Skip to content


Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Year: 2018 Page 7 of about 144 results (0.062 seconds)

Jul 23 2018 (HC)

The Commissioner of Income Tax Vs. M/S Prakash Electric Company

Court : Karnataka

Decided on : Jul-23-2018

..... . the commissioner of income tax & anr. vs. m/s prakash electric company 29/30 cit(a) fell in error in affixing such liability on the partnership firm.25. the provisions of section 47a(3) of the act are very clear in this regard and if any of the conditions laid down in clause (a) or clause (e) of proviso to clause (xiii ..... . he further submitted that while the assessing authority and the cit(a) had imposed such capital gains tax on the erstwhile partnership firm, the tribunal shifted the said tax liability on the successor company, invoking section 47a of the act. he also submitted that upon initiation of the reassessment proceedings on the assessee-company by the assessing authority under section 147/148 ..... . the commissioner of income tax & anr. vs. m/s prakash electric company 8/30 capital gains tax on the partnership firm vide assessment order annexure b dated 30.03.2005 under section 143(3) of the act read with section 147 of the act for assessment year 2000-01 and tax liability on the capital gains of rs.1,33,43,710/- to ..... providing the exemption from tax in the form of clause(xiii) by taking out such transfers of capital assets from partnership firm to limited company out of the ambit and scope of transfer attracting capital gains tax under section 45 of the act. learned counsel for the revenue also submitted that the provisions of clause (xiii) of section 47 also envisages the .....

Tag this Judgment!

Jul 23 2018 (HC)

M/S Fidelity Business Services India Pvt Ltd Vs. Assistant Commissione ...

Court : Karnataka

Decided on : Jul-23-2018

..... tax, bareilly, [2017].84 taxmann.com 64 wherein dealing with the case of a partner who introduced a capital of ````12,20,000/- in the partnership firm and explained that capital contribution to have been received by her as gifts and the donors of such gifts were also produced before the assessing authority ..... shares from almost a single shareholder only, viz., the mauritius company, a holding company which held 99.99% of the share holding of the assessee indian company so as to ascertain the fair market value of the shares which can certainly be determined with the relevant data and evidence available with the respondent ..... started its business in india and which was nothing but an avoidance of tax payment in india by shifting of huge reserves and surpluses of the indian company to its mauritius holding company where too, on the holding mauritius company also, no capital gains tax could be levied as article 13 of ..... again by the assessing authority on the said issue of fair market price of shares, vis- -vis buy-back price of the shares by the assessee indian subsidiary company.12. the relevant para 7 of the order of the learned tribunal is quoted below for ready reference:- 7. however, there is another ..... the tribunal had agreed with the assessee that the said buy-back of shares and payments made by the indian company could not be treated as dividend under section 2(22)(d) of the act, towards the end of para 6 of the impugned order of the tribunal, the learned tribunal had clearly held .....

Tag this Judgment!

Jul 20 2018 (SC)

Indian Bank Vs. K. Pappireddiyar

Court : Supreme Court of India

Decided on : Jul-20-2018

..... registered power of attorney, the first respondent appointed n k arumugham as his attorney and authorised him to sell or mortgage the property. arumugham was the managing partner of the partnership farm and had mortgaged the property in favour of the appellant. the first respondent was a guarantor. in 1993, building was constructed and machines were installed by the borrowers ..... ;'. 8 the expression security interest , both before and after the amendment, excludes what is specified in section 31. clause (i) of section 31 stipulates that the provisions of the act will not be applicable to any security interest created in 5 agricultural land. the statutory dictionary in section 2 does not contain a definition of the expression agricultural land . whether ..... favour of any secured creditor and includes any mortgage, charge, hypothecation, assignment other than those specified in section 31; clause (zf) was substituted with effect from 1 september 2016 by act 44 of 2016. at present, the expression is defined as follows : '(zf) "security interest" means right, title or interest of any kind, other than those specified in section 31, ..... at madras under article 226. the high court dismissed the petitions. it held that since a security interest had been created in agricultural land, the provisions of the sarfaesi act were not attracted. 4 aggrieved by the judgment and order of the madras high court, the bank and the auction purchaser instituted proceedings before this court under article 136 of .....

Tag this Judgment!

Jul 18 2018 (HC)

Kasha Elizabeth Vande vs.ministry of Home Affairs and Ors.

Court : Delhi

Decided on : Jul-18-2018

..... was granted to the petitioner. the business visa entitled the petitioner to visit india for commercial purpose. the petitioner was also not permitted to set up any proprietorship firm or partnership firm in india. thus, there can be little doubt that the petitioner had, in fact, violated the visa conditions by engaging in activities that did not strictly w.p.(c ..... a business concern (a caf ) named as kka exports pvt. ltd. also known as kasha ki asha? (hereafter kka?) in puducherry. the said business concern was a retail business offering indian products. it is also stated by the petitioner that she has been listed on lonely planet a globally reputed travel guide for the last fourteen years. in the meanwhile, the ..... foreigners. all that is guaranteed to them is protection to life and liberty in accordance with the laws of the land. this is conferred by article 21 .35. the foreigners act confers the power to expel foreigners from india. it vests the central government with absolute and unfettered discretion and, as there is no provision fettering this discretion in the constitution .....

Tag this Judgment!

Jul 17 2018 (HC)

Dal Singar and Ors vs.material Movement Pvt Ltd

Court : Delhi

Decided on : Jul-17-2018

..... he stated that his wife and subhash chand arora, who was his brother, were initially partners in m/s. subhash engineering works but that, thereafter, subhash arora withdrew from partnership in the said firm. he further admitted that it (was) that the workers had union in both the establishment i.e. material movement private limited and international engineering works. ..... jurisdiction of (emphasis and underlining supplied) 40. it is interesting to note that, while clearly holding, in the above extracted passages of its decision in workmen of the indian leaf tobacco development co ltd (supra), that the industrial tribunal did not possess the jurisdiction to direct opening of a closed industrial undertaking, or continuance of any part of the ..... the closure is attributable to unavoidable circumstances beyond the control of the respondent, only limited compensation, as contemplated by the proviso to section 25 fff(1) of the id act would be available to the petitioners. on the other hand, if the closure is not attributable merely to unavoidable circumstances beyond the control of the respondent, the petitioners- ..... managerial function, regarding which no industrial dispute could be maintained or, consequently, referred for adjudication and that, therefore, in adjudicating on the said issue, the industrial tribunal was acting in excess of its jurisdiction. this objection was sustained by the industrial tribunal, on the ground that closure of a depot did not amount to closure of the business .....

Tag this Judgment!

Jul 16 2018 (HC)

l.t. Overseas, North America vs.sachdeva and Sons Industries Pvt. Ltd.

Court : Delhi

Decided on : Jul-16-2018

..... shall have any right to permit the use of any of the brands, trade marks, copyrights and intellectual property rights by any other person, whether in partnership, leave, franchisee or otherwise and on sale/assignment/transfer of any of the brands, trade marks and/or copyrights etc., and the net consideration- value ..... by both the parties. no party as such will have any right to permit the use of any of the trade marks by any other person, whether in partnership, leave, license, franchisee or otherwise. on sale / assignment / transfer of any of the trade mark and / or copyright, the net consideration value shall ..... 41 (c) that defendants no.6&7 ssipl and sachdeva & sons rice mills ltd. are closely knit family owned companies in the nature of quasi partnership in which the plaintiffs and the defendants no.1 to 5 have substantial share and interest; (d) that sachdeva family has valuable proprietary rights in the ..... cs(comm) 749/2016 page 23 of 41 citing with approval m. gandhi s book on equity, trusts and specific relief authoring that section 88 of the indian trusts act applies to a director of a company; (iv) shanti vijay and co. vs. princess fatima fouzia (1979) 4 scc602 where, observing that since nobody ..... sachdeva has a right to interfere in exercise of rights by ashok sachdeva under clause 2 of the master mou.29. per section 3 of the indian trusts act, 1882, a trust is an obligation annexed to the ownership of property, and arising out of a confidence cs(comm) 264/2016 & cs(comm .....

Tag this Judgment!

Jul 16 2018 (HC)

Vinod Kumar Sachdeva & Ors vs.ashok Sachdeva & Ors

Court : Delhi

Decided on : Jul-16-2018

..... shall have any right to permit the use of any of the brands, trade marks, copyrights and intellectual property rights by any other person, whether in partnership, leave, franchisee or otherwise and on sale/assignment/transfer of any of the brands, trade marks and/or copyrights etc., and the net consideration- value ..... by both the parties. no party as such will have any right to permit the use of any of the trade marks by any other person, whether in partnership, leave, license, franchisee or otherwise. on sale / assignment / transfer of any of the trade mark and / or copyright, the net consideration value shall ..... 41 (c) that defendants no.6&7 ssipl and sachdeva & sons rice mills ltd. are closely knit family owned companies in the nature of quasi partnership in which the plaintiffs and the defendants no.1 to 5 have substantial share and interest; (d) that sachdeva family has valuable proprietary rights in the ..... cs(comm) 749/2016 page 23 of 41 citing with approval m. gandhi s book on equity, trusts and specific relief authoring that section 88 of the indian trusts act applies to a director of a company; (iv) shanti vijay and co. vs. princess fatima fouzia (1979) 4 scc602 where, observing that since nobody ..... sachdeva has a right to interfere in exercise of rights by ashok sachdeva under clause 2 of the master mou.29. per section 3 of the indian trusts act, 1882, a trust is an obligation annexed to the ownership of property, and arising out of a confidence cs(comm) 264/2016 & cs(comm .....

Tag this Judgment!

Jul 13 2018 (HC)

Sabinder Kaur & Ors. Vs.state ( Govt. Of Nct of Delhi) & Anr.

Court : Delhi

Decided on : Jul-13-2018

..... respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under ipc or offences of moral turpitude under special crl.m.c. 4923/2014 & connected matters page 7 of 10 such financial, partnership or statutes, like the prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between the offender ..... civil and are given or acquire a criminal dimension but the parties are essentially seeking a financial or commercial claim. redressal of their (d) minor offences as under section 279 ipc may be permitted to be compounded on the basis of legitimate settlement between the parties. yet crl.m.c. 4923/2014 & connected matters page 5 of 10 another offence which ..... particularly where other offences are compoundable. it may be added here that the state of madhya pradesh vide m.p. act 17 of 1999 (section3) has made sections 506(ii) ipc, 147 ipc and 148 ipc compoundable offences by amending the schedule under section 320 crpc. (e) the offences against human body other than murder and culpable homicide where the victim dies in the ..... demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. no doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the .....

Tag this Judgment!

Jul 13 2018 (HC)

Manpreet Singh & Ors. Vs.the State & Anr. (govt.of Nct of Delhi)

Court : Delhi

Decided on : Jul-13-2018

..... respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under ipc or offences of moral turpitude under special crl.m.c. 4923/2014 & connected matters page 7 of 10 such financial, partnership or statutes, like the prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between the offender ..... civil and are given or acquire a criminal dimension but the parties are essentially seeking a financial or commercial claim. redressal of their (d) minor offences as under section 279 ipc may be permitted to be compounded on the basis of legitimate settlement between the parties. yet crl.m.c. 4923/2014 & connected matters page 5 of 10 another offence which ..... particularly where other offences are compoundable. it may be added here that the state of madhya pradesh vide m.p. act 17 of 1999 (section3) has made sections 506(ii) ipc, 147 ipc and 148 ipc compoundable offences by amending the schedule under section 320 crpc. (e) the offences against human body other than murder and culpable homicide where the victim dies in the ..... demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. no doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the .....

Tag this Judgment!

Jul 13 2018 (HC)

Manpreet Singh & Ors. Vs.the State & Ors. (Govt. Of Nct of Delhi)

Court : Delhi

Decided on : Jul-13-2018

..... respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under ipc or offences of moral turpitude under special crl.m.c. 4923/2014 & connected matters page 7 of 10 such financial, partnership or statutes, like the prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between the offender ..... civil and are given or acquire a criminal dimension but the parties are essentially seeking a financial or commercial claim. redressal of their (d) minor offences as under section 279 ipc may be permitted to be compounded on the basis of legitimate settlement between the parties. yet crl.m.c. 4923/2014 & connected matters page 5 of 10 another offence which ..... particularly where other offences are compoundable. it may be added here that the state of madhya pradesh vide m.p. act 17 of 1999 (section3) has made sections 506(ii) ipc, 147 ipc and 148 ipc compoundable offences by amending the schedule under section 320 crpc. (e) the offences against human body other than murder and culpable homicide where the victim dies in the ..... demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. no doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //