Court : Supreme Court of India
Decided on : Dec-11-1972
Reported in : AIR1973SC2401; 88ITR421(SC); (1973)4SCC206; 3SCR76
..... that previous year.(ii) before the end of the previous year in any other case.(b) where the firm is registered under the indian partnership act, 1932 (ix of 1932), or where the deed of partnership is registered under the indian registration act, 1908 (xvi of 1908), before the end of the previous year of the firm, and(c) where the application is for renewal of ..... , 1953, be made before the 28th february, 1953, and for any year of assessment subsequent thereto, be made.(a) where the firm is not registered under the indian partnership act 1932 (ix of 1932), or where the deed of partnership is not registered under the indian registration act, 1908 (xvi of 1908), and the application for registration is being made for the first time under the ..... , 3 and 6. these rules read thus :-rule 2-any firm constituted under an instrument of partnership specifying the individual shares of the partners may, under the provisions of section 26a of the indian income-tax act, 1922 (hereinafter in these rules referred to as the act), register with the income-tax officer, the particulars contained in the said instrument on application made in ..... act.(i) within a period of six months of the constitution of the firm or before the end of the 'previous year' of the firm whichever is earlier, if .....Tag this Judgment!
Court : Guwahati
Decided on : May-26-1972
..... will pass by survivorship, but the male issue of the acquirers do not take interest in it by birth. if it is partnership property, it is governed by the provisions of the indian partnership act, 1932, so that the share of each of the joint acquirers will pass on his death to his heirs,and not by ..... concerned showing the business to be a joint family business. even without taking note of the above conduct, the tribunal took note of the deed of partnership as well as the deed of partition, mentioned above, wherein ' there is an open solemn admission that the members have been treating the business as ..... previous year, rejected the assessee's claim. that is how the matter has now come to us on a reference under section 66(1} of the indian income-tax act, 1922. 6. the question of law referred by the tribunal on the application of the assessee is as follows: ' whether, on the facts ..... vested in equal proportion in all the parties.' on september 19, 1950, an application was made for passing an order under section 25a of the indian income-tax act, 1922, to record the partition. the income-tax officer allowed the partition by his order dated august 17, 1954, with effect from the last ..... as members of a joint family, but as members of an ordinary trade partnership resting on contract, in which case the property will be deemed to be partnership property.' the supreme court had to consider a similar question under the wealth-tax act in n.v. narendranath v. commissioner of wealth-tax,  74 i .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-23-1972
Reported in : AIR1973P& H197
..... under section 34 of the arbitration act, the plaintiff-respondents have reiterated in paragraph 2 that the dissolution of partnership is a right of any partner independently of any other disputes or ..... firm with immediate effect had been expressed and in case if a partnership-at-will, the services of this notice on the defendants would determine the date of dissolution of the firm in view of the provisions of section 43(2) of the indian partnership act, 1932 (hereinafter briefly referred to as 'the act'). 3. in reply to the defendants' application for stay of proceedings ..... meet that precise predicament that the court's power to decree dissolution is conferred in the events enumerated in section 254. for a partnership terminable at will no such provision would be required.'14. section 44 of the partnership act which gives the court a discretion in the matter of the grant or refusal of the relief of dissolution of the firm or ..... that the business had continued even after the expiry of the term fixed by contract. such a business would have all the incidents of a partnership-at will in view of section 17(b) of the act. this was in fact the position taken up by the plaintiff-respondents in the notices served by them on the appellants before the filing of .....Tag this Judgment!
Court : Chennai
Decided on : Sep-27-1972
Reported in : 92ITR366(Mad)
..... petitioner of hisobligations. even in the suits filed against the partners he did not get anyrelief against the department. even assuming that the petitioner couldrely on the provisions of the indian partnership act, 1932, it is seen from section 32(2) that his liability to the department is not discharged by thereconstitution or the deed of indemnity obtained. therefore, there is nosubstance in ..... 1938-39 and 1939-40, the share income of one ashokbhai was included in the total income of the assessee who was his father, under section 16(3) of the indian income-tax act, 1922. the accounting years concerned were the calendar years 1937 and 1938. the assessee was a partner and his son had been admitted to the benefits of the ..... the initiation of the proceeding under section 147 and the consequent orders passed thereon were subsequent to his retirement from the partnership firm. under section 155(1) of the income-tax act, 1961, corresponding to section 35(5) of the old act, where in respect of any completed assessment of a partner in a firm, it is found on assessment or reassessment of ..... of the petitioner on the basis of the recitals in these documents. the partnership firm was assessed to income-tax on the basis of the returns filed by the firm for the assessment years 1955-56 to 1961-62 under the indian income-tax act, 1922 (hereinafter called 'the old act'). subsequently, there was a revision of assessment for the years 1955-56 to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-29-1972
Reported in : AIR1973P& H454
..... 151 of the code of civil procedure for stay of the suit.2. messrs. c. raman and company a partnership firm registered under the indian partnership act and having its registered office at 79, apollo street, bombay, filed a suit against messrs. modern motor works, a partnership firm having its office at g. t. road, ludhiana, and its two partners, j. n. gupta and r ..... plaint in the suit, it is stated that in pursuance of an agreement dated 26th august, 1961, entered into with ex-cello india ltd., c. raman and company, the plaintiffs, acted as the sole selling agents for propeller shafts and spare parts manufactured by the said company. according to the plaintiffs, prior to 1964, they were selling to the defendants as .....Tag this Judgment!
Court : Chennai
Decided on : Apr-01-1972
Reported in : AIR1973Mad331
..... 199 of 1965. the suit is for recovery of rs. 16715-31 from defendants 1 to 3. the plaintiff is a firm registered under the indian partnership act, 1932, carrying on business in ghee, oil and oil seeds at dharapuram. defendants 1 and 2 are the union of india, represented by the ..... is bound to call all the material witnesses to prove the facts which are within their special knowledge. section 72(1) of the railways act prior to amendment laid down that the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the ..... showed that the goods were taken charge of by the railway authorities, that the officers were guilty of collusion with the consignor that they acted fraudulently and negligently in the discharge of their duties and consequently, the railway officials are liable to compensate the plaintiff, and that the third ..... shall, subject to the other provisions of that act, be that of a bailee under sections 151, 152 and 161 of the contract act, 1872. the mere omission of sec. 160 of the contract act in the above list of sections in the indian contract act, 1872 does not mean that there is ..... no responsibility in the railway administration for the non-delivery of the goods taken charge of by them. the obligation to return or deliver the goods taken charge of by them is implied in the contract of carriage for reward and it is implicit in the old section 72(1) of the act .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-26-1972
Reported in : AIR1973P& H88
..... , in order to decide the points involved, it is sufficient to state the facts of c.w. 916 of 1970.2. the petitioner is a firm registered under the indian partnership act and is engaged in the manufacture of medical and surgical equipments and appliances from imported stainless steel sheets at hiranagar, district kathua in jammu & kashmir state. it is thus ..... arisen.'it is apparent from this decision that it was based on the ground of equity or equitable estelle on the ground that the respondents before their lordships had, acting on the representation of the central government exported various articles which entitled them to import licence of the equal value which could, however, be reduced by the textile commissioner ..... observed that the court was competent to grant relief in appropriate cases, if contrary to the scheme, the authority declined to grant a licence or import certificate or the authority acted arbitrarily,. therefore, even assuming that the provisions relating to the issue of trade notices offering inducement to the prospective exporters are in character executive, the union government and its ..... trade policy is general in terms and deals with the grant of licences for import of goods and related matters, it is statutory in character. the imports and exports (control) act, 1947, authorises the central government to make provisions prohibiting, restricting or otherwise controlling import, export, carriage etc., of the goods and by the imports (control) order, 1955, dated .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-25-1972
Reported in : AIR1973Bom313; (1973)75BOMLR186; 1973MhLJ190
..... steps to rectify the defect. now, in the first place, the written statement does not clearly aver that the plaintiff's firm is not duly registered as required under the indian partnership act. the written statement merely contains an averment in general terms as follows:- 'that the plaintiff is put to the strict proof of the allegation that the firm is duly registered ..... was dismissed by the subordinate civil court of shikarpur on 15th august 1935 on the ground that the plaintiffs' firm was not registered as required by section 69 of the indian partnership act. against the decision dismissing the suit an appeal was filed which was also dismissed on 17th oct., 1936; a second appeal was filed against this decision which was summarily dismissed ..... (exhibit 44) filed on 31st august 1961 there was an occasion for the plaintiff's pleader to inquire from the plaintiff's partner whether the firm was registered under the indian partnership act. the plaintiff's partner, according to his testimony, replied to this inquiry from his pleader stating that he would look into the matter and procure the certificate in question from ..... to understand this point of limitation, it must be mentioned that the suit was instituted on 17th october 1961 by the plaintiff-firm claiming to be duly registered under the indian partnership act. in the suit the plaintiff firm had claimed exception of the period between 7th march 1961 and 17th october 1961 as the period during which the plaintiff-firm was prosecuting .....Tag this Judgment!
Court : Delhi
Decided on : May-11-1972
Reported in : 44CompCas390(Delhi); ILR1972Delhi413
..... ) registered as a company. .. .......; or (b) formed or incorporated. .........; or (c) a company engaged in working mines. .........; is not a partnership within the meaning of this act.'(90) section 5 of the indian partnership act, on the other hand, specifically provides that the relationship of partnership arises from contract and not from status. the members of the hindu undivided family carrying on a family business as ..... england differs from that in india, inasmuch as agreement, as such, is not a necessary condition precedent for the formation of a partnership under the english law. section i of the u.k. partnership act, 1890 reads as follows :- '(1)partnership is the relation which subsists between persons carrying on a business in common with a view of profit. (2) but the relation between ..... it was intended to be carried on just as in cases under a similar clause in the partnership act. when it was not reasonably practicable for the business of a partnership to be carried on in accordance with the terms on which the partnership was constituted, the partnership might be dissolved. but, in this case, the authority of the majority, which might only be ..... has been asserted in this court for many years and is now laid down by the partnership act that that state of things might be a ground for dissolution of the partnership for the reasons which are stated by 'lord lindley in his book on partnership at p. 657 in the passage which i will read, and which i think, is quite justified .....Tag this Judgment!
Court : Chennai
Decided on : Feb-03-1972
Reported in : AIR1973Mad179; (1973)1MLJ189
..... parshad v. jai ram dass, . that was a case of a lease. the learned judge after referring to section 14 of the partnership act stated as follows :--"in theindian partnership act by pollock and mulla, 1st edition, at page 40 the statement of law on the point under consideration is stated to be that land ..... v. prasanna kumari desai, (1911) ilr 38 cal 327 (pc) the judicial committee held that so long as the compliance with section 187 of the indian succession act 1863, was prior to the decree the fact that it was obtained after institution of the suit made no difference. in charu chandra pramanik v. nahush ..... be entitled to apply for letters of administration with a copy of the will of desai gowder annexed either under section 232 or 233 of the indian succession act. the plaintiff's younger brother n. s. p. desai has sworn to an affidavit stating that he has no objection to the grant of ..... when the will is not probated and no letters of administration with the will annexed had been granted. section 187 of the indian succession act corresponding to section 213 of the act xxxix of 1925 was held to be a bar to every one claiming under such a will, whether the plaintiff or the defendant ..... relate to all the properties, that is the entire estate of the deceased and only in exceptional cases falling under sections 254 to 257 of the indian succession act (xxxix of 1925), could probate or letters of administration, limited to specific items or a fraction of the estate be granted. in this case the .....Tag this Judgment!