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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Year: 2018 Page 3 of about 144 results (0.108 seconds)

Jan 04 2018 (HC)

M/S K. S. Roadlines and Ors. Vs.bharat Petroleum Corporation Limited

Court : Delhi

Decided on : Jan-04-2018

..... . that the asset is owned by the concerned individual or entity is retained (as in the case of proprietorship firm by the proprietor or partnership/mse registered partnership i.e. in the name of the partner) and is extended. in the case of proprietorship firms or individuals, the tt can be ..... submitted by : (i) proprietorship firms / individuals who are indian citizens, who have attained the age of majority; or (ii) partnership firm consisting of indian citizens; or (iii) co-operative society of which all the members are indian citizens; or (iv) company duly registered under the companies act, 1956 provided they comply with the conditions contained hereinafter. ..... spouse or parents, an affidavit as per format for attached truck for the use of tank truck by the firm should be furnished (b) partnership/mse registered firms, in the name of the firm or in the name of any of the partners/directors. in the event the tank truck ..... owned by the spouse or parents. similarly, in the case of the concern i.e. a registered concern like the partnership, the tt has to be in the name of the partnership firm or in the name of any of the partners or directors. in the case of the company, however, clause ..... into contract with third parties.2. the facts of the case are that bpcl and the other oil companies, namely, hindustan petroleum company and indian oil company invited region and zone-wise bids from eligible owners offering to contract out lpg tank trucks (tts) for transporting bulk lpg. the bidders .....

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Jul 06 2018 (HC)

Santosh Chawla & Anr vs.state & Anr

Court : Delhi

Decided on : Jul-06-2018

..... on a distinct footing in so far as the exercise of the inherent power to quash is concerned. 16.8 criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute. 16.9 in such a case, the high court ..... . the second respondent had made a complaint sometime in 2008 in the court of metropolitan magistrate alleging offences punishable under sections 419/420/463/464/468/471/120b of indian penal code, 1860 (ipc) having been committed by the petitioners, concededly his mother and brother respectively, vis- -vis certain property in which he claimed to have a share. the said complaint resulted ..... that the criminal case also involves such grave offences as forgery and fabrication of documents in the nature of valuable security, which would attract an offence punishable under section 467 ipc. at the hearing it was fairly conceded that there is evidence presented with the charge-sheet indicating fabrication of general power of attorney and agreement to sell purportedly executed by ..... the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. the consequences of crl. m.c. no.1066/2016 page 4 of 5 the act complained of upon the financial or economic system will weigh in the balance .5. while it does appear that the allegations concerning the offences in the nature of cheating in .....

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Jul 06 2018 (HC)

Roshan Lal Kalra & Anr vs.state & Anr

Court : Delhi

Decided on : Jul-06-2018

..... of the inherent power to quash is concerned. crl. m.c. no.2540/2016 page 3 of 5 16.8 criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute. 16.9 in such a case, the high court ..... that the criminal case also involves such grave offences as forgery and fabrication of documents in the nature of valuable security, which would attract an offence punishable under section 467 ipc. at the hearing it was fairly conceded that there is evidence available confirming the forgery of the rent receipts which was presented in the rent control proceedings.5. in this ..... ) of police station sabzi mandi has registered a first information report (fir) no.89/2016 on 17.02.2016 for investigation into offences punishable under sections 420/468/4of indian penal code, 1860 (ipc). it appears the second respondent is the owner of property described as shop (internal no.6) in property no.2086, gali no.38, naiwala, karol bagh, new delhi ..... high court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. the consequences of the act complained of upon the financial or economic system will weigh in the balance .4. while it does appear that the allegations concerning the offences in the nature of cheating in .....

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Jul 04 2018 (HC)

Rakesh Kumar Aggarwal vs.lock & Locking Devices

Court : Delhi

Decided on : Jul-04-2018

..... illegal use of his registered trade mark vijayan?, which is sub- judice. that, for the ends of this planning, the petitioner has fabricated a forged partnership deed, which is void-ab-initio. on its basis he is willing to get possession. the applicant/ third party has also submitted that, the applicant ..... party in present case in brief with the following statements:-"that, the petitioner by presenting the application in the court under section 276 of the indian succession act, 1925, has prayed for the issuing of probate by showing the execution of a will? dated 02.12.2008 executed by lt jagdish sharan ..... but it was deprived from filing an opposition due to the mark in the journal advertisement not being visible. the registration being contrary to the act and the rules, the same is prima facie, invalid. the defendant has already challenged the plaintiff?s registration and it is for the statutory authorities ..... the registration is subject. 35. thus, the exclusive right in a mark flows only if the registration is valid. under section 124 of the act, the court trying the suit can come to a prima facie conclusion on the validity of the mark. recently in patel field marshal rfa682009 page ..... , 1999:-" 1. whether the suit has been properly instituted?. opp2 whether the plaintiff is the proprietor of the trade mark vijayan?. opp3 whether the acts of the defendant amount to infringement of trademark?. opp rfa682009 page 4 of 32 4. whether the plaintiff is guilty of concealment?. opd5 whether the .....

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Jul 03 2018 (HC)

Jatinder Singh Bhatia vs.state & Ors.

Court : Delhi

Decided on : Jul-03-2018

..... violation committed is also substantiated in the report dated 13th july, 2009 of the court commissioner; that gurbachan and jatinder claim that they are running the units complained of in partnership with samsung or with omkar enterprises; such a claim is untenable because no documents with respect thereto have been filed.70. gurbachan, in his reply to the ccp(o), ..... to see whether any inkling of joginder being under the undue influence of jatinder can be deciphered therefrom.26. the suit aforesaid filed by rajender, was for dissolution of the partnership firm royal safe company and for rendition of accounts and partition of immovable properties of the firm. it was the plea of rajender that shares of rajender, joginder, gurbachan, surinder ..... filed by rajender against joginder, gurbachan, surinder, satbinder and jatinder, for test.cas. 37/1995, test.cas. 42/1995 & ccp (o) no.62/2010 page 2 of 33 dissolution of partnership, rendition of accounts and partition of immovable properties.4. cs(os) no.1441/1990 was dismissed vide judgment dated 23rd november, 2012 and rfa(os) no.29/2013 preferred thereagainst ..... of the counsel for rajender is, of the execution of the document dated 15th may, 1994 admittedly executed by joginder, having not been in accordance with section 63 of the indian succession act. the counsel, in this regard, firstly referred to the inconsistencies between the testimonies of ravinder pal singh and yoginder singh bhatia being the two attesting witnesses to the document .....

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Jul 03 2018 (HC)

Manjit Kaur vs.state & Ors.

Court : Delhi

Decided on : Jul-03-2018

..... violation committed is also substantiated in the report dated 13th july, 2009 of the court commissioner; that gurbachan and jatinder claim that they are running the units complained of in partnership with samsung or with omkar enterprises; such a claim is untenable because no documents with respect thereto have been filed.70. gurbachan, in his reply to the ccp(o), ..... to see whether any inkling of joginder being under the undue influence of jatinder can be deciphered therefrom.26. the suit aforesaid filed by rajender, was for dissolution of the partnership firm royal safe company and for rendition of accounts and partition of immovable properties of the firm. it was the plea of rajender that shares of rajender, joginder, gurbachan, surinder ..... filed by rajender against joginder, gurbachan, surinder, satbinder and jatinder, for test.cas. 37/1995, test.cas. 42/1995 & ccp (o) no.62/2010 page 2 of 33 dissolution of partnership, rendition of accounts and partition of immovable properties.4. cs(os) no.1441/1990 was dismissed vide judgment dated 23rd november, 2012 and rfa(os) no.29/2013 preferred thereagainst ..... of the counsel for rajender is, of the execution of the document dated 15th may, 1994 admittedly executed by joginder, having not been in accordance with section 63 of the indian succession act. the counsel, in this regard, firstly referred to the inconsistencies between the testimonies of ravinder pal singh and yoginder singh bhatia being the two attesting witnesses to the document .....

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Jul 03 2018 (HC)

Rajenderpal Singh Bhatia vs.joginder Singh

Court : Delhi

Decided on : Jul-03-2018

..... violation committed is also substantiated in the report dated 13th july, 2009 of the court commissioner; that gurbachan and jatinder claim that they are running the units complained of in partnership with samsung or with omkar enterprises; such a claim is untenable because no documents with respect thereto have been filed.70. gurbachan, in his reply to the ccp(o), ..... to see whether any inkling of joginder being under the undue influence of jatinder can be deciphered therefrom.26. the suit aforesaid filed by rajender, was for dissolution of the partnership firm royal safe company and for rendition of accounts and partition of immovable properties of the firm. it was the plea of rajender that shares of rajender, joginder, gurbachan, surinder ..... filed by rajender against joginder, gurbachan, surinder, satbinder and jatinder, for test.cas. 37/1995, test.cas. 42/1995 & ccp (o) no.62/2010 page 2 of 33 dissolution of partnership, rendition of accounts and partition of immovable properties.4. cs(os) no.1441/1990 was dismissed vide judgment dated 23rd november, 2012 and rfa(os) no.29/2013 preferred thereagainst ..... of the counsel for rajender is, of the execution of the document dated 15th may, 1994 admittedly executed by joginder, having not been in accordance with section 63 of the indian succession act. the counsel, in this regard, firstly referred to the inconsistencies between the testimonies of ravinder pal singh and yoginder singh bhatia being the two attesting witnesses to the document .....

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May 07 2018 (HC)

Satish Builders vs.union of India

Court : Delhi

Decided on : May-07-2018

..... is the procedure of the appointment of an arbitrator. merely because the respondent has failed to appoint an arbitrator it cannot frustrate the arbitration agreement between the parties.11. 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 ..... seeking appointment of an arbitrator for adjudicating the disputes that have arisen between the parties in relation to the award of work for construction of apartment tower (t-2) at indian institute of science education & research (iiser), bhopal including water supply, sanitary installation, drainage and electrical works. the said agreement contains an arbitration agreement between the parties in clause ..... have the jurisdiction to entertain the present petition. he further submits that prior to filing of the present petition, the petitioner had filed a petition under section 9 of the act being omp. (i) (comm.) 542/2017. there was no objection to the territorial jurisdiction taken by the respondent in opposition to that petition. being aggrieved with the order ..... 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, .....

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May 03 2018 (HC)

Indian Railway Catering and Tourism Corporation Ltd(irctc) vs.m/s Srin ...

Court : Delhi

Decided on : May-03-2018

..... up either immediately compulsorily his interest or enter into any agreement or composition with his for suspended payment, or if the firm be dissolved under the partnership act or, in the event of licensee being a company, if the company shall pass any resolution to be wound or voluntarily (c) repudiation of agreement ..... arbitral tribunal by reassessing or re- appreciating the evidence. an award can be challenged only under the grounds mentioned in section 34(2) of the act. the arbitral tribunal has examined the facts and held that both the second respondent and the appellant are liable. the case as put forward by the ..... perverse and those which are not. if a decision is arrived at on no evidence or evidence which is thoroughly unreliable and no reasonable person would act upon it, the order would be perverse. but if there is some evidence on record which is acceptable and which could be relied upon, howsoever ..... is specifically provided for by these or the the same will be special conditions) resolved by arbitration, as per the provisions of the arbitration and conciliation act, 1996. the venue of the omp (comm.) 32/2017 page 8 of 16 arbitration shall be delhi. all questions, disputes and or differences arising under ..... j-1 * in the high court of delhi at new delhi % pronounced on:03. 05.2018 + o.m.p. (comm) 32/2017 indian railway catering and tourism corporation ltd(irctc) through mr.nikhil majithia, adv. ........ petitioner versus m/s srinathji caterers through mr.manish k.bishnoi, adv .....

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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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