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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 1956 Page 1 of about 60 results (0.068 seconds)

Feb 17 1956 (SC)

Dulichand Lakshminarayan Vs. the Commissioner of Income-tax, Nagpur

Court : Supreme Court of India

Decided on : Feb-17-1956

Reported in : AIR1956SC354; [1956]29ITR535(SC); (1956)IMLJ164(SC); [1956]1SCR154

..... applied first in the payment of his separate debts and the surplus, if any is utilised in meeting the debts of the firm (see section 49 of the indian partnership act, 1932). in the indian income tax act itself a firm is, by section 3, which is the charging section, made a unit of assessment. 18. it is clear from the foregoing discussion that the ..... county, which operates to exclude the application of that definition to the word 'person' occurring in section 239 of the indian contract act. in our opinion, the word 'persons' in section 4 of the indian partnership act, which has replaced section 239 of the indian contract act, contemplates only natural or artificial, i. e., legal persons and for the reasons stated above, a firm is not ..... in these circumstances to import the definition of the word 'person' occurring in section 3(42) of the general clauses act, 1897 into section 4 of the indian partnership act will, according to lawyers, english or indian, be totally repugnant to the subject of partnership law as they know and understand it to be. it is in this view of the matter that it has been ..... ascertain what a firm is and how it can be created. 13. turning, then, to the indian partnership act, 1932 we come to section 4 which defines 'partnership', 'partner', 'firm' and 'firm name' in the words following :- 4. definition of 'partnership', 'partner', 'firm' and 'firm name' :- 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by .....

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Dec 04 1956 (HC)

Dawjee Dadabhoy and Co. Vs. S.P. JaIn and anr.

Court : Kolkata

Decided on : Dec-04-1956

Reported in : AIR1957Cal244

..... have been heard together and the questions of fact and law are common. the facts are briefly as follows:--2. the petitioner in all these applications is a partnership firm duly constituted under the indian partnership act. it is stated that' the firm was established as early as 1894 and has continued all along, except for reconstitution of the personnel from time to-time ..... , with the death or retirement of a partner and/or admission of a new partner or legal heir of a deceased partner. it appears also that the partnership deed was accordingly ..... about july 2, 1953. the latest partnership deed is dated 31st august 1954. in these applications we are concerned with the income-tax assessment years 1950/51, 1951/52, 1952/53 and 1953/54. for all these years, the firm has been assessed as a registered firm, that is to say, registered under the indian income-tax act. in other words, it was ..... follows:--26a (1)--'an application may be made to the income-tax officer on behalf of any firm, constituted under an instrument of partnership specifying the individual shares of the partners, for registration for the purposes of this act and of any other enactment for the time being in force relating to income-tax or super-tax.'(2). -- 'the application shall be .....

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Dec 04 1956 (HC)

Dawjee Dadabhoy and Co. Vs. S. P. JaIn and Another.

Court : Kolkata

Decided on : Dec-04-1956

Reported in : [1957]31ITR872(Cal)

..... the questions of fact and law are common. the facts are briefly as follows :the petitioner in all these applications is a partnership firm duly constituted under the indian partnership act. it is stated that the firm was established was early as 1894 and has continued all along except for constitution of the ..... personnel from time to time, with the death or retirement of a partner and/or admission of a new partner or legal heir of a deceased partner. it appears also that the partnership ..... may be made to the income-tax officer on behalf of any firm, constituted under an instrument of partnership specifying the individual shares of the partners, for registration for the purposes of this act and of any other enactment for the time being in force relating to income-tax or super-tax.( ..... an verified in the manner stated therein. it must be remembered that under section 26a of the act, registration can only be granted to a firm which is constituted under an instrument of partnership, that is to say, a written document, which document must specify the individual shares of the partners ..... .before i proceed further it will be necessary for me to advert to the law of registration of firms under the indian income-tax act. under the said act, a firm can be assessed as a separate entity. in the normal course, therefore, marim would be assessed on its total .....

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Feb 09 1956 (HC)

Hiralal Barman and ors. Vs. Sub-divisional Officer, Hathras and anr.

Court : Allahabad

Decided on : Feb-09-1956

Reported in : AIR1956All428

..... partners and collectively a firm; and under section 25 of that act (read with the definition of 'act of the firm' in section .2) every partner is liable severally and jointly with all the ..... that a firm 'cannot be found' within the meaning of section 26(2), indian income-tax act when it has been dissolved. the commissioner had dissociated the partners in the firm from the firm itself, but this in the opinion of the court was going too far.14. under the indian partnership act, 1932, a firm has no legal existence; its members are called individually ..... , club or association which sells or supplies goods to its members but it does not include any department of the state government or the indian union.section 3 of the act provides that subject to the provisions of the act every dealer shall pay on turnover in each assessment year a tax at three pies a rupee. section 8 lays down that 'the ..... learned single judge has accordingly referred to this bench the question whether arrears of sales tax due from a partnership firm can be recovered from the partners individually.11. the argument for the petitioners is that for the purposes of the sales tax act a firm is a legal entity distinct from its members, and that sales tax assessed on the firm .....

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Jan 25 1956 (HC)

David Mitchell Vs. Commr. of Income-tax, West Bengal

Court : Kolkata

Decided on : Jan-25-1956

Reported in : AIR1956Cal516,[1956]30ITR701(Cal)

..... observations of the judicial committee in the case of -- 'bhagwanji morarji goculdas v. the alembic chemical works co. ltd. . assuming that a firm under the indian partnership act is a distinct entity for certain purposes, i asked mr. choudhury whether, if his client had received a gift voluntarily made to him by some other person, ..... remove a sum of money from one box to another and say that a loss had been suffered by him. mr. choudhury contended that under the indian partnership act, the firm was a distinct entity, separate and different from the partners at least to some extent, and that therefore it was possible that there ..... fall directly on the partners themselves. although a firm may be, for certain very limited purposes, an entity under the indian partnership act, the true character of a firm as merely an assemblage or combination of the several partners constituting it has not been affected by the ..... which was an employment of profit and there was thus no substantial difference between the old and the new provisions. since section 7 of the indian act is to be excluded in the present case, the question for us is whether the amount in question arose as a gain or profit out ..... namely, 1947-48 and 1948-49. the relative accounting years are different, according as the income concerned is the partnership income of the assessee or income from other sources. with respect to the partnership income, the accounting years are those ended on 30,4-1946 and 30-4-1947, but with those accounting .....

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Oct 24 1956 (HC)

In Re: R.D. Fernandes

Court : Chennai

Decided on : Oct-24-1956

Reported in : [1957]8STC365(Mad)

..... not as helpless as the revision petitioners seem to imagine. the consequences following the dissolution of a firm are provided for in sections 45 to 55 of the indian partnership act. these sections deal with the various consequences which follow on dissolution of a firm. the important questions considered are : (i) rights of partners after dissolution ..... net turnover of rs. 1,11,825-12-0? in its 'a' return submitted for the year ending 31st march, 1951.3. this firm is a partnership concern dealing in tiles and ridges. its two partners are messrs. a.m. fernandes and r.d. fernandes, who are related to each other. the head ..... (sections 46 and 47); (ii) method of settling partnership accounts (section 48); (iii) discharge of partnership debts (section 49); and (iv) rules as regards sale of goodwill (section 55). this state debt will be recoverable from and out of ..... the partnership assets even after dissolution and in the hands of the partners or otherwise. how the state of madras propose to collect this debt ..... state. but this contention was rightly repelled by the lower court because this firm did not apply for licensing and exemption under section 8 of the act. there was no proof adduced to show that it was merely a commission agent. the burden of proving that a transaction is exempt is on .....

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Nov 30 1956 (HC)

Jagat Behri Tandon and anr. Vs. Sales Tax Officer and anr.

Court : Allahabad

Decided on : Nov-30-1956

Reported in : [1957]8STC459(All)

..... any firm or hindu joint family and any society, club or association, which sells goods to its members;....' it is no doubt true that under the indian partnership act, 1932, a firm has no legal existence, but this court has held in shri hira lal barman and ors. v. the sub-divisional officer, hathras ..... bans gopal amar nath and each of the three partners had a one-third share. on the 16th july, 1950, amar nath retired from the partnership and on the following day the firm was reconstituted, the name being changed to messrs. bans gopal kedar nath and the partners being the appellant and ..... of mr. justice chaturvedi dated the i7th january, 1955, dismissing a petition under article 226 of the constitution.2. in 1948 the appellant entered into partnership with two other persons, amar nath and kedar nath, for the purpose of dealing in bullion and ornaments and in forward contracts in gold and silver ..... of opinion that the two assessment orders were valid orders and he accordingly dismissed the petition.3. the appellant's principal contention is that a partnership firm cannot, after it has been dissolved, be assessed to sales tax. it was further argued, although the point was not very strongly pressed ..... tax by dissolution before it has been assessed, and this aspect of the matter clearly influenced the learned judge. the question is however whether the act makes provision for the assessment and collection of tax in such circumstances. in our opinion it does not.6. the position which arises on the .....

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Apr 03 1956 (HC)

Vetcha Sreeramamurthy Vs. the Income-tax Officer Vizianagaram, and Ano ...

Court : Andhra Pradesh

Decided on : Apr-03-1956

Reported in : [1956]30ITR252(AP)

..... section 26a of the indian income-tax act, but, for the assessment year 1945-46 the income-tax officer refused to ..... court considered the question in some detail. there, the petitioners carried on business in co-partnership under the name and style of ladhuram taparia from the 28th of february, 1941. the firm was registered under the indian partnership act. for the assessment year 1943-44 and 1944-45, the firm was registered under ..... committee in alcock, ashdown & company ltd. v. chief revenue authority, bombay, where, interpreting the word 'may' in section 51 of the indian income tax act, 1918, empowering the commissioner to state a case to the high court, lord phillimore observed :'and as the learned counsel for the respondent rightly ..... have to consider something more than the mere words used in section 45. this section was passed, after a long chain of authorities, both indian and english, had established that though a discretionary power is given to public authority, there may be circumstances which couple with the power a ..... decisions. in maxwell on the interpretation of statutes, both edition, the following passage appears at page 239 :'statutes which authorise persons to do act for the benefit of other, or as it is sometimes said for the public good or the advancement of justice, have often given rise .....

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Apr 11 1956 (HC)

M.P.V. Sundararama Iyer and Company Vs. V.V.C.R. Murugesa Mudaliar

Court : Chennai

Decided on : Apr-11-1956

Reported in : AIR1957Mad228

..... been sold by private treaty and that too without previous nottce. there is a discussion about the law on the subject in the indian sale of goods and the indian partnership acts by pollock and mulla at pages 231 and 232 to the following effect:-'the question whether a seller of goods has the right or ..... 89) (c), regarding the import of the .term 'deposit' and observing that the connotation put upon it in the english courts should not be applied to indian contracts, held that the defaulting purchaser is entitled to a refund of the advance paid.even if therefore, the plaintiffs broke the contract they are entitled to get ..... of thedecision in , do not contain any clause resembling clause4 of ex. a-l.20. in discussing the applicability of section 35 of the sale of goods act, kaushalendra rao, j. in kamiruddin kadibhal and co. v. municipal committee, anjangaon municipality air 1951 nag 148 (g) observed that it is not an ..... seller of goods is not bound to deliver them until the buyer applies for delivery' and the words used in section 35 of the sale of goods act are 'apart from any express contract' in the place of 'in the absence of any special promise'. but the facts of. that particular caseshow that ..... required to take it' therefore there has been an express contract which would not make the general provisions of section 35 of the sale of goods act applicable. , if this decision is to be followed, then there is no doubt whatever that there is no obligation cast upon the plaintiffs to apply .....

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Mar 28 1956 (HC)

Banwarilal Garodia Vs. Joylal Hargulal

Court : Kolkata

Decided on : Mar-28-1956

Reported in : AIR1956Cal467

..... orderp.b. mukharji, j.1. this is an application by the petitioner banwarilal garodia, a registered firm under the indian partnership act to declare award no. 484 of 1954 dated 31-3-1954 of the bengal chamber of commerce illegal and invalid and ..... state of bombay v. ad-amjee hajee dawood and co.' reported in : air1951cal147 , where the court of appeal here stated that section 32, arbitration act did not bar a suit challenging the validity of a contract simply because the contract contained an arbitration clause. that case, however, did not at all ..... arbitrators would have had no jurisdiction and consequently their award would be a nullity, and therefore there is no need to invoke section 35 of the act to render it invalid. tosay therefore that because the suit challenges the very basis of the arbitration clause it covers the 'whole of the subject ..... actually continuing and therefore reference to arbitration is no longer a future possibility but a past event. analysing further the language of section 35, arbitration act it must be emphasised that the legal proceeding must be 'upon the whole of thesubject matter of the reference'. in my opinionhe applicants who themselves ..... before the notice of the legal proceeding is given to the arbitrators. in order to render arbitration proceedings invalid within the meaning of section 35 of the act, it is necessary therefore, that three very important and distinct conditions must be satisfied namely (1) first that a 'legal proceeding' must be commenced, .....

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