Court : Supreme Court of India
Decided on : Apr-11-1973
Reported in : AIR1973SC1245; 89ITR274(SC); (1974)3SCC116; 3SCR959; 1973(5)LC648(SC)
..... 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 (dc 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 or ..... within the specified time.6. the assessee firm was not registered under the indian partnership act before the application under section 26a of the act was made nor was the partnership deed registered under the indian registration act. the partnership deed submitted along with the application for registration disclosed that the partnership constituted under that deed was void in view of section 30 of the ..... before the 28th february, 1953, and for any year of assessment subsequent therto, 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 ..... partnership act as one of the five partners was a minor. hence the application made .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-17-1973
Reported in : AIR1974All269
..... was not, in our opinion, substituted wholly by the deed of dissolution subsequently executed and the one was to supplement the other.4. section 46 of the indian partnership act provides:'on the dissolution of a firm every partner or his representative is entitled as against all the other partners or their representatives to have the property of the ..... dissolution, the earstwhile partners continue to remain entitled to certain rights with regard to the liquidation of the debts and liabilities of the erstwhile partnership and to the distribution of the surplus. section 47 of the indian partnership act also leads to the same conclusion. this was a case where a dispute had been raised by respondent no. 1 that the appellant had ..... embezzled considerable funds belonging to the partnership while the partnership was still existing. the dispute related to proceedings for liquidation of the assets, debts and liabilities ..... civil judge committed no error of law apparent on the face of the record in dismissing the application under section 33 of the indian arbitration act.5. learned counsel invited our attention to clause 12 of the partnership agreement which runs as follows:'any dispute touching the business of patroleum distribution between the federation and the appellant shall be referred to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-22-1973
Reported in : AIR1973SC2572; (1973)2SCC608; 1SCR453; 1973(5)LC872(SC)
..... in his legal representatives continuing the suits. counsel argued that under section 43 of the indian partnerships act, it, was open to bakshi ram to dissolve the partnerships by giving notice to the other partners as the partnerships were partnerships at will arid that clauses 14 and 15 of the partnership agreement have nothing to do with the competency of one of the partners to dissolve the ..... .20. counsel for the appellants relied on the ruling in clive mills ltd. v. swalal jain : air1957cal692 . and submitted that there are material differences between the english arbitration act and the indian arbitration act and therefore the decision of the house of lords might not be a safe guide.' we do not think that there is any material difference in the language of ..... these persons as carrying on business in the names of the firms.4. order 30 rule 4 of the civil procedure code provides that notwithstanding anything contained in section 45 of the indian contract act, 1872, two or more persons may sue or be sued in the name of a firm under the foregoing provisions and if any of such persons dies, whether before ..... for rendition of accounts against the other two partners in the subordinate judge's court at jullundur. the defendants in the suits filed applications under section 34 of the indian arbitration act for stay of the trial of the suits on the ground that the court had no jurisdiction to proceed with the trial in view of the clause for arbitration in .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-20-1973
Reported in : 97ITR730(All)
..... thus not parties to this document. in our opinion, the minors cannot be admitted to the benefits of partnership unless they are parties to the agreement through their guardians. section 30(1) of the indian partnership act says that a minor may not be a partner in a firm, but, with the consent of all the ..... partners for the time being, he may be admitted to the benefits of partnership. sub-section (5) of the section provides that a minor ..... losses.'the supreme court further observed :'it follows from the above discussion that as long as a partnership deed does not make a minor full partner, a partnership deed cannot be regarded as invalid on the ground that ..... full partners or does it only confer benefits of partnership on them ?(2) is any clause of the deed void ?'the observation of the supreme court is in the following terms :'first it is clear from sub-section (2) of section 30 of the partnership act that a minor cannot be made liable for ..... partners. in our opinion, any agreement in which the minors are not parties cannot be validly made to admit the minors to the benefits of partnership under section 30 of the act. the same view was taken by this court in hardutt ray gajadhar ram v. commissioner of income-tax [ 18 i.t.r. .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-05-1973
Reported in : AIR1974All473
..... any such extension of theka of the defendant-appellant. the plea taken by the defendant that the suit was barred by section 69(2) of the indian partnership act on account of the partnership not being registered was also repelled on the ground that at the time the raja had contracted with ram das there was no ..... with effect from 1-10-1958.8. the last point that was argued by the learned counsel was that the suit was barred by section 69(2) of the partnership act. this plea is based on an allegation made by the plaintiff in para. 6 of the plaint to the effect that the plaintiff no. 1 (ram das) ..... of plaintiff no. 1 alone. so far as ram das is concerned there can be no application of section 69(2) of the partnership act to him on the date of contract when no partnership existed and he alone entered into that contract with the raja.10. we are therefore of the opinion that the decree passed by the ..... to a decision of the madras high court in goverdhandoss v. abdul rahiman (air 1942 mad 634). in this case the following observation made by lindley on partnership at page 350 (edition 10) was approved and followed:'one partner may sue alone on a written contract made with himself if it does not appear from the ..... to collect market dues upon a given piece of land is a benefit to arise out of land within the purview of section 3 of the indian registration act. a lease, therefore, of such right for a period of more than the year must be made by registered instrument. in. section 3 of the registration .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-18-1973
Reported in : 105ITR230(Guj)
..... short facts giving rise to these three petitions are as follows. the partnership firm is carrying on its business at morvi in rajkot district. all the partners of the partnership firm are indian citizens. the firm is registered under the provisions of the indian partnership act. the firm maintains its books of account on mercantile basis and ..... has adopted samvat year as its accounting year. the relavent assessment year was 1967-68, the accoounting year being samvat year 2022. the registered firm is an assessee under the income-tax act and it being ..... 1967-68. for the relevant assessment year 1967-68 the return of income under section 139(1) of the income-tax act had to be furnished before june 30, 1967. the partnership firm did not make any application to the first respondent for extension of time but under section 139(4) of the ..... applications by this common judgment. the petitioner is special civil application no. 294 of 1972 is a partnership firm which has been registered with the income-tax authorities in accordances with the provision of the act. the petitioners in special civil applications no. 655 of 1972 and 1112 of 1972 are partners ..... act, the partnership firm filed the return and applied for extension of time before the assessment was made and it was done within .....Tag this Judgment!
Court : Orissa
Decided on : Jan-23-1973
Reported in : AIR1973Ori214; 39(1973)CLT330
..... the same cause of action cannot arise, because the legal bar sought to be pleaded against the plaintiff being under section 69 of the indian partnership act, the said bar cannot be removed by the plaintiff by getting the alleged partnership firm registered after the cause of action for the suit has arisen. that apart, the delay in the present case is not much ..... statement by incorporating the following statement.'that the plaintiffs suit is hit by section 69 of the indian partnership act. 1932, inasmuch as, by the agreement of 24-3-1965, a partnership was constituted which however has not been registered as a firm under section 59 of the indian partnership act.'she also filed another application in the court below under order 11, rule 12, c. p ..... of the petitioner, it cannot be said that it has exercised a jurisdiction not vested in it by law or has failed to exercise a jurisdiction so vested or has acted in exercise of the jurisdiction illegally or with material irregularity. in this view of the matter, mr. mohapatra urges that this court cannot interfere with the impugned order rejecting the .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-07-1973
Reported in : AIR1973Cal372
..... some of its officer, briefly in the circumstances as follows:2. the plaintiff which is a firm registered under the indian partnership act consisting of bhimraj somani, hardwari mal somani, om prakash somani, all partners and one satya narayan somani, a minor admitted to the benefits of ..... reasons hold that the magistrate would be empowered in exercising his jurisdiction to apply that provision by issuing a prohibitory order in case of attachment of partnership property in a criminal proceeding. mr. das also has relied on a passage from clerk and lindsell on torts, 11th edition under article 1500 ..... first respondent should have prayed before the s. d. o. concerned for the attachment of the share of bhimraj somani in the assets of the partnership firm and ask for instructions regarding the mode of attachment stating the facts. but there it was clearly wrong. there is no provision in the ..... the writ. so in the facts and circumstances of this case the precise question that falls to be considered is whether the attachment of the partnership property and assets belonging to the other three brothers was wrongful and illegal. in other words, whether the first respondent exceeded the authority given to ..... he was bound to execute the order and attach the properties of the partnership firm by actual seizure and therefore in any view of the matter he is entitled to protection under section 1 of the judicial officers protection act.11. the next question considered by the learned court below is one .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-20-1973
Reported in : 92ITR331(Cal)
..... of the income-tax act. the partners of the petitioner are biswanath samanta, tarapada daw and prasanta samanta. for the assessment year 1960-61 the ..... issued under section 148 of the income-tax act, 1961, for the assessment year 1960-61. the application also seeks for the issue of a writ in the nature of certiorari, inter alia, for quashing or setting aside the said impugned notice.2. the petitioner is a partnership firm registered under the indian partnership act. the petitioner is also registered under the provisions ..... income-tax officer, a-ward, special survey circle ii, calcutta, completed the assessment of the petitioner under section 23(3)/ 23(5)(a) of the indian income-tax act ..... of his income for that year had not been satisfied. in the premises, the income-tax officer wrongfully usurped jurisdiction in issuing notice under section 148 of the new act. the impugned notices cannot, therefore, be sustained. the application must succeed. the rule nisi is made absolute. there shall be a stay of operation of the order .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-19-1973
Reported in : 77CWN396,91ITR82(Cal)
..... meet with every mode or method of business dealing. business connection is not equivalent to carrying on a business. the appellants carry on the profession ot solicitors in partnership with one another. under the indian partnership act ' business ' includes every trade, occupation or profession. the matter in which one has a right of interference, in our view, comes within the ambit of ..... the expression ' business connection '. 6. it is not disputed that the appellant's firm acted as solicitors of the west german company in the two patent suits before the original ..... was a business connection, a mere casual connection, a collection which is not continued, would not be a business connection as contemplated under section 9(1)(i) of the act. there must be an element of continuity in the agency. an isolated transaction through an agent or even a connection for a short period, would not necessarily constitute business ..... obtained by the appellants in an application under article 226 of the constitution on the ground that it is premature as an alternative remedy is provided under the income-tax act, 1961. 2. two suits, one by the bengal chemical and pharmaceutical works ltd. and the other by ferbwerke hoechst aktiengesellschaft vormals meister lucius & burning (a corporation organised under .....Tag this Judgment!