Court : Kolkata
Decided on : Sep-22-2017
..... 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
Decided on : Sep-05-2017
..... 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
Decided on : Aug-31-2017
..... 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
Decided on : Aug-30-2017
..... 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
Decided on : Apr-27-2017
..... 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
Decided on : Feb-03-2017
..... 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 : Jharkhand
Decided on : Nov-21-2017
..... has been passed by the director general of police, jharkhand, ranchi. it is the case of the petitioner that the petitioner had a registered partnership firm namely m/s. dinesh kumar nag under class ii contractor in the road construction department, government of jharkhand. the petitioner had claimed to ..... sections 147, 148, 149, 341, 342, 323, 506, 379, 435, 427, 353, 307 of the indian penal code, section 27 of the arms act and section 17 of the criminal law amendment act in which the petitioner was arrested on 27.01.2017. the petitioner claims that on account of a clipping in ..... and to fill up the lacuna subsequently which is apparent in view of the first supplementary counter affidavit filed by the state, the state has acted thus and the same should be condemned. learned counsel further submits that on the face of second counter affidavit the order of the director ..... further pointed out that a designated authority is defined in section 2(e) of the act but concerned principal secretary being not designated by the state government he was not authorized to either confirm or revoke any order of attachment. pursuant ..... management, government of jharkhand, ranchi. it has been stated that the statutory period of sixty days in terms of section 25(3) of the act for either confirming or revoking the order of attachment was not passed and, therefore, the order of attachment itself has become redundant. learned counsel has .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-18-2017
..... title deeds in the presence of the branch manager/divisional manager and two other employees of the bank. (b) where the property belongs to a partnership firm, all the partners must call at the branch for the purpose. however, if any one or more of the partners cannot call at the ..... upon to do so. it requires to be stamped under article 6 of schedule 1 of the indian stamp 5 act or the corresponding article of the state stamp (amendment) act, and must be registered under the indian registration act. iv. 3.4.6 while creating an equitable mortgage by deposit of title deeds, the following ..... tiwari, learned special judge, cbi cases, ranchi, on 17.05.2016 has taken cognizance of the offence under the aforesaid sections of the ipc and p.c. act.7. on the other hand, learned counsel for the cbi appeared in this case and he has filed counter-affidavit and during course of arguments ..... above panel advocates including the petitioner. on the basis of the aforesaid allegations, the instant fir has been lodged under the aforesaid sections of the indian penal code.4. counsel for the petitioner while pressing bail application, submitted that the only allegation levelled as against the petitioner is that he has ..... fir no.rc0932014s0012 (dated 28.07.2014) of cbi, eow, ranchi, initially registered under sections 120b read with sections 420, 468 and 471 of the indian penal code lodged on the basis of one complaint filed by shri neeraj raja singh, chief manager, state bank of india, sme branch, city centre, .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-18-2017
..... deeds in the presence of 5 the branch manager/divisional manager and two other employees of the bank. (ii) where the property belongs to a partnership firm, all the partners must call at the branch for the purpose. however, if any one or more of the partners cannot call at the ..... called upon to do so. it requires to be stamped under article 6 of schedule 1 of the indian stamp act or the corresponding article of the state stamp (amendment) act, and must be registered under the indian registration act. iv. 3.4.6 while creating an equitable mortgage by deposit of title deeds, the following ..... k. tiwari, learned special judge, cbi cases, ranchi, on 17.05.2016 has taken cognizance of the offence under the aforesaid sections of the ipc and p.c. act.7. he submits that as the trial will take some time, the petitioner be enlarged on anticipatory bail.8. on the other hand, learned ..... above panel advocates including the petitioner. on the basis of the aforesaid allegations, the instant fir has been lodged under the aforesaid sections of the indian penal code. 3 4. counsel for the petitioner while pressing bail application, submitted that the only allegation levelled as against the petitioner is that he ..... fir no.rc0932014s0011 (dated 28.07.2014) of cbi, eow, ranchi, initially registered under sections 120b read with sections 420, 468 and 471 of the indian penal code lodged on the basis of one complaint filed by neeraj raja singh, chief manager, state bank of india, sme branch, city centre, sector-iv .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-14-2017
..... issue noted in the impugned order, learned senior advocate for the petitioners had submitted that, a partner of the firm had brought in capital to the partnership firm. such partner is a non-resident indian. the income tax authority including the settlement commission has no business to look into the source of fund of the nri partner. the settlement commission ought ..... had found the requirements of the provisions of section 245c to be fulfilled. the application for settlement was allowed to be proceeded with under section 245d(1) of the act for the three assessment years concerned. the principal commissioner was required to submit a report under section 245d(2b) to the settlement commission. the principal commissioner had submitted a ..... november 25, 2016 which was not disclosed to the petitioners at the material point of time. since the settlement commission is required to form an opinion as envisaged in the act and the settlement commission not having done so, the settlement commission has failed to exercise jurisdiction vested upon it in law. the settlement commission, therefore, misconducted the proceedings ..... according to him, the decision making process of the settlement commission stands vitiated as the settlement commission did not adhere to the provisions of chapter xixa of the income tax act, 1961. he has referred to the four orders passed by the settlement commission in the settlement proceedings. referring to the firs.order dated september 15, 2015 of the settlement .....Tag this Judgment!