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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Year: 2018 Page 1 of about 21 results (0.105 seconds)

May 02 2018 (SC)

Purushottam S/O Tulsiram Badwaik Vs. Anil .

Court : Supreme Court of India

Decided on : May-02-2018

..... view that the relevant clause indicated agreement between the parties to refer the disputes to arbitration as per provisions of the indian arbitration act, 1940, (1940 act, for short) although the partnership agreement was entered into much after the enactment of 1996 act. relying on portion of para 35 of the decision of this court in thyssen stahlunion gmbh v. steel authority of ..... that in case of any dispute between the partners as regards interpretation of this deed or any other matter connected with the partnership business, the same shall be referred to for arbitration in accordance with the provisions of indian arbitration act, 1940, and the decision of the arbitrator shall be final and binding on all the partners. 4. the appellant had also ..... below were justified in rejecting the submissions advanced by the appellant.8. in the present case though the partnership agreement was entered into after 1996 act had come into force, the relevant clause made reference to arbitration in accordance with the provisions of indian arbitration act, 1940 . it is not the case of the respondent that the agreement between the parties suffered from ..... and dismissed said civil revision by its judgment under appeal.6. in support of this appeal, mr. chirag m. shroff, learned advocate submitted :- (a) the reference to the 1940 act in the partnership deed dated 09.11.2005 has to be necessarily referred to arbitration process, as prevalent on the date of signing of the agreement. (b) the mention of 1940 .....

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Feb 23 2018 (SC)

Centre for Public Interest Litigation Vs. u.o.i

Court : Supreme Court of India

Decided on : Feb-23-2018

..... termed as investment even though the remittances are claimed to be interest free loans to partners. the amount could also be for taking over an indian chartered accountancy firm. relationship of partnership firms, though having indian partners, operating under a common brand name from same infrastructure, with foreign entity is not ruled out. it is not possible to rule out ..... there is a compliance by mafs only in form and not in substance, by having got registered partnership firms with the indian partners, the real beneficiaries of transacting the business of chartered accountancy remain the companies of the foreign entities. the partnership firms are merely a face to defy the law. the principle of lifting the corporate veil has to ..... violation of fdi policies, fema regulations and the ca act. thus, appropriate action may have to be taken in pending proceedings or initiated at appropriate forum.46. ..... firms & indian cas internationality; perspective of the government, corporate world and regulatory bodies and role of icai in shaping the view; introduction of joint audit system; recognition of qualifications under clause (4) of part i of the first schedule to the chartered accountants act, 1949 for the purpose of promoting partnership with any persons other than the ca in .....

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Jan 10 2018 (HC)

Trilok Singh Vs. The State of Jharkhand and Anr

Court : Jharkhand

Decided on : Jan-10-2018

..... complainant and his wife in absence of any document /written evidence in terms of section 91 of the evidence act as the complainant had failed to produce proof of any of the partnership deed though as per his own admission, all the original partners were alive and available. the element of ..... learned trial court proceeded to analyze the material evidence on record in order to come to a finding, whether the ingredients of the section 420 of the indian penal code are made out beyond the shadow of the reasonable doubts. the ingredients of section 420 requires: (i) dishonest deception by the accused. ..... in furtherance of their common intention cheated the complainant by forging documents. the learned trial court proceeded to frame the charges u/s 420 of the indian penal code on 02.04.2009 against the sole accused, who pleaded not guilty on being explained. after closure of the prosecution evidence, the statement ..... filed by the petitioner/complainant after holding inquiry under section 202 of the criminal procedure code in terms of section 420/409/467/468/471 of the indian penal code against the accused. the complainant alleged that he along with accused and others were partner of m/s jhanda singh and company ..... in complaint case no. 96/2007 whereunder the sole accused/opposite party no. 2 has been acquitted of the charges under section 420 of the indian penal code is suffering from a delay of 69 days. however, we have heard learned counsel for the petitioner at length on the grounds of .....

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Nov 20 2018 (HC)

Smt. Anusha N Vs. Union of India

Court : Karnataka

Decided on : Nov-20-2018

..... proceedings are pending consideration/disposed of relating to the disputes raised under the provisions of the protection of women from domestic violence act, 2005, sections 498-a, 506, 504, 420 of ipc etc., w.p.nos.44038-44039/2018 4. learned counsel sri.viswanatha, appearing for the petitioners submitted that these petitioners are ..... is espoused by the petitioners; it is purely a family dispute.... petitioners have made allegations against respondent no.6 for cheating and dishonestly misappropriating the partnership property as well as abusing and harassing them.... petitioner w.p.nos.44038-44039/2018 no.1 has raised family disputes and the same are pending ..... of such proceedings as averred in the writ petitions are as under:1. .. fir dated 08.10.2016 in crime no.0180/2016 u/s 498-a of ipc, before the addl. civil judge [jr.dn]. & jmfc court, anekal, bangalore rural district. 2].. c.c.no.1056/2017 before the prl. civil judge ..... must be careful to see that a body of persons w.p.nos.44038-44039/2018 or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. the court must not allow its process to ..... 2018 statutory provisions but not to set right the private dispute or to bring the parties to terms. the action of the petitioners pretending to act in the name of pro bono publico, only to get private profit or personal gain should be discouraged. we are convinced that the petitioners are .....

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Mar 13 2018 (SC)

Bar Council of India Vs. A.k. Balaji .

Court : Supreme Court of India

Decided on : Mar-13-2018

..... respondent stated that it does not have any office in india and does not practice law in india. it only advises on non indian law. respondent nos.19, 26, 39 and 40 stated that they are limited law partnerships under laws of england. they do not have any law office in india. respondents nos.20, 21, 24, 25, 27, 28, 30, 31 ..... or union of india are at liberty to make appropriate rules in this regard. we may, however, make it clear that the contention that the advocates act applies only if a person is practicing indian law cannot be accepted. conversely, plea that a foreign lawyer is entitled to practice foreign law in india without subjecting himself to the regulatory mechanism of the ..... non-lawyers for conducting legal practice is not permitted. in u.k., section 66 of the courts and legal services act, 1990 expressly permits solicitors and barristers to enter into partnerships with non-solicitors and non-barristers. consideration of the issues37 we have considered the rival submissions. questions for consideration mainly arise out of directions in para 63 of the madras ..... other foreign nations except on fulfilling onerous restrictions like qualifying tests, 4 experience, work permit. foreign lawyers cannot be allowed to practice in india without reciprocity.7. under the advocates act (the act), a foreigner is not entitled to practice in india in view of bar contained in section 29. however, under the guise of lpos (legal process outsourcing), conducting seminars and .....

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Dec 14 2018 (SC)

Manohar Lal Sharma Vs. Narendra Damodardas Modi

Court : Supreme Court of India

Decided on : Dec-14-2018

..... commence from october 2019 onwards.28. the complaint of the petitioners is that the offset guidelines contemplate that the vendor will disclose details about the indian offset partner however, in order to help the business group in india in question, an amendment was carried out in paragraph 8 of the ..... cji1 the issues arising in this group of writ petitions, filed as public interest litigations, relate to procurement of 36 rafale fighter jets for the indian airforce. the procurement in question, which has been sought to be challenged, has its origins 2 in the post kargil experience that saw a renewed ..... being declared the lowest bidder for procurement of 126 aircrafts by the previous government, had entered into a pact for partnership with reliance industries (another business group) in the defence sector. dassault has also issued a press release stating that it has signed ..... partnership agreements with several companies and is negotiating with over hundred other companies. as per the guidelines, the vendor is to provide ..... unamended, and, therefore, government cannot pretend ignorance about the indian offset partner as has been done in the affidavit filed. it is complained that favouring 24 the indian business group has resulted in offence being committed under the prevention of corruption act.29. as per clause 8 of dpp2013 dealing with the processing .....

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Nov 02 2018 (SC)

Himachal Pradesh Cricket Association Vs. The State of Himachal Pradesh

Court : Supreme Court of India

Decided on : Nov-02-2018

..... one fir no.12 of 2013 dated august 01, 2013 is under sections 406, 420, 120b of the indian penal code, 1860 (ipc) and section 13(2) of the prevention of corruption act, 1988 (pc act) has been registered against the appellants herein as well as some other persons. second fir no.14 of ..... the parties. this provision has been eloquently discussed in bhajan lal's case which has become locus classicus. principle nos. (i) and (ii) of indian oil corporation are, therefore, become applicable. the entire subject matter has been revisited in a recent judgment in vineet kumar and some of the discussion ..... persons. hence, no cogent grounds exist for quashing of criminal proceedings. reliance in this regard has been placed upon a judgment rendered by this court in indian oil corporation v. nepc india ltd. & ors.12:"12. the principles relating to exercise of jurisdiction under section 482 of the code of criminal ..... distribution of the property. on vesting in the limited company under part ix of the companies act, the properties vest in the company as they exist. ... in the present case, we are concerned with a partnership firm being treated as a company under the statutory provisions of part ix of the companies ..... act. in such cases, the company succeeds the firm. generally, in the case of a transfer of a .....

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Oct 25 2018 (HC)

Pushpalatha N V Vs. V Padma

Court : Karnataka

Decided on : Oct-25-2018

..... this being the factual position, an amount of rs.1,85,043/- which had been credited to the individual account of rangilal from the partnership business passed on to rangilals son, chandersen. since this amount was assessed to tax treating it as income to the joint family consisting of chandersen ..... (supra) the facts are that rangilal and his son chander had a division between them of the family business. thereafter rangilal and chandersen started a partnership business, which was assessed to income tax. the father and the son were also assessed to income tax for their individual income. rangilal died on ..... support of her pleas, her suit to the extent of claiming 1/5th share fails as envisaged in sections 101 and 102 of the indian evidence act. an issue regarding ancestral character of the property was not necessary to be raised in this circumstance. moreover if the parties led evidence ..... property. in this circumstance, it was held that succession to self acquired property of male was in accordance with section 8 of the hindu succession act, not section 6.21. therefore from the above referred decisions, it becomes quite clear that whenever a partition of ancestral property takes place, ..... , son and grandson of bhagawan das respectively and each of them took 1/3rd share. after such partition and before commencement of hindu succession act 1956, jagan verma held his share as his exclusive property without incidents of coparcenary. but when jagan vermas daughter lajesh saxena filed a suit .....

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Oct 04 2018 (SC)

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

Decided on : Oct-04-2018

..... which subsumes not merely immediate relatives but other forms in which a person can be associated with another - which includes the form of trust, partnership firm and huf. what is of great importance is that wherever persons act jointly or in concert with the person who submits a resolution plan, all such persons are covered by section 29a. it is interesting to ..... put numetal in a strong position to implement the turnaround successfully. xxx xxx xxx (c) aurora enterprises limited ( ael ) brings a careful focus on financial returns and expertise of the indian business and commercial sector to numetal. ael is a pure financial investor. the beneficiaries of such discretionary trust are general charities and solis enterprise limited, a company incorporated in bermuda ..... proposal. the same are as under: 4. the resolution applicant is a newly established company that has been incorporated to provide a 131 platform to create and sustain a leading indian steel business and is focused on the acquisition and turnaround of the corporate debtor. accordingly, to implement the plan, numetal believes that it has access to the right mix ..... 32.22% in one kazstroy service global bv (hereinafter referred to as kss global ), a company incorporated in the netherlands which in turn held 100% of kss petron, an indian company. the shareholders agreement entered into between fraseli and kss global permitted fraseli to appoint two out of six nominee directors in kss global, and provided for an affirmative vote .....

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Sep 27 2018 (SC)

Joseph Shine Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-27-2018

..... of the constitutional principle in this context.? 29. lord keith in r v. r24 declared:- ?marriage is in modern times regarded as a partnership of equals, and no longer one in which the wife must be the subservient chattel of the husband.? 30. lord denning25 states:- ?a ..... has rightly provided so.50. in this regard, we may also note how the extramarital relationship cannot be treated as an act for commission of an offence under section 306 ipc. in pinakin mahipatray rawal v. state of gujarat37, the court has held :- ?27. section 306 refers to abetment ..... the other.?1 we are commencing with the aforesaid prefatory note as we are adverting to the constitutional validity of section 497 of the indian penal code (ipc) and section 198 of the code of criminal procedure (crpc).2. at this juncture, it is necessary to state that though there ..... and obliterated; a truly egalitarian existence can be imagined. 108 maureen maloney, an analysis of direct taxes in india: a feminist perspective, journal of the indian law institute (1988) 109 catherine a mackinnon, sex equality under the constitution of india: problems, prospects, and personal laws , oxford university press and ..... that such an understanding of the position of women is demeaning and fails to recognize them as equally autonomous individuals in society.59 effectively, indian jurisprudence has interpreted the constitutional guarantee of sex equality as a justification for differential treatment: to treat men 58 ibid. 59 abhinav sekhri, the .....

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