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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 1958 Page 1 of about 115 results (0.073 seconds)

Feb 17 1958 (HC)

Bombay Cotton Export Import Co. Vs. Bharat Suryodaya Mill Co. Ltd.

Court : Mumbai

Decided on : Feb-17-1958

Reported in : AIR1959Bom307; (1958)60BOMLR894; ILR1958Bom1351

..... karachi for registration of their firm stating that they were carrying on business in karachi and in bombay. the plaintiffs were accordingly registered on 13-1-1947 as a partnership under the indian partnership act, 1932. the plaintiffs filed this suit in the court of the civil judge, s.d. ahmedabad, on 9-3-1951 against the defendants for a decree for rs ..... of the constitution all territories for the time being comprised in the territory of india' and it was contended that the provisions relating to registration of firms under the indian partnership act read in the light of section 28 of the adaptation of laws order, 1950, indicated that the registration of a firm obtained prior to the date of the setting ..... firms, and shall file the statement.' 3. in 1947 the plaintiffs applied under section 58 in the registrar of firms appointed under the indian partnership act, 1932, for registration as a firm and they were duly registered. the indian partnership act undoubtedly applied to karachi in january 1947 and the plaintiffs were properly registered as a firm in january 1947. but the defendants contend that ..... plaintiffs contend that they were registered in karachi prior to the partition of india, as a firm under the indian partnership act and that they were entitled to rely upon that registration to avoid the bar of section 69 of the indian partnership act. section 69 of the indian partnership act, by sub-section (2), provides : 'no suit to enforce a right arising from a contract shall be .....

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Aug 20 1958 (HC)

Ulhasibai Jethmal Bagmar Vs. Bhagchand Alias Bhagwandas Nemichand Marw ...

Court : Mumbai

Decided on : Aug-20-1958

Reported in : (1959)61BOMLR103

..... pointed out by the learned author, was established by numerous decisions before the english partnership act, 1890, and the result of these decisions was incorporated in sections 29 and 30 of the said act. sections 16 and 50 of the indian partnership act would correspond to sections 29 and 30 of the english partnership act. section 16 provides:subject to contract between the partners-(a) if a partner ..... .r. 576 in which it was held that no partner has any beneficial interest on his own account in any particular estate or property of the partnership within the meaning of section 250 of the indian succession act, 1925, until the partnership is wound up and its accounts taken; and mr. jahagirdar's contention is that in respect of the dissolution of the present ..... in the hands of his brother punamchand. the purchase of the houses can in no sense be regarded as a transaction of the partnership in these circumstances.4. mr. jahagirdar further relied on section 88 of the indian trusts act. that section deals with the subject of an advantage gained by a fiduciary and it provides :where a trustee, executor, partner, agent, ..... partnership the moneys in the hands of punamchand continued to be partnership assets in which he had no beneficial interest of his own. now, this case again can .....

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Dec 09 1958 (SC)

Seth Badri Prasad and ors. Vs. Seth Nagarmal and ors.

Court : Supreme Court of India

Decided on : Dec-09-1958

Reported in : AIR1959SC559; [1959]29CompCas229(SC); 1959Supp(1)SCC769; [1959]Supp1SCR769

..... the contributions made by the appellants and also for accounts; thirdly, he has contended that on the analogy of section 69(3)(a) of the indian partnership act, 1932, it should be held that the appellants had a right to bring a suit for accounts of the association which was dissolved in february ..... the appellants, based on the analogy of section 69(3)(a) of the partnership act, it is enough to point out that under the indian partnership act, 1932, an unregistered firm is not illegal; there is no direct compulsion that a partnership firm must be registered, though the disabilities consequent on non-registration may be extremely ..... found, consisted of twenty-seven members; it was not registered and its formation was in contravention of sub-section (2) of section 4 of the indian companies act. the lower court granted the decree asked for and this was affirmed in appeal by the high court. the learned judges referred to the decision ..... triton insurance company ltd. ((1924) l.r. 52 i.a. 126, 128). in that case sub-section (1) of section 7 of the indian stamp act (ii of 1899) was pleaded as a bar before their lordships of the privy council, the section not having been pleaded earlier and having passed unnoticed ..... at the relevant time when the association as formed at budhar and he has further conceded that the said provision was in force till the indian companies act came into force in the said area in 1950. we must, therefore, decide the preliminary point on the basis of the provision in .....

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Sep 24 1958 (HC)

Manvi Brothers Vs. Commissioner of Income-tax, Bombay South

Court : Mumbai

Decided on : Sep-24-1958

Reported in : [1960]39ITR173(Bom)

..... and losses in the said concerns shall be equal; and clause 8 provides that the relation of the parties shall be governed by; the indian partnership act of 1932. the partnership deed is signed by the father and son and by the mother on behalf of the minor sons. 3. now, the view taken by ..... a case where the minors were admitted into the benefits of the partnership. but in clause 8 it is specifically stated that the relation of the parties shall be governed by the indian partnership act. so the parties were aware of the partnership law and we must assume that they were cognisant of the fact ..... was whether the order of the income-tax appellate tribunal was legal because it took into consideration the question of the existence or otherwise of the partnership when the only ground of appeal was whether the firm would be registered on the ground that the shares of the minors were not specified. ..... our opinion, taking all the circumstances into consideration, the view subsequently taken by the tribunal is the right view as to the true construction of this partnership deed. the right view is that it was the widow who became a partner with the other partners, although she may have represented her minor sons ..... could not be given to it, then the tribunal was overlooking the fact that the registration was being sought for the year 1949-50, and the partnership deed would be retrospective only to the extent of the first eight days of april. further, as far as this registration was concerned, the tribunal .....

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May 12 1958 (HC)

Sm. Padmabati Paul and ors. Vs. Pannalal Paul and ors.

Court : Kolkata

Decided on : May-12-1958

Reported in : AIR1959Cal156

..... vouchers and goodwill shall vest in and belong to hooseinbhoy. this award was challenged, inter alia, on the ground that the above provisions run counter to section 48 of the indian partnership act. the award was attacked on the ground that notwithstanding the award, the petitioner continues to be liable to third parties for the entire ..... the said suit the plaintiffs made an application for the appointment of receiver. thereupon, the defendants made an application under section 34 of the indian arbitration act for stay of the suit on the ground that the partnership agreement contained an arbitration clause. 2. it appears that on 31-1-1957 a consent order of reference was passed by this court in both ..... the suit and the pending matter under the indian arbitration act. on the date of the order the following matters were pending: (1) the suit for dissolution of partnership, (2) an application for the appointment of receiver in that suit, and (3) the application for stay of the suit under ..... section 34 of the indian arbitration act. 3. mr. r. chowdhury, learned counsel for the petitioners contends that it is a reference made in a .....

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Aug 01 1958 (HC)

Shyamlal Roy Vs. Madhusudan Roy and ors.

Court : Kolkata

Decided on : Aug-01-1958

Reported in : AIR1959Cal380

..... dutt lane, instituted by the firm of ganga sagar saha ananda mohan saha haro mohan saha brojo-mohon saba a partnership firm duly registered under the indian partnership act. without such an averment the suit would be incompetent under section 69 of the indian partnership act. the decree is a consent decree and the plaintiff firm was never called upon to prove that it is a ..... in evidence. the two registration certificates with respect to the firm of harimohon brojomohon saha appear to be identical. it appears that the partnership was registered on the basis of a statement required for registration under the indian partnership act. no partnership deed appears to have been tendered. the most important part of this particular certificate is the name of the partners. it appears from ..... registered partnership. it is clear from the letter of the registrar of firms written in 1944 and noticed before that at the time when the suit was ..... an illegal association, for gain when the number exceeds twenty. it is pointed out that when the number exceeds the permissible number set out in s. 4 of the indian companies act, the partnership would stand automatically dissolved. in such a contingency whether the assets of the members are divisible and, if so, whether a suit for that purpose lies by any member .....

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Dec 08 1958 (HC)

Addanki Narayanappa and ors. Vs. Bhaskara Krishtappa and ors.

Court : Andhra Pradesh

Decided on : Dec-08-1958

Reported in : AIR1959AP380

..... personality for all purposes, and also for the settlement of the claims of the partners inter se. the law in india is not different. sections 14 and 15 of the indian partnership act of 1932 speak about what would constitute the property of a firm and declare that such property shall be held and utilised for the purpose of the ..... dissolution of the partnership as such on one of the partners retiring from the partnership. 4. it would be useful to consider the position in law of the right of the share of a partner in a ..... partnership, for, that would determine as to whether it is movable or immovable property what is ..... of the contract act related to the rights determining the partners' mutual relations and sub-section (7) of section 253 enacted that if from any cause whatsoever any member of partnership ceases to be so, the partnership automatically dissolves as between all other members. while this was the position under the contract act, such a position does not arise under the indian partnership act. there is no .....

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Aug 08 1958 (HC)

Jaldu Anantha Raghurama Arya Vs. Jaldu Bapanna Rao and ors.

Court : Andhra Pradesh

Decided on : Aug-08-1958

Reported in : AIR1959AP448

..... of partnership are set out at p. 302, mulla's indian partnership act (2nd edition) as follows;'(1) there must be an agreement entered ..... maintained that the essence of partnership is an agreement between the parties to share the profits and in the case of legatees or donees that element being absent they could not constitute a substantiate this, our attention is invited to the definition. of partnership in section 4 of the indian partnership act as also to some passages in mulla's indian partnership act (2nd edition). the ingredients ..... into by all the persons concerned; (2) the agreement must be to share the profits of a business; and (3) the business must be carried on by all or any of the persons concerned, acting for .....

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Jan 14 1958 (HC)

Haji Abdul Shakoor Vs. the Rent Control and Eviction Officer, Kanpur a ...

Court : Allahabad

Decided on : Jan-14-1958

Reported in : AIR1959All440

..... a certificate of the registrar of firms, uttar pradesh, to prove that the firms had been duly registered under section 68 of the indian partnership act.4. the rent control and eviction officer heard all the four applications and the petitioner's objection together on 10-9-1956. he ..... below).the fact that there was no intention to create a partnership was clear from the deed and the surrounding circumstances considered together. learned counsel relied on section 6 of the indian partnership act, which lays down that regard must be had to the real relation between the parties, ..... intention of the parties who executed the deed of partnership. did they have any intention to enter into a contract of partnership? he contended that they had none. mr. kakkar conceded that the terms of the deed were not in contravention of the partnership act (this is not quite correct as discussed by me ..... it out of the statute prohibiting usury, 'the wit of man could mot find a shift to take it out of the act.' a transaction may be ostensibly a partnership but in reality an usurious loan. in that case, the court will be entitled to examine the circumstances and see whether the ..... principal defence was that the two notes in question were given for wagering contracts and were therefore void under section 30 of the indian contract act and under the bombay act iii of 1865. the plaintiffs contention in that case was very similar to the petitioner's in this present was contended .....

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Sep 04 1958 (HC)

Mohammed Musa Sahib (Died) and ors. Vs. N.K. Mohammed Ghouse Sahib and ...

Court : Chennai

Decided on : Sep-04-1958

Reported in : (1959)2MLJ424

..... . also see, mohammad tusuf v. pirmohammad a.i.r. 1922 nag. 67. mamooji v. tayebali a.i.r. 1933 sind. 210. see the full discussion in om prakash aggarwala. 'the indian partnership act, p. 70' and following citing chimaram motlal v. jayantilal : air1939bom410 . madho prasad v. gouri dutt a.i.r. i939 pat. 323. band ram v. jagan nath a.i.r. 1935 ..... all. all these elements must be present before a number of persons can be called partners (see g. n. sinha on partnership act, 1957 edition, page 17) ; pollock and mulla. 'the indian sale of goods and the indian partnership acts' second edn., p. 302). in this case the first requirement has been fulfilled.7. but the second element, namely, that the agreement must be to share ..... in india and pakistan.'12. therefore, the analysis of the terms of the indenture, though cast in the form of a partnership deed, does not fulfil the requirements of a partnership within the meaning of the partnership act. therefore, the lower appellate court came to the correct conclusion that the plaintiffs were not entitled to the reliefs asked for and rightly dismissed the suit ..... .l.j. 12 : i.l.r. mad. 308. mamooji v. tayebali : air1925mad768 chockkalinga v. muthuswami : air1925mad768 . if we analyse section 4 of the partnership act there must be three elements present before any relation, which may be termed partnership, can come into existence : (1) there must be agreement entered into by all the persons concerned ; (2) the agreement must be to share the .....

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