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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Year: 2018 Page 11 of about 144 results (0.138 seconds)

Apr 27 2018 (SC)

Commissioner of Income Tax Karnal Vs. M/S Carpet india.panipat(haryana ...

Court : Supreme Court of India

Decided on : Apr-27-2018

..... above batch of appeals is related to the interpretation of the provisions contained in section 80hhc of the income tax act, 1961 (in short the it act ).3) slp (c) 8368 of 2009 (a) m/s. carpet india (p) ltd.-the assessee is a partnership firm deriving income from the manufacturing and sale of 2 carpets to m/s. ikea trading (india) ltd. ( ..... dismissed. discussion:-9) before examining the matter, we deem it apposite to refer to the relevant provisions of section 80hhc of the it act: 80hhc. deduction in respect of profits retained for export business:- (1) where an assessee, being an indian company or a person (other than a company) resident in india, is engaged in the business of export out of india of ..... an export house/trading house by inserting sub-section (1a) and (3a) in section 80hhc of the it act. the legislature divided section 80hhc of the it act in two parts for the purpose of deduction, namely, direct exporter and supporting manufacturer. direct exporter, being an indian company or a person (other than company) resident in india, who directly exports the goods to some other ..... country whereas supporting manufacturer, being an indian company or a person (other than company) resident in india, who .....

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Apr 25 2018 (HC)

Sudhir Vohra vs.registrar of Companies and Ors.

Court : Delhi

Decided on : Apr-25-2018

..... of corporate affairs, and the impugned notice issued by the coa. the impugned circular no.1, while stating that only a registered architect or firm of architects (a partnership firm under the partnership act, 1932 comprising of all registered architects) can use the title and style of 'architect' or practice the profession of an architect, directs that, the registrar of companies ..... as architects are undertaking the construction of buildings which are uneconomical and quite frequently are unsafe, thus bringing into disrepute the profession of architects. various organisations including the indian institute of architect have repeatedly emphasized the need for statutory regulation to protect the general public from unqualified persons working as architects. with the passing of this legislation it ..... date of the said violation. since the fipb approval granted to rsp singapore to incorporate rsp india was subject to a specific condition that rsp india would abide by all indian laws, he contends that the said approval is liable to be cancelled, in view of the aforementioned alleged violations by rsp india.23. mr. bhagat further submits that ..... situation not envisaged by law, as it would defeat the very purpose of organizing the practice of architecture as a regulated profession in the larger public interest.20. the indian institute of architects has also filed an application bearing no.c.m. no.37116/2017 for intervention and impleadment. submissions on its behalf have been made by mr. .....

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Apr 25 2018 (HC)

M/S Sam (India) Buildwell Pvt .Ltd. Through Its Regional Head and Ar K ...

Court : Delhi

Decided on : Apr-25-2018

..... procedure. the respondent having lost its right to appoint an arbitrator in terms of the arbitration agreement, cannot plead discharge of the arbitration agreement for its own default.13. in indian oil corporation ltd. & ors. vs. m/s raja transport (p) ltd. 2009 (4) raj53(sc), the supreme court, had held that such a condition in the arbitration agreement interferes ..... 2018 arb.p. 87/2018 m/s sam (india) buildwell pvt .ltd. through its regional head and ar karan sagar aggrwal through: mr.vivekanand, adv. ........ petitioner versus m/s coslight indian telecom pvt ltd through its managing director ..... respondent through: mr.sanjay kr. singh, adv. coram: hon'ble mr. justice navin chawla navin chawla, j.(oral) 1. this petition has been ..... difference shall be referred for adjudication through arbitration by sole arbitrator appointed by the administrative head of the said employer. if the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reason whatsoever another sole arbitrator shall be appointed in the manner aforesaid. such person shall be entitled to ..... of the arbitration clause is liable to be ignored as being contrary to the act. but the position will be different where the arbitration agreement names an individual (as contrasted from someone referred to by designation) as the arbitrator. an example is an arbitration clause in a partnership deed naming a person enjoying the mutual confidence and respect of all parties, as .....

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Apr 25 2018 (HC)

Vanguard Security and Fire Services (P) Ltd vs.m/s National Building ...

Court : Delhi

Decided on : Apr-25-2018

..... claim to recover a sum of money due from one of the partners must form part of the inquiry in the action for winding up the partnership and no suit will lie after a suit for an account is barred by limitation. gopala rfa6332016 page 16 of 22 chetty v. vijayaraghavachariar ..... this would be treated as an arbitral award waited for three months and thirty days as per section 36 of the arbitration and conciliation act, 1996 (hereinafter, arbitration act?) from the date of knowledge and thereafter filed execution an petition on 30th october, 2004. the said execution petition was dismissed by the ..... enterprises v. principal secy. irrigation deptt. and ors. (2008) 7 scc169 where it was held as under: 12. section 14 of the limitation act deals with exclusion of time of proceeding bona fide in a court without jurisdiction. on analysis of the said section, it becomes evident that the following ..... has been highlighted for 3 reasons. firstly, by submitting an application for referring the dispute in the present suit to arbitration, the defendant by its act and conduct affirmed the binding nature of agreement dated 30.05.2000 and clause 3 specifically. it has already been highlighted above that even the ..... the contention ought to prevail. in our opinion, there is nothing in all the indian authorities cited before us against the maintainability of the suit. such a case can occur only very rarely. ordinarily the indian courts pass judgments which are to be enforced in execution and even when they create .....

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Apr 23 2018 (HC)

National Projects Construction Corporation Ltd vs.harvinder Singh & C ...

Court : Delhi

Decided on : Apr-23-2018

..... part (hereinafter referred to as npcc limited which expression shall unless its administrators, successors and assigns) and m/s harvinder singh & co. (a partnership firm) having its office at 7-a, tamoor nagar, opp. gurudwara near friends colony, new delhi 110 065 (hereinafter refrred to as m/ ..... or unreasonable that it shocks the conscience of the court. (iv) an award would be liable to be regarded as contrary to the fundamental policy of indian law, for example, if (a) it disregards orders passed by superior courts, or the binding effect thereof, or (b) it is patently violative of ..... extenso, the relevant paragraphs from the said decision, and respectfully culled, therefrom, the following clear principles: (i) the four reasons motivating the legislation of the act, in 1996, were (a) to provide for a fair and efficient arbitral procedure, (b) to provide for the passing of reasoned awards, (c) ..... associated builders v. dda, (2015) 3 scc49 may justifiably be christened as the high watermark in the law relating to section 34 of the act, and any attempt to paraphrase the decision is fraught with the risk of mutilation. the decision is, almost entirely, definitively authoritative, and brooks no ..... advocate with mr.rajat arora, advocate versus harvinder singh & company respondent through: mr. bhrighu dhami and mr. ankur nagar, advocates coram:-"hon ble the acting chief justice hon ble mr justice c. hari shankar % (judgment) c. hari shankar, j.1. we had, after hearing learned counsel for the .....

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Apr 20 2018 (HC)

Kaushalya Devi (Deceased) Through Legal Representatives vs.commissione ...

Court : Delhi

Decided on : Apr-20-2018

..... 145. the expression connection means a link or relationship between people or things or the people [concise oxford with whom one has contact dictionary (indian edition)].. connection means act of uniting; state of being united; a relative; relation between things one of which is bound up with (law lexicon, 2nd edn., 1997 ..... any debentures of a company; (b) where the suit is for, (i) the execution of a formal deed of partnership, the parties having commenced to carry on the business of the partnership; or (ii) the purchase of a share of a partner in a firm; (c) where the suit is ..... 'ble mr. justice sanjiv khanna hon'ble ms. justice prathiba m. singh sanjiv khanna, j.this appeal under section 260a of the income tax act, 1961 (act, for short) by kaushalya devi, since deceased and now represented by her legal representative, relates to assessment year 1994-95 and arises from the ..... death the heirs, including the assessee, had discharged the mortgage created by the deceased. the said property was subsequently acquired under the land acquisition act and for the purpose of capital gains the assessee sought deduction of the amount spent to clear the mortgage. the high court held that ..... gains. ita6002004 page 4 of 31 8. both the assessee and revenue preferred appeals before the tribunal. tribunal held that section 48 of the act permits deduction against sale consideration in three situations. firstly, towards cost of acquisition; secondly on account of cost of improvement of the property and .....

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Apr 19 2018 (SC)

Suresh Kumar Kohli Vs. Rakesh Jain

Court : Supreme Court of India

Decided on : Apr-19-2018

..... sen, a partial partition having taken place in 1961 between a father and his son, their business was divided and thereafter carried on by a partnership firm consisting of the two of them. the father died in 1965, leaving behind him his son and two grandsons, and a credit balance in ..... testamentary disposition any property, 19 which is capable of being so disposed of by him or by her, in accordance with the provisions of the indian succession act, 1925 (39 of 1925), or any other law for the time being in force and applicable to hindus. explanation. the interest of a ..... by the other class, namely, the corporations and companies and other bodies with juristic personality under the act. if it be held that commercial tenancies after the termination of the contractual tenancy of the tenant are not heritable on the death of the ..... of the tenancy, the company or the corporation or such juristic personalities, however, will go on enjoying the protection afforded to the tenant under the act. it can hardly be conceived that the legislature would intend to deny to one class of tenants, namely, individuals the protection which will be enjoyed ..... indicate that the legislature intended that the heirs of the tenants of commercial premises will cease to enjoy the protection afforded to the tenant under the act. the legislature could never have possibly intended that with the death of a tenant of the commercial premises, the business carried on by the .....

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Apr 18 2018 (HC)

M/S Gupta International & Ors vs.ashok Kumar Singhal & Anr.

Court : Delhi

Decided on : Apr-18-2018

..... immovable property, and any transfer of immovable property otherwise done by the partner would be illegal and hit by the provision of section 19 (2)(g) of the partnership act. 11.(i) in my opinion, issue no.3 has to be held in favour of the defendants. the reasons are stated hereinafter. the issue is that ..... to the defendant no.2 as is pleaded to be the case of the defendant no.1. it is argued that section 19(2)(g) of the partnership act, 1932 is a complete answer to the illegal transaction done by the defendant no.1 in collusion with the defendant no.2 on 3.7.2000 because ..... been executed after 24.9.2001. for same reasoning the registered power of attorney dated 3.7.2000 will have the benefit of section 202 of the indian contract act being irrevocable as having been given for consideration. this aspect i have dealt with in detail in the judgment in the case of shri ramesh chand vs ..... if the testator, who is not married, marries after making the will, by operation of law, the will stands revoked. (see sections 69 and 70 of indian succession act, 1925). registration of a will does not make it any more effective.16. we therefore reiterate that immovable property can be legally and registered deed of lawfully conveyance ..... of cs(comm) no.1666/2016 page 24 of 30 the indian contract act, 1872 , and in the present case, it is seen that the documentation has been executed on 3.7.2000 before section 53-a of the transfer of property act was amended by act 48 of 2001 w.e.f 24.9.2001, and thus .....

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Apr 18 2018 (HC)

Pr. Commissioner of Income Tax Delhi-18 vs.m/s. n.s. Software (Firm)

Court : Delhi

Decided on : Apr-18-2018

..... who had in fact brought/borrowed the initial amount used for making payments to the hitherto actual owners of the property. under the income tax act, partnership deed is an important document that determines the expenses like salary and interest payable to the partners. further there are restrictions on the interest and ..... to the partners without charging interest. 4.2.5 therefore, the circumstances show that the books of accounts. and other documents like reconstitution of partnership found in possession of a person other than the employee or partner and at a place not belonging to the appellant firm coupled with other factors ..... the books. however, due to search action, it is possible that, the appellant and the partners have decided not to give effect to this partnership deed which in all probability must have been executed as on the date of search (and not found by the search party) as is evident ..... per annum. the property has been let out to price waterhouse group on a eleven-years-nine- months leave & license agreement. in the said partnership deed, there is no mention of anyone paying towards goodwill etc. to the retiring partner in spite of the appellant owning such valuable property which earns ..... not based upon a notice under section 153c of the income tax act, 1961?." ita7912017 page 1 of 23 2. the relevant facts of the case are that on 15.03.2004, the assessee firm was established through a partnership deed between sharada erectors private limited and mr. rakesh kumar garg and .....

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Apr 17 2018 (HC)

Balfour Beatty Group Limited vs.kalindee Rail Nirman (Engineers) Limit ...

Court : Delhi

Decided on : Apr-17-2018

..... agreement. xxxxx 11.2 nothing in this agreement and no action taken by the parties pursuant to this agreement shall be construed as creating a partnership of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever. o.m.p. ..... builders v. delhi development authority (2015) 3 scc49 he submits that the award cannot be said to be in contravention of the fundamental policy of indian law and, therefore, cannot be interfered with.16. though i am in full agreement with the legal proposition contended by the learned counsel for the ..... .2013 will have no relevance to the arbitration proceedings, this court cannot interfere with the same in exercise of its power under section 34 of the act. for this purpose he places reliance on the judgment of this court in cmdr. s.p. puri v. alankit assignments ltd., 2008 (105) ..... raised, before entering upon the arbitral dispute. arbitral proceedings shall be initiated, after complying with the provisions under section 12, of the arbitration and conciliation act, 1996. 8. the arbitrator by his impugned interim award has adjudicated upon the applicability of the mou(s) to the reference and has held that ..... at length in opposition of the prayer made in the petition.2. this petition under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act ) has been filed by the petitioner challenging the interim arbitral award dated 03.01.2018 passed by the sole arbitrator.3. .....

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