit and any accounts ..... 7 of the act had been granted to it. on 16th june, 1970, an assistant .....

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