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 .....Tag this Judgment!
Court : Delhi
Decided on : Feb-12-2018
..... shourie, stating that the telephone connection in the premises were in the name of manuvel mezhukanal, whose business was operating from there. the document (partnership deed dated 02.02.1999) appears to have been created after that date; shourie and manuvel mezhukanal seem to have conspired or collaborated in that ..... . pc). the order, issuing show cause notice, stated as follows: cm appl.41529/2016 the court notices that the appellant has relied upon a partnership deed dated 02.02.1999 which is part of annexure a (collectively). learned counsel appearing on behalf of the appellant mr. ashwini shourie contended that ..... mr. manuvel mezhukanal after 19.09.2015. thus, it is submitted that the court should take cognizance of the act of filing of the false affidavit(s)/statements/forged and fabricated partnership deed by the appellant.8. shourie s reply resists the applicant, by stating that, inter alia, he neither signed ..... of 12 18. in the opinion of the court, prime facie, the use of such document, amounts to an offence punishable under section 191, indian penal code, which appears to have been committed in or in relation to a proceeding in this court in respect of a document produced or ..... any case desist from issuing directions under section 340 when proceedings are pending, i.e that the offence alleged is committed (punishable under section 195 indian penal code) after the document is in the custody of court. reliance was placed on the decision in sachida nand singh v. state of bihar .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-2018
..... gupta, naresh kumar bansal, pawan kumar gupta and manoj gupta. therefore, it cannot be said that the suit is defective for non-compliance of section 69 of indian partnership act, 1932. ex.pwis authority letter dated 25.05.2012 by which other three partners namely pawan kumar gupta, naresh gupta and manoj gupta have authorized mr. naresh ..... in its present form and is liable to be rejected?. opd.5. whether the suit of the plaintiff is defective as per provisions of sec. 69 of indian partnership act, 1932 and is liable to be dismissed?. opd.6. whether the suit of the plaintiff is not maintainable as no cause of action has arisen for filing ..... of firm m/s enpeecon.14. here it would be profitable to refer to sub sections (1) & (2) of section 69 of the indian partnership act, 1932 which read as under:-" section 69 effect of non-registration.- (1) no suit to enforce a right arising from a contract or conferred by this ..... institution of the suit and the registration certificate of r.f.a. 386/2017 page 6 of 16 the partnership firm has not been filed and therefore, the suit is barred under section 69 of the indian partnership act, 1932. it is also pleaded that the appellant/plaintiff being a partner of the firm has no locus ..... they have made the payment of the material supplied to them.20. in this regard, it would be relevant to refer to section 102 of the indian evidence act, 1872 which reads as under:-"r.f.a. 386/2017 page 10 of 16 section 102 on whom burden of proof lies.- the burden of proof .....Tag this Judgment!
Court : Delhi
Decided on : Feb-02-2018
..... m/s sky light hospitality pvt ltd. is presently known as m/s sky light hospitality llp having converted into llp from company on 13.05.2016 under limited liability partnership act, 2008. (b). the assessee entered into purchase of property with m/s omkareswar properties pvt ltd. situated at mauja shikohpur on 28.01.2008 for which payment was done against ..... pan number of the said company. the legal position is that this company had ceased to exist and was dissolved upon conversion into a limited liability partnership as per section 56 of the limited liability partnership act, 2008 with effect from 13.05.2016.11. there is substantial and affirmative material and evidence on record to show that issue of notice in the ..... believe mention that m/s sky light hospitality pvt. ltd. who had filed the return for the assessment year 2010-2011, was converted into limited liability partnership on 13.05.2016 under the limited liability partnership act, 2008. thus, it is accepted, is factually correct. reference is made to the tax evasion report received from the investigation unit of the income tax department ..... acquired rights and liabilities of m/s sky light hospitality private limited upon conversion under the limited liability partnership act, 2008, has filed the present writ petition impugning notice dated 30.03.2017 for the assessment year 2010-11 under sectionof the income tax act, 1961 ( act? for short).2.... petitioner also impugns the order dated 09.11.2017 passed by the assessing officer .....Tag this Judgment!
Court : Delhi
Decided on : Jan-31-2018
..... to the suit. section 30 of the indian partnership act provides that a minor is not personally liable for any acts of the partners or of the partnership for his share in the firm.132. similarly, under the hindu minority and guardianship act a natural guardian can do such acts which are necessary and reasonable and appropriate ..... of actual damages must be proved by bringing on record books of account and other relevant documents.109. sections 55 and 73 of the indian contract act do not lay down the mode and manner as to how and in what manner the computation of damages or compensation has to be made ..... is, however, unnecessary for us to go into authorities on english law for it all comes back to this that under section 19 of the indian contract act the plaintiffs at most can only be entitled to be put in the same position as if the representation that was made had been true, ..... of both the parties is that damages, if fraud was proved, had to be quantified as provided under section 19 of the indian contract act, 1872.36. section 19 of the contract act reads as follows:-""19. voidability of agreements without free consent. when consent to an agreement is caused by coercion, 1[***]. ..... ranbaxy. it is further pleaded that elements of active concealment are not made out in terms of section 17 of the indian contract act, 1872 (hereinafter referred to as the contract act). further, the respondent has suffered no loss direct or indirect as a result of the alleged active concealment and wrong doing .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
Decided on : Sep-14-2018
..... defaulting. it has been pleaded that the banks and its officials are guilty of fraud and misrepresentation under sections 17 and 18 of the indian contract act and that the corporate guarantee as void. i may look at the minutes of the meeting that was held on 11.03.2013, relevant ..... a right partner and he expects their relationship with bush foods will grow further in future. hassad foods informed that partnership with bush foods falls in line with company's future vision and it views its investee companies as standalone investments and they expect to develop ..... solid partnership with consortium members. it was further informed that post (primary and secondary) funding by hassad foods (whereby hassad will own 70% ..... powers and authority to entertain and decide applications from the banks and financial institutions for recovery of debts due to such banks and financial institutions. in indian bank vs. abs marine products (p) ptd., (supra) the 26. supreme court was dealing with a case where the bank had filed a ..... senior counsel for the plaintiffs in rejoinder rebutted the contention of the defendants that this court does not have the jurisdiction reliance is placed on the following judgments:-"(i) indian bank vs. abs marine products (p) ltd., (2006) 5 scc72(ii) nahar industrial enterprises ltd. vs. hong kong and shanghai banking corporation, (2009) .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-14-2018
..... . but the criminal cases having 31 overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and ..... had subjected her to cruelty. we are referring to these provisions only to show that the legislature has realised the need to provide for additional provisions in the indian penal code and the indian evidence act to check the growing menace of dowry deaths... 6. presently, to the factual score. the instant petitions have been preferred under article 32 of the constitution of ..... within seven years of her marriage and a relative of such woman has made a request in this behalf (vide clauses 3 and 4 of the bill) (iii)the indian evidence act, 1872 is being amended to provide that where a woman has committed suicide 5 within a period of seven years from date of her marriage and it is shown that ..... , or murder of the hapless woman concerned, constitute only a small fraction of the cases involving such cruelty. it is, therefore proposed to amend the indian penal code, code of criminal procedure and the indian evidence act suitably to deal effectively not only with cases of dowry death but also cruelty to married woman by their in laws. 4 2. the following are .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-2018
..... or claiming under some common party, it is argued that case no.97/2013 and case no.68/2015 were filed by nayan raval (under different partnership firms). case no.72/2014 was filed by dahyabhai patel partner of nayan raval in apna dawa bazar. the main opposite parties in all the cases are ..... of parties.20. learned senior counsel argued that the cci wholly disregarded that these individuals are abusing the process of law and using the form of the partnership firm to play around with its jurisdiction without any regard to truth and fair play. in this context, it is urged that suppression of material facts ..... page 23 of 63 (d) issuing commissions for the examination of witnesses or documents; (e) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872(1 of 1872),requisitioning any public record or document or copy of such record or document from any office; (f) dismissing an application in default ..... in evidence as may be considered relevant and material for the proceedings. (3) subject to the provision of sub-regulation (2), the following sections of the indian evidence act, 1872 (1 of 1872), in so far as they are applicable to the matters relating to, lpa no.160/2018 page 28 of 63 (a) section ..... of science or art; in (f) take notice of the facts of which notice can be taken by a court of law under section 57 of the indian evidence act, 1872 (1 of 1872); (g) accept proceedings admit or agree in writing as proved; facts, which parties the to the (h) presume that any .....Tag this Judgment!