Court : Supreme Court of India
Decided on : Apr-21-1960
Reported in : AIR1960SC1147; (1961)63BOMLR208; 40ITR1(SC); 3SCR620
..... is a partnership between the coparcener individually and his other partners (see kshetra mohan sannyasi charan ..... coparcener, even when he is the karta, entering into partnership (1)  s.c.r. 961. with others in carrying on a business is equally well settled. the partnership that is created is a contractual partnership and will be governed by the pro . visions of the indian partnership act, 1932. the partnership is not between the family and the other partners; it ..... sadhukhan v. commissioner of excess profits tax, west bengal) (1). the coparcener is undoubtedly accountable to the family for the income received, but the partnership is exclusively ..... it could be said that the firms of bombay and banaras constituted the affairs of the hindu undivided family. the businesses in bombay and banaras, according to the partnership act, belonged to nandlal and others. we are, therefore, of opinion that for assessment years 1945-46 ... the hindu undivided family was not resident in the taxable territories .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-01-1960
Reported in : AIR1961SC680a; 41ITR528(SC); 2SCR821
..... among the three others. though kantilal kasherdeo was a minor, he was admitted as a full partner and not merely to the benefit of the partnership, as required by section 30 of the indian partnership act. to the instrument of partnership, kantilal kasherdeo was also a signatory, though immediately after his signature there was the signature of one kasherdeo rungtathe, the natural guardian of the ..... him as a partner ; but it does not render a minor a competent and full partner. for that purpose, the law of partnership must be considered, apart from the definition in the income-tax act. 10. section 30 of the indian partnership act clearly lays down that a minor cannot become a partner, though with the consent of the adult partners he may be admitted ..... to the benefits of partnership. any document which goes beyond this section cannot be regarded as valid for the purpose of registration. registration can ..... march 27, 1946, created a valid partnership (2) if the answer to question no. 1 is in the affirmative, whether the fact that on january 1, 1946, there was no firm in existence would be fatal to the application for registration of the firm under section 26a of the indian income-tax act or whether the firm could be registered with effect from .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-18-1960
Reported in : AIR1961Bom65; (1960)62BOMLR753
..... come up before me under clause 36 of the letters patent for the determination of the questions following:--'whether in view of the provisions contained in section 69 of the indian partnership act, 1932, the present petition is maintainable and what provisions should be made for the costs of the parties to the petition.'there has been a difference of opinion between mr ..... ' used in section 69(3) cannot be construed so as to embrace an application made under section 8 of the indian arbitration act, 1940.17a. in the result, the question whether in view of the provisions contained in section 69 of the indian partnership act, 1932, the present petition is maintainable, is answered in' the affirmative.18. as regards costs, there is no reason to ..... appointed by consent of all the parties. in my view, the right to make an application under section 8 of the arbitration act is not a right arising from a contract within the meaning of section 69 of the indian partnership act, 1932.6. the next point to be considered is whether an application under section 8 is covered by the words 'other proceeding ..... 8 provided there was no other impediment in doing so. mr. justice mudholkar considered that section 69 of the indian partnership act, 1932, constituted such an impediment. mr. justice naik was of the contrary opinion. sub-sections (1) and (3) of section 69 of the indian partnership act, 1932, provide as follows:--'69(1). no suit to enforce a right arising from a contract or conferred .....Tag this Judgment!
Court : Chennai
Decided on : Apr-01-1960
Reported in : AIR1961Mad122; 31CompCas378(Mad); (1961)1MLJ323
..... counsel appearing for the appellants referred to us several sections of the indian partnership. act and contended that a firm of partnership is as good as an incorporated company. we are unable to perceive the relevance of the reference to the provisions of the indian partnership act; nor can we appreciate the soundness of the contention that a ..... laws of england, vol. ii, 3rd edn. at page 150, paragraph 277, the said terms are defined as follows :'a 'banker' is an individual, partnership or corporation, whose sole or predominating business is banking, that is the receipt of money on current or deposit account and the payment of cheques drawn by ..... defendants firm it must be taken to be an implied term of the contract that the repayment of the debt was to be in india in indian currency. a point, which was stressed by the learned counsel for the appellants to substantiate the contention that the deposits were repayable only at ..... not be open to the defendant firm to insist upon paying in burmese currency at dabein in respect of a loan obtained by him in indian currency.the court can take judicial notice of the fact that the rupee in burma today is of a different value from the rupee in ..... performed.'in the present case all the contracting parties, the plaintiffs and defendants are permanent residents of india. the amounts deposited were in terms of indian currency. it is true that at the time when the deposits were made burma was a part of india. when one nattukottai chettiar lends money .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-14-1960
Reported in : AIR1961Bom277; (1960)62BOMLR972; ILR1960Bom1034
..... the award made by the respondent no. 1 the industrial tribunal, bombay, on 31st august 1959, in reference (cgit) no. 7 of 1959.2. the petitioners are a partnership firm registered under the indian partnership act, 1932, and carry on business as (1) gearing and shipping agents. (2) insurance agents (3) godown keepers and (4) cotton supervisors and controllers. the petitioners have ..... fact that there is a head office supervision of the four different departments and ultimate amalgamation of the accounts of the four departments in the final accounts of the partnership? are the four different departments functionally integrated or by reason of the conditions of transferability or seniority amongst the clerical cadre, can the four departments be treated as ..... head office but they are ultimately amalgamated inter alia tor the purpose of income-tax payable by the concern and no doubt also for the general purpose of the partnership'.as to the conditions of service of the clerks employed in these four departments, the tribunal has held that the recruitment is department wise and the seniority of the ..... the industrial establishment. what then is an 'industrial establishment' with reference to this provision of section 25g?15. the expression 'industrial establishment' has not been defined in the act, but there can be no doubt that an industrial undertaking or a business organisation or firm may have several different and distinct industrial establishments and a single industrial establishment may .....Tag this Judgment!
Court : Kerala
Decided on : Jul-07-1960
Reported in : 1981(8)ELT59(Ker)
..... to resolve this question for the disposal of these petitions, but in dealing with the above preliminary objection, the following' extract from the commentaries on indian partnership act by pollock and mulla, second eeition, page 410, may be usefully made.'in short, the firm is treated very much as if it were a ..... morarji goculdas v. alembic chemical works co. ltd- a.i.r. 1948 p.c. 100, the privy council observed, that:'the indian partnership act goes further than the english partership act, 1890, in recognising that a firm may possess a personality distinct from the persons constituting it, the law in india in that respect ..... a person, it would be liable for holding more than ten maunds. the definition of the word 'person' in section 3(42) of general clauses act, 1897, as including any 'association or body of individuals whether incorporated or not'' was adopted for holding, that 'a body of persons in general is ..... outside the scope and provisions of the notification and must be held to be illegal.3. it is not also necessary to consider whether respondent had acted without jurisdiction in issuing ext. p1 to p4(, or merely committed an error in the exercise of it. the learned counsel for the petitioners has ..... of the fundamental right, but that the notices issued, are alone the subject of challenge. if in applying the terms of the notification, the authority acts outside its scope, such action cannot be deemed to be in pursuance of a law, which is saved by article 19(6). it is plain, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-02-1960
Reported in : AIR1960P& H471
..... held vested in walaiti ram plaintiff. the suit was held to be maintainable in view of the provisions of s. 60(3)(a) of the indian partnership act.(6) the main controversy between the parties centers on the third issue. according to both the courts below, the transactions in question were agreement by way ..... firm was not a joint hindu family firm and the suit was not competent as the firm was not registered under s. 69 of the indian partnership act. the defendant also pleaded that the transaction was in the nature of a wagering agreement and was, therefore, void in view of the provisions of ..... lower appellate court and the test that he has applied for ascertaining what is a wagering agreement within the purview of s. 30 of the indian contract act is erroneous. a finding of fact suffering from these blemishes is not sacrosanct and cannot be sustained.(21) there is no cogent evidence on the ..... price. if it be so the contract, notwithstanding its form, is a wagering contract, and is void, being prohibited under s. 30 of the indian contract act.(20) after having carefully gone through the judgment of the learned additional district judge, the concurrent finding that the parties never intended any actual transfer of ..... s. 30 of the indian contract act. it was also alleged that the profit claimed by the plaintiff had not been realised by the defendant-firm from the persons with whom he .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-27-1960
Reported in : AIR1961SC311; 1SCR924; 11STC757(SC)
..... das gupta, j. 1. m/s. daulatram rameshwarlal, a firm registered under the indian partnership act (referred to later in this judgment as 'sellers') are registered dealers under s. 11 of the bombay sales tax act. in their return of turnover for the period from april 1, 1954 to march 31, 1955, they claimed exemption from sales ..... useless. 11. our conclusion therefore is that the courts below have rightly interpreted the words 'a person' in s.10(b) of the bombay sales tax act as a 'registered dealer' and the purchasing dealers have rightly been assessed to purchase tax under s.10(b). 12. in the result, both the appeals ..... appeal no. 46 of 1959 the appellants' contention is that on a correct interpretation of the provisions of s. 10(b) of the bombay sales tax act no purchase tax was leviable from them. section 10(b) provides for the levy of a purchase tax on the turnover of purchase of goods specified in ..... about the point of time when the export proper commences. as we have already pointed out when export had been defined in the import & export (control) act, 1947, as 'taking out of india by land, sea, or air', export in the export control order, cannot beheld to have commence till at least ..... placed on behalf of the sales tax officer is that export control order, 1954, which was passed in the exercise of powers conferred by import & export control act, 1947, contained a provision in its clause 5(2) in these words :- 'it shall be deemed to be a condition of that licence ............. that the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-18-1960
Reported in : (1960)62BOMLR685; 39ITR754(Bom)
..... was no banking account of n. r. wadia & co., with any bank and (2) an application for registration had been made by n. r. wadia & co., as provided in the indian partnership act, 1932, and the registrar of firms had made an entry of the statement in the register of firms. a number of other facts relating to the mode and manner of ..... present before a group of per sons can be held to be partners. this can be gathered from the definition of 'partnership' in the indian partnership act. section 6 of that act gives a comprehensive statement of the rule as to the nature of a partnership. in determining whether a person is or is not a partner in a firm, the court must have regard to ..... under the income-tax act. it does not, however, follow that ..... 6b) of the income-tax act inter alia lays done that the expressions 'firm', 'partner' and 'partnership' have the same meaning respectively as in the indian partnership act and the law of partnership as laid down in the partnership act is also applicable to cases under the income-tax act. we agree that regard must be had to the law of partnership under the partnership act when dealing with cases arising .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-23-1960
Reported in : AIR1961Raj223
..... now been replaced with some modifications, which are inconsequential in its nature for the purpose of this case, by section 47 of the partnership act. the repealed section 263 of the contract act and section 47 of the indian partnership act give effect to the principle of the english law that after the dissolution of the firm, the authority of each partner continues so far ..... 263 of the contract act), but it may be held that a contrary intention within the meaning of the present ..... section sufficiently appears from the nature of the transaction when it is once ascertained to be a partnership transaction, regard being had to the uniform and well understood ..... commentary of the indian contract act nave stated that the better opinion was that the representatives of a deceased partner were not necessary parties to a suit for tile recovery of that which accrued due to the partnership in the litetime of the deceased. they have further observed that:'the case is not literally covered by section 47 of the indian partnership act (formerly section .....Tag this Judgment!