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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Year: 2018 Page 4 of about 144 results (0.066 seconds)

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 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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Mar 19 2018 (HC)

Jyoti Gupta vs.kewalsons & Ors.

Court : Delhi

Decided on : Mar-19-2018

..... ?. arb. p. 599/2017 page 9 11. the supreme court noted section 40 of the arbitration act, 1999 and sections 46, 47 and 48 of the indian partnership act. section 40(1) of the arbitration act, 1999 sets out that an arbitration agreement shall not be discharged by the death of any party thereto either as respects the ..... event be enforceable by or against the legal representative of the deceased. after considering the provisions of the indian partnership act and section 40 of the arbitration act, 1999 and also noticing the definition of legal representative in section 2(1)(g) of the arbitration act, the court held as under: 21. the definition of legal representative became necessary because such representatives are ..... act, 1999, the petitioner is entitled to claim appointment of arbitrator under the arbitration clause of the partnership deed and the hon'ble chief justice of the allahabad high court has erred in overlooking these provisions ..... entitled to invoke arbitration clause contained in the partnership deed?. (b) whether the arbitration can be commenced by the heirs after the death of partner especially where the dispute had arisen already during the lifetime of the partner?. (c) whether in view of section 46 read with section 48 of the indian partnership act as well as section 40 of the arbitration .....

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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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Mar 12 2018 (HC)

Lucknow Medical Agencies vs.arjun Lal & Ors.

Court : Delhi

Decided on : Mar-12-2018

..... the course of arguments. the suit for damages is instituted by the plaintiff partnership firm through its partner. issue no.4 is, therefore, decided in favour of the plaintiff and against the defendants." 13. section 41 of the indian contract act,1872 provides that if a person who is entitled to a particular amount ..... 14 appellant/plaintiff has been compensated for his loss by receiving the amount under the insurance policy, the principle contained in section 41 of the indian contract act if not the section itself, will come into play and therefore the trial court has committed no illegality in observing in para 10 of the ..... person when this amount is received from a third person, then the liability of the promisor under the contract stands discharged. section 41 of the indian contract act has also been relied upon by the supreme court in the judgment in the case of lala kapur chand godha and others vs. mir nawab ..... have been liable to compensate the plaintiff for the loss and injury occasioned due to negligence of the defendant no.1. a tort consists of some act done by a person which causes injury to another towards compensation of which damages may be claimed against the tortfeaser. tortuous liability arises from breach ..... rfa no.244/2018 page 10 of 14 no:1. the plaintiff has failed to prove that it is defendant no.1 who is responsible by its acts and omissions for fire breaking out in the suit premises situated at 60-a, central market, lajpat nagar, new delhi. issue no.1 is, therefore .....

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Mar 09 2018 (HC)

Cadila Healthcare Limited and Anr. Vs.competition Commission of India ...

Court : Delhi

Decided on : Mar-09-2018

..... respondent no.1 cci has completely disregarded the fact that these individuals are abusing the process of law and using the form of a partnership firm to play around the jurisdiction of the respondent no.1 cci without any regard to the truth and fair play. in the ..... investigation. if the investigation process is to be restricted in the manner projected by the appellants, it would defeat the very purpose of the act which is to prevent practices having appreciable adverse effect on the competition. we, therefore, reject this argument of the appellants as well touching ..... that in the absence of a determination by respondent cci that the company has committed contravention of any of the provisions of the competition act or any rule, regulation etc., proceedings against officers or executives of such a company cannot be initiated. according to him, the conclusion ..... by res judicata/double jeopardy.13. one of the submissions of mr. krishnan venugopal was initiation of proceedings under section 48 of the act at preliminary stage is erroneous. in this regard, he would state, initiation and continuance of the proceedings under section 48 against petitioners officers ..... commission. proposition: order obtained by suppression/fraud not sustainable in law case law: indian bank v. satyam fibre (india) pvt. ltd. (1996) 5 scc550 proposition: facts taken as alleged do not constitute a contravention of competition act-no vertical/horizontal relationship case law: (i) shri norbert lobo v. citibank n .....

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Mar 08 2018 (HC)

Vinod Kumar & Ors. Vs.bohat Ram & Anr.

Court : Delhi

Decided on : Mar-08-2018

..... favour of sushant adlakha. thereafter plaintiff s evidence was closed.8. defendant also examined 9 witnesses in its support. dw1 ashok kumar proved the registration of the partnership firm m/s. ram kishan band. the certified copy of form a & b are ex.dw1/a and dw1/b. dw2 sanjay kumar was summoned for ..... challenge to the survey report moreover the said document is a document which is 30 year old document and as per upheld section 90 of the indian evidence act there is a presumption in favour of such documents. the said document clearly shows that m/s. ram kishan band and tilak raj are the ..... village titar pur and which document was over 30 years old and thus presumption had to be validly drawn in terms of section 90 of the indian evidence act, 1872. trial court has rfa no.221/2018 page 6 of 12 also referred to the fact that in the eviction petition filed by the respondent ..... .1/plaintiff. accordingly argument of the appellants/defendants to claim ownership of the suit property on the basis of section 8 of the delhi land reforms act is rejected.12. no other argument or issues were urged on behalf of the appellants/defendants before this court. this is noted inasmuch as the trial ..... tenants in wz-5. defendants also admits that ram kishan band was working from the said property as they have examined dw1 to prove the registered certificate of the partnership .....

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Mar 07 2018 (HC)

M/S Sawhney Bros. Vs.hongkong Shanghai Banking Corporation & Ors.

Court : Delhi

Decided on : Mar-07-2018

..... or would be held to be not pressed on behalf of the plaintiff. issue nos. 4 and59. plaintiff is a partnership concern. plaintiff has filed its registration under section 69 of the partnership act, 1932. certificate of registration has been proved as ex.pw1/55. suit plaint is signed by sh. t.s. ..... 8 have not even returned the moneys received by defendant nos.6 to 8 from the plaintiff. accordingly in terms of section 70 of the indian contract act, 1872 the plaintiff is bound to be restituted by the defendant nos.6 to 8 with respect to the moneys received by them from the ..... held in the judgments of the supreme court referred to by the plaintiff, and it is noted that there is no provision in the indian bills of lading act nor any observations in any judgments of the supreme court cited on behalf of the plaintiff that merely because a bill of lading exists ..... 15 scc56 (iii)ellerman and bucknall steamship company ltd. vs. sha misrimal bherajee air1966sc1892 plaintiff has also placed reliance upon the provisions of the indian bills of lading act, 1856. on behalf of the defendant/insurance company, it is argued that the 11. entire arguments urged on behalf of the plaintiff are misconceived ..... for the moneys received by the defendant nos.6 to 8 from the plaintiff. useful reference can also be drawn to section 64 of the indian contract act and which provides that whenever a contract has been validly rescinded then any benefit received from the rescinded contract by the guilty party to the .....

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