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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 1960 Page 2 of about 129 results (0.092 seconds)

Jan 18 1960 (HC)

Abdul Gani Minor and ors. Vs. V.M. Periyaswami Chetty and Co.

Court : Chennai

Decided on : Jan-18-1960

Reported in : AIR1960Mad495; (1960)IIMLJ43

..... circumstances such as the position of the other partners of the firm in the business. it is therefore clear that under the limitation act the theory of an implied agency which underlies the conception of a partnership under the indian partnership act is by itself not sufficient to enable a partner to bind the other partners by an acknowledgment of a liability of the firm ..... that the creditor had notice of such a dissolution."that decision dealt with the provisions of ss. 261 and 264 of the indian contract act which subsisted before the indian partnership act. section 264 of the contract act did not contain the proviso now found in s. 45 of the partnership act. it cannot therefore be treated as an authority for deciding a case governed by the present ..... partnership act.(20) following 8 mad lj 261, we are of opinion that defendants 11 to 14 are not bound by the acknowledgment made by khader ..... to acknowledge a debt of the partnership is not one such act provided for under s. 19(2) of the partnership act. but in order to test the validity of an acknowledgment of a debt to conform, to the requirements of the limitation act one has to examine the relevant provisions of the said act. sec. 21(2) of the indian limitation act is as follows:"nothing in .....

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Nov 24 1960 (HC)

Union of India (Uoi), Ministry of Food and Agriculture (Dept. of Food) ...

Court : Punjab and Haryana

Decided on : Nov-24-1960

Reported in : AIR1961P& H281

..... parties gave rise to the following issues:1. whether the suit is bad for misjoinder of parties, and causes of action ?2. whether the plaintiff firm is a registered partnership under the indian partnership act and whether shri inder pal dhir is one of the registered partners ?3. whether defendant no. 2 has consented to the variations in the terms of the original contract ..... ?14. relief.10. the trial judge held that the suit was not bad for misjoinder of parties and causes of action, that the plaintiff-firm was duly registered under the indian partnership act and could file the present suit, that defendant no. 2 had neither actively nor impliedly consented to the variations in the terms of the original contract, dated the 3rd july ..... grounds. they inter alia pleaded that the suit was misconceived and was bad for misjoinder of parties and causes of action, that the plaintiff-firm was not registered under the indian partnership act and therefore the suit was not maintainable as framed, and that the ludhiana courts had no jurisdiction to try the same.they admitted the variations made in the terms of ..... by defendant no. 1 and defendant no. 3 without the active or implied consent of defendant no. 2. if one were to apply the provisions of section 133 of the indian contract act, the result of these variations would be that the liability of the surety (defendant no. 2) would be discharged on account of these variations.in order to overcome this .....

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Jun 15 1960 (HC)

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

Court : Kolkata

Decided on : Jun-15-1960

Reported in : AIR1960Cal693,64CWN816

..... partner who is willing to take them at a valuation fixed by the court and that the proceeds be applied for the purposes mentioned in section 46 of the indian partnership act. in syers v. syers, (1876) 1 ac 174 at 183-4, lord cairns, l. c., observed: 'my lords, it is very true, as ..... the other partners to insist that the assets of the dissolved firm be applied in accordance with the provisions of sections 46 and 48 of the indian partnership act. each partner has for that purpose a general lien over the assets of the dissolved firm. by the award in this case the appellants have ..... payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners according to their rights. section 48 of the indian partnership act provides for the mode of settlement of accounts between the partners and for the order of the application of the assets of the firm on its dissolution ..... the powers conferred on the arbitrators by the order of reference and is also erroneous in law on the face of it. by section 46 of the indian partnership act, on the dissolution of the firm, every partner is entitled, as against all the other partners, to have the property of the firm applied in ..... by mr. sen therefore fails. 4. mr. sen next contends that the award is in contravention of sections 46 and 48 of the indian partnership act inasmuch as the entire assets of the dissolved firms have been allotted to the appellants without providing for payment of the liabilities of the dissolved .....

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May 20 1960 (HC)

Pt. Deo Sharma Vs. Commissioner of Income-tax, U. P. and V. P.

Court : Allahabad

Decided on : May-20-1960

Reported in : [1961]41ITR235(All)

..... same principle, in the present case, it must be held that the partner in the firm was srimati chandan devi for purposes of the indian partnership act even though the income received by her could be taxed in the hands of deo sharma on the finding that the income really belonged to him ..... and not in his hands. deo sharma not being himself a partner of the firm, sharma & co., in accordance with the provisions of the indian partnership act, the allocation of income between sheo nath sharma and srimati chandan devi would not be binding on him and the provisions of the provisions of the ..... that assessment, persons, who were partners of the firm, sharma & co., had to be determined in the light of provisions of the indian partnership act and, for purposes of that act, the partner was srimati chandan devi as has already been mentioned above. even if she be a benami partner, as was held by ..... proviso to section 30 (1) would not apply. the principle that a person when entering into a partnership for purposes of the indian partnership act must be treated as having joined in his individual capacity though, for purposes of income-tax, the income received by him from the ..... sufficient ground for refusing registration of the firm for purposes of the income-tax act under section 26a 26a of that act but the registration of the firm under the indian partnership act has not been set aside.the deed of partnership also recited that the partner were sheo nath sharma and srimati chandan devi and .....

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Apr 29 1960 (HC)

Bhawarlal Vs. Mathura Prasad

Court : Madhya Pradesh

Decided on : Apr-29-1960

Reported in : AIR1962MP141

..... partner, the first respondent would be entitled to the benefit conferred by section 37 of the indian partnership act.25. the learned counsel for the appellant further urged that the suit would be barred by time under article 106 of the indian limitation act, inasmuch as the partnership stood dissolved in diwali, 1954, while the present suit for dissolution was filed on 10-5 ..... 8-1946, the plaintiff-respondent 1, mathuraprasad was introduced as a partner and a deed of partnership of the same date (ex- p-1) was executed between the three partners. however, the partnership was not registered under the indian partnership act. the business was carried on in partnership till diwali of the year 1954 according to the appellant.3. the first respondent's allegation ..... in the plaint was that the partnership was never dissolved; and, as such, he filed a suit on 10-5 ..... -1928 for dissolution of the unregistered partnership and for taking accounts thereof.4. .....

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Feb 14 1960 (HC)

Jullundur Vegetable Syndicate Vs. the Punjab State

Court : Punjab and Haryana

Decided on : Feb-14-1960

Reported in : AIR1962P& H248

..... even after dissolution of the firm and in the hands of the partners or otherwise. this conclusion was arrived at on a consideration of secs. 45 to 55 of the indian partnership act. one of the points urged before the learned judge was that the assessment order made on a firm after its dissolution was without jurisdiction, but there is no discussion of ..... exist for certain purposes, it would not at all follow that it can after dissolution be assessed to sales tax under the act in the absence of machinery provided in the act to that end. the principles enunciated in the indian partnership act cannot be imported into a taxing statute.(13) no authority of the supreme court directly bearing on the question referred to the ..... purposes of winding up its business, adjusting the rights of the partners inter se and payment of the debts due to the partnership or realising the debts owing to it. in this connection ss. 45 and 47 of the indian partnership act, 1932 (act no. ix of 1932), and motilal chimanram v. sarupchand prithiraj air 1937 bom 81 and chatubhuj durgardas factory v. dumodar jamnadas ..... air 1960 bom 424, were relied upon.it does not, however, follow that the liability to pay sales tax under the act, which the partnership firm had incurred before its dissolution, becomes .....

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Mar 03 1960 (HC)

Mathura Datt Bhatt Vs. Prem Ballabh Khulba

Court : Allahabad

Decided on : Mar-03-1960

Reported in : AIR1961All19

..... whether a partner stands in a fiduciary capacity to the other partner or not.7. in this connection, we will first examine the relevant provisions of the indian partnership act (act ix) of 1932. the nature of 'partnership' there is defined by section 4 as being 'the relationship between persons who have agreed to share the profits of a business carried on by all or ..... as a matter of law independently of the circumstances of any particular case. we think that this submission is too broadly made.19. from the examination of the partnership act, the trusts act and english, indian and american authorities cited hereinbefore, it would appear that it cannot be said that there is no fiduciary relationship between the partners, although on the basis of the ..... the partnership act. section 9 of the said act states that:--'partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other, and to render true accounts and full information of all things affecting the firm to any partner or his legal representative.'we will now refer to the indian trusts act ..... decision in 1894-1 ch. 343, one partner receiving assets of the partnership on account of himself and his co-partners is not liable as a person acting in a fiduciary .....

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Feb 11 1960 (HC)

Kruthartha Acharya Vs. Commissioner of Income Tax

Court : Orissa

Decided on : Feb-11-1960

Reported in : AIR1960Ori183

..... be either in existence or that may come into existence. in section 2 (6-b) of the income-tax act the position has been clarified by saying that the terms 'firm', 'partner' and 'partnership' have the same meanings respectively as in the indian partnership act provided that the expression 'partner' includes any person who being a minor has been admitted to the benefits of ..... partnership. hence, the limited question for consideration is whether the deed of partnership (ext. a) and the deed of rectification (ext. d) taken ..... together would show that the minor rakindranath was only admitted to the benefits of partnership or else ..... 26a of the indian income-tax act should have been granted to the firm as constituted by the said deed dated 25-7-1951 and the deed of rectification dated 20-2-1952, for any one or more of assessment years 1950-51, 1952-53 and 1953-54? 5. question no. (i): section 30(1) of the partnership act says that though .....

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Feb 11 1960 (HC)

Krutartha Acharya Vs. Commissioner of Income-tax, Bihar and OrissA.

Court : Orissa

Decided on : Feb-11-1960

Reported in : [1961]41ITR320(Orissa)

..... of partnership (exhibit a) and the deed of rectification (exhibit d) taken together ..... being a minor has been admitted to the benefits of partnership. hence, the limited question for consideration is whether the deed ..... assumes that independent of the minor, there must be a partnership that may be either in existence or that may come into existence. in section 2 (6b) of the income-tax act the position has been clarified by saying that the terms 'firm', 'partner' and 'partnership' have the same meanings respectively as in the indian partnership act provided that the expression 'partner' includes any person who .....

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Feb 11 1960 (HC)

The State of Andhra Pradesh Vs. Bayya Subba Rao and Company

Court : Andhra Pradesh

Decided on : Feb-11-1960

Reported in : [1960]11STC545(AP)

..... its business. it is true that the indian partnership act goes further than the english partnership act, 1890, in recognising that a firm may possess a personality distinct from the persons constituting it; the law in india in that respect being more in accordance ..... the following statement of law contained in bhagwanji morarji v. alembic chemical works ltd. a.i.r. 1948 p.c. 100.:before the board it was argued that, under the indian partnership act, 1932, a firm is recognised as an entity apart from the persons constituting it and that the entity continues so long as the firm exists and continues to carry on ..... narrow significance and not a wide one as is sought to be attributed to it.22. it is pertinent in this context to look at the definition of 'partnership' under the indian partnership act, 1932, also. section 4 of that act recites :'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any of them ..... before their lordships of the supreme court in that case was whether a firm could enter into a partnership with another firm or a joint hindu family or an individual. this was answered in the negative for the reason that section 4 of the indian partnership act contemplates only natural or artificial persons and a firm is not a 'person.' their lordships expressed the .....

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