Court : Supreme Court of India
Decided on : Apr-11-1962
Reported in : AIR1963SC1007; [1962(4)FLR453]; (1962)ILLJ435SC; 1SCR675
..... in controversy between the parties relates to the question of bonus, both traditional or customary bonus and profit-sharing bonus. 2. the appellant are a partnership firm, registered under the indian partnership act, 1932, and have their office at 46, veer nariman road, fort, bombay 1. the firm carries on business in the name of messrs. ..... that unit since 1956. though a firm is regarded as an entity for the purpose of income tax act, it is undeniable that a partnership is not an entity at law and it is the partners who constitute the employers for all purpose other than for income tax. it ..... a real basis for computing the deduction under this head. in saying this i have not overlooked the fact that for the purpose of the indian income tax act a firm is a unit of assessment and that in the case of a registered firm there is a special 'registered firm' tax payable by ..... the reasoning and conclusion of my lord the chief justice that where the employer is a firm that is registered under section 26-a of the indian income tax act the income tax that the employer is entitled to deduct, is not the 'registered firm tax' on the gross profits of the firm but ..... the amount available after payment of the tax. the fact that certain items such as, for instance, the penalty payable for defaults under the income tax act or credits received thereunder which are unrelated to the normal tax payable on the income derived by the employer are ignored, does not imply that the .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-08-1962
Reported in : (1963)0GLR665; 54ITR91(Guj)
..... on 29th june, 1953, could not be regarded as a minor. it was strongly urged on behalf of the assessee that, under the provisions contained in section 30 of the indian partnership act, laxmansinhji had, within six months of the date of his attaining majority, a right to elect to that effect and that under the provisions contained in section 30, sub-section ..... (5), of the indian partnership act, 1932, his position as regards the firm would be determined by such notice. it is further provided by section 30, sub-section (5), that if he fails to give such ..... he had elected to become a partner as from kartak sud 1, samvat year 2010, with the result that having regard to the provisions contained in section 30 of the indian partnership act, under sub-section (7) thereof, his rights and liabilities as a minor continued up to the date on which the became a partner. it has been strongly urged by mr ..... provide by section 2(6b) a definition of the expression 'partners'. it is there laid down that in the indian income-tax act, 1922, unless there was anything repugnant in the subject or context, the expression 'partner' had the same meaning as in the indian partnership act, save and except that the expression 'partner' included any person who being a minor had been admitted to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-1962
Reported in : AIR1966SC1036; 2SCR953
..... arbitrator and in doing so we shall state somewhat fully the facts alleged in the application of m/s. amarchand lalitkumar a firm registered under the indian partnership act, and carrying on business in calcutta, which firm is the appellant before us in civil appeal no. 640 of 1961. the facts being similar ..... a result of bias by reason of a conflicting class interest. in view of this finding it is unnecessary to examine the decisions, english or indian, as respects the principle that an interest of which the parties were fully aware at the date of the arbitrator's appointment will not in ..... of performance or divided the buyers and sellers into two conflicting camps at the relevant time. 13. much was made of the fact that the indian jute mills association was a very influential body of jute mill owners, affiliated with the bengal chamber of commerce and industry. it was alleged that ..... by the bengal chamber of commerce and industry and some by the indian chamber of commerce in calcutta. the rules of the two chambers for constituting tribunals of arbitration are similar and such difference as it material for ..... disputes arising out of or in relation to such contracts by the tribunal of arbitration of the bengal chamber of commerce and industry or the indian chamber of commerce in calcutta in accordance with the rules framed by the said chambers. in some appeals before us the contracts provided for arbitration .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-09-1962
Reported in : AIR1964SC980; [1963(6)FLR251]; (1963)ILLJ536SC; Supp1SCR993
..... the name and style of 'messrs george restaurant and stores' at 20, appollo street, fort, bombay-1, since september, 1958. they are running this business as a partnership firm, registered under the indian partnership act. the firm employs 43 persons, including cooks, waiters, tea-makers, bill clerks and two store-clerks. besides paying salary to their employees, the petitioners give them free food ..... and other personal allowances, which it is not necessary to set out in detail. in exercise of the powers conferred by s. 1(3)(b) of the act, the general ..... the central government has been vested with the power of specifying such establishments or class of establishments, as it might determine, to be brought within the purview of the act. the act has given sufficient indication of the policy underlying its provisions, namely, that it shall apply to all factories engaged in any kind of industry and to all other establishments ..... establishment. 5. before dealing with the specific grounds of attack raised in support of the petition, it is necessary to set out briefly the relevant provisions of the act. the act applies to every establishment which is a factory engaged in any industry specified in schedule 1 and in which 20 or more persons are employed, and to any other .....Tag this Judgment!
Court : Chennai
Decided on : May-01-1962
Reported in : AIR1963Mad128; 33CompCas833(Mad); (1963)IMLJ250
..... this decision. from that decision, the defendant appeals.3. the lower appellate court in its judgment has set out in extenso section 44 of the indian partnership act which enumerates the circumstances in which a partnership can be dissolved. its finding is that section 44 clause (c) that a partner other than the partner suing, is guilty of conduct which ..... determination in the second appeal. the defendant urged that the suit partnership was illegal because it contravened section 4 (2) of the indian companies act, 1913, which corresponds to section 11(2) of the indian companies act, 1956. section 11(2) of the indian companies act, 1956 reads:'no company, association or partnership consisting of more than 20 persons shall be formed for the ..... partnership is not so registered; therefore it is illegal; a partnership agreement whose constitution is illegal, cannot give rise to a suit for dissolution ..... had more than 20 shareholders. the defendants therefore urged that when murugan oil industries entered into the suit partnership agreement with two other persons, the number of partners exceeded 20; it is an essential requirement that such partnership should be registered under the indian companies act by virtue of old section 4(2) as well as section 11(2); admittedly, the suit .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-29-1962
Reported in : AIR1963P& H95
..... errors which have been set right by the learned single judge. the counsel has in this connection drawn our attention to section 6 of the indian partnership act and submitted that in order to determine whether the requirements of this section are satisfied all facts proved on the record have to be considered ..... the conclusion that the learned district judge there had misread and mis-construed explanation 2 to section 6 of the indian partnership act. the learned single judge there upheld the argument that partnership is a matter of intention which is a question of fact but he justified his interference on the ground that ..... the counsel has contended that the learned district judge had not kept to the forefront the essential requisites contained in section 6, indian partnership act, and, therefore, his finding was vitiated by an error of law. here it would be helpful to reproduce section 6:-'6 ..... on the high court in second appeal. in this connection, our attention has also been drawn to section 4 of the partnership act which defines the terms 'partnership', 'partner' and 'firm', and it has been contended that it is a question of law to draw an inference of the existence ..... of the case, more especially the absence of an agreement, the uncertainty about the plaintiff's position regarding the place where the agreement of partnership was made, the absence of proof of any financial contribution by the plaintiff and the controlling hand of the defendant in the business management.according .....Tag this Judgment!
Court : Allahabad
Decided on : May-01-1962
Reported in : 47ITR917(All)
..... tribunal took the view that the restrictions and limitations imposed by the instruments on instruments lal were within the purview of the provisions of the indian partnership act and held that the firm was genuine and entitled to registration. thereafter, the commissioner of income-tax made an application under section 66(1 ..... was more like that of an employee than that of a partner. in this connection he relied on the definition of partnership contained in section 4 of the indian partnership act. there 'partnership' is defined as the relation between persons who have agreed to share the profits of a business 'carried on by ..... all or any of them acting for all'. it was argued that only the first two partner carried on business and manohar lal was not entitled to act for ..... the definition and thus doing away with the limitation effected by those words.the tribunal has already pointed out that under section 20 of the partnership act the power of a partner may be extended or restricted. for all these reasons the answer to the question referred to us should be in ..... or subsequent or of any pre-existing relationship between the parties.the tribunal relied on the provisions of section 20 of the partnership act under which it is provided that the partners may by contract extend or restrict the implied authority of a partner. it follows that under .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-26-1962
Reported in : AIR1963P& H469; 52ITR784(P& H)
..... a full partner. in our view the decision of this court in ought to have been applied and could not be distinguished. it is provided by section 30 of the indian partnership act that a person who is a minor may not be a partner in a firm, but, with the consent of ail the partners for the time being, he may be ..... sign the application, and if the definition were to be carried to the extreme, even a minor who is admitted to the benefits of partnership would be competent to sign such an application. section 30 of the indian partnership act clearly indicates that, a minor cannot become a partner though with the consent of the adult partners he may be admitted to the benefits ..... admitted to the benefits of partnership. the clear language of the deed of partnership infringes the provisions of section 30 of the indian partnership act.the controversy between this court and the madras high court has now been completely set at rest by a decision of the supreme ..... of partnership. in view of this exposition of the law any document beyond this section cannot be regarded as valid for the purpose of registration. their .....Tag this Judgment!
Court : Kerala
Decided on : Sep-24-1962
Reported in : 49ITR687(Ker)
..... sub-clause (i) of clause (a) that the wife contemplated by that sub-clause is a wife capable of being a member of a partnership. rajeswari and mayadevi being minors cannot fall within that category. the indian partnership act, 1932, makes it quite clear that in order to become a partner the person concerned must be a major according to the law to which ..... income-tax in india, 8th edition, page 679).according to section 2(6b) of the indian income-tax act, 1922, the expressions 'firm', 'partner' and 'partnership' when used in that act will have - unless there is anything repugnant in the subject or context - 'the same meaning respectively as in the indian partnership act, 1932 (ix) of 1932) : provided that the expression partner includes any person who being ..... a minor has been admitted to the benefits of partnership'. it is significant that the expression 'partner' is not used in connection with the wife in sub-clause (i ..... the person is subject, and that a minor can only be admitted to the benefits of a partnership. sub-section (1) of section 30 of that .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-01-1962
Reported in : 48ITR986(Bom)
..... , five years, mentioned in the deed, expired on 17th april, 1951, as a result of section 17(b) of the indian partnership act, the firm continues to be constituted under the deed of partnership. in our view, the contention has little force. the effect of section 17(b) is not what is stated by mr. kaka. section 17(b) provides that 'subject to contract ..... things mentioned in the rules, he shall endorse a certificate on the instrument of partnership in the following form : 4. instrument of partnership 'this - has this certified copy of an instrument of partnership 5. day been registered with me, the income-tax officer..... under section 26a of the indian income-tax act, 1922, and this certificate of registration shall have effect for the assessment for ..... is a reference under sub-section (1) of section 66 of the indian income-tax act. the assessee is a partnership firm consisting of three partners. it appears that these three partners entered into an agreement of partnership on 18th april, 1946. the terms and conditions on which they agreed to do partnership business were reduced to writing in a deed executed on april 1 ..... , on the facts and circumstances of the case, the renewal of registration of the firm for the assessment year 1958-59 under section 26a of the act could be granted on the basis of the said deed of partnership dated april 1, 1947 ?' 2. mr. kaka, appearing for the assessee, first contended that the assessee firm is constituted under a deed of .....Tag this Judgment!