Court : Kerala
Decided on : Jan-14-1991
Reported in : (1999)IIILLJ1439Ker
..... ordervarghese kalliath, j. 1. petitioner is a firm registered under the indian partnership act. it carries business in textiles at kottayam. the firm has started business on march 12, 1960. there is no dispute that the petitioner firm is a registered firm.2. there ..... crucial facts, which are important for a final conclusion have not been considered, applying the correct law with regard to those facts. admittedly the four firms are registered under the partnership act. though a partnership is not considered to be a legal person, it has got almost all the trappings of a legal person. further in this case, the fact that the four ..... . in this case, there is no dispute that the four firms, in a way have got a separate and independent character insofar as by virtue of the registration under the partnership act, they can be considered as a separate entity. that vital aspect has not been properly dealt with in the order passed by the first respondent.7. i do not want ..... case. they are m/s. parthas textile, kayamkulam, m/s. parthas, trivandrum, m/s. parthas textiles, nagarcoil and m/s. parthas textiles, alleppey. these are also firms registered under the partnership act on july 7, 1975, november 17, 1976, september 1, 1978 and august 17, 1981 respectively.3. the question involved in this case is whether the four .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-27-1991
Reported in : (1992)101CTR(Kar)128; 193ITR77(KAR); 193ITR77(Karn); 61TAXMAN209(Kar)
..... even persons other that partners. it cannot be averred even that a person who provides finance to the firm becomes in any way a partner of the said firm, the indian partnership act also does not make it obligatory on the part of the partners to contribute capital to the firm.' 19. as to the scope of an explanation, the learned judge observes ..... by itself will not be the consideration for holding that such payment is hit by the provisions of section 40(b) of the act.' 18. again at page 290 : 'obviously there is a difference between the capital of a partnership business and the finance required for the said business. the distinction lies in this that 'capital' is contributed by the partners under ..... partner on the monies lent by him is not liable to be added back under section 40(b) of the act; and (b) similarly, if a person is a partner in his individual capacity and if such partner lends to the partnership monies belonging to the hindu jointly family of which he is the 'karta', then the interest paid on the monies ..... : 'in this scheme of things, it is obvious that under the provisions of the income-tax act, there is no inconsistency in treating an individual as a person distinct from the same individual representing the hindu undivided family as its karta for the purposes of partnership in a firm. the question, therefore, is whether, in such situation, for the purpose of section .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-22-1991
Reported in : AIR1992SC481; I(1992)BC187(SC); JT1991(5)SC355; 1992(I)OLR(SC)1; 1991(2)SCALE983; (1992)1SCC145; Supp1SCR542; 1992(1)LC471(SC)
..... contention raised by sri sushil kumar jain, learned counsel for the appellant is that by operation of section 19(2)(a) of the indian partnership act, 1932 (for short as the 'partnership act') there is no implied authority given to one of the partners to refer the dispute relating to the business of the firm for arbitration ..... court found that satya narain has implied power to conduct business on behalf of the partnership firm and the implied authority binds all the partners. section 18 of the partnership act postulates that 'subject to the provisions of the act a partner is the agent of the firm for the purposes of the business of ..... the firm'. section 19(1) adumbrates that 'subject to the provisions of section 22 the act of the partners which is done ..... special leave under article 136 of the constitution is against the order of the high court of rajasthan dated july 7, 1983. the appellant a partnership firm consists of nine partners of which satya narain is one of the partners. on july 25, 1973 satya narain submitted a tender to the ..... thereof the dispute is to be referred to the arbitration. therefore, the reference made by the addl. district judge under section 20 of the arbitration act is perfectly within the jurisdiction and in terms of the contract. it is not the case of the partners that the firm is not carrying .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-20-1991
Reported in : (1991)99PLR666
..... of the firm m/s sugan textiles, the alleged tenant. could not withdraw the revision petition in view of section 19 of the partnership act. section 19(2) of the indian partnership act reads as under:-'in the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not ..... the firm 'the contention of the counsel for the petitioner is that in view of sub-clause (d) of section 19(2) of the partnership act, laksbmi narain having filed the previous revision petition on behalf of m/s sugan textiles was not competent to withdraw it since there were other ..... final no doubt, the appeal would be continuation of the original proceedings but when the question for consideration is regarding the competency of the person to act as landlord sad a question has to be decided if raised on evidence as to whether such a person would be covered under the defnition of ..... 2) of section is. i have given due consideration to these arguments but i do not find any force therein. under section 15 (2) of the act a power is given to the appellate authority for staying further proceedings in the matter pending decision of the appeal in the case of an order of ejectment ..... by the landlord during pendency of the ejectment proceedings as argued, the owner of the premises would cease to lie landlord and the authorities under the act would cease to have jurisdiction to order ejectment of the tenants. in support of this contention, reliance has been placed on the pull beach decision of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-10-1991
Reported in : (1992)102PLR310
..... raj kumar, who is a partner of the petitioner and in view of the provisions of section 24 of the indian partnership act, 1932 the requirement of service of notice should be deemed to have been complied with.3. section 4 of the act provides as under :-o'section 4. issue of notice to show cause against order of eviction : -(1) if the collector ..... . 3 alone was not sufficient. even otherwise, there is nothing on record to show that respondent no. 3: was a partner, who '-habitually' acted 'in the business of the firm' as required under section 24 of the partnership act. the specific averment of the petitioner that the provisions of law viz., section 4 were not complied with has not been denied by filing ..... that the application filed by the municipal committee has been allowed without service of any notice on the petitioner. he has relied upon the provisions of section 4 of the act to contend that it was incumbent on the collector to have served a notice in accordance with the provisions of law before proceeding to accept the application filed by the ..... ) by which an application filed by the municipal committee, gobindgarh (respondent no. 2) under section 5 of the punjab public premises and land (eviction and rent recovery) act, 1973, (hereinafter referred to as 'the act') for his eviction from the shop was allowed his appeal before the com- missioner, patiala division, patiala also having been dismissed vide orders dated january 12, 1988 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-04-1991
Reported in : 1992(0)MPLJ563
..... of a company and section 34 thereof speaks of effect of such registration. there is no provision in the companies act similar to that of section 69 of the indian partnership act, 1932 barring a suit by the secretary or by any director or any other principal officer of the corporation who ..... is able to depose to the facts of the case. in akola gin combination v. northcote ginning factory (supra), the court of judicial commissioner, nagpur held that an association of persons not registered under the companies act ..... other members of an association formed in contravention of section 11(2) of the companies act, 1956 was not tenable. it was also held that the analogy of section 69(3)(a) of the partnership act, 1932 does not apply to the case of an association of persons which is required ..... to be registered under the companies act. to sum up, a suit by an unregistered company was held to be not ..... termination of his employment, the defendant surrendered possession of the land to his master and, thereafter, dispossessed it. there was even no overt act, showing disclaimer of the plaintiffs title over the suit land. the learned counsel for the legal representatives of the deceased defendant argued that as the .....Tag this Judgment!
Court : Gujarat
Decided on : May-01-1991
Reported in : (1992)1GLR136
..... the abovereferred petitions by this common judgment.2. the above referred question arises for consideration in the following facts:the petitioner in each petition is a partnership firm registered under the provisions of indian partnership act, 1932, and is carrying on business of taking cinema films on hire basis, exhibiting the same, taking theatres on rental basis, constructing theatres etc. ..... in the case of hukam chand (supra), he was allotted certain agricultural lands situated in an urban area under the provisions of the displaced persons (compensation and rehabilitation) act, 1954. subsequently rule 49 of displaced persons (compensation and rehabilitation) rules, 1955 was amended and explanation was added to it and the amendment was given retrospective effect. ..... tenants. from the said judgment it becomes clear that the rights of the tenant were recognized and protected by the provisions of the bombay tenancy and agricultural lands act, 1948 itself and not by notification and therefore the said valuable rights which conferred statutory status to individuals could not have been taken away retrospectively by the ..... that the recession of prior notification and substitution of it by another notification tentamounts to repeal of prior notification and therefore consequences of repeal under the general clauses act, would apply, and therefore the respondents were not justified in collecting the duty as regards unexpired period of five years in respect of cinema houses and theatres .....Tag this Judgment!
Court : Chennai
Decided on : Apr-24-1991
Reported in : 194ITR197(Mad)
..... 101itr390(mad) . in this decision, this court, while considering the provisions of the income-tax act, 1961, and section 4 of the indian partnership act, 1932, held as under (headnote, p. 391) : 'the acts of the organs of the corporation are to be attributed to the corporation and treated for legal purpose as though ..... they were acts of the corporation itself. however, when an act or mental state will be ..... did not deprive the assessee of the benefit of deduction the entire interest paid on borrowed capital under section 10(2)(3) of the indian income-tax act, 1992, and a part of the interest could not, therefore, be disallowed.' 38. in this decision, the andhra pradesh high court ..... samachar ltd. : 74itr723(bom) , the bombay high court, while considering a similar question arising under section 10(2) (iii) of the indian income-tax act, 1992, expressed the following view (headnote) : 'the view that if the assessee had collected the outstanding which were due to it from others, it ..... genuine. he, therefore, did not accept the income as disclose by the assessee-company and applying the proviso to section 13 of the indian income-tax act, 1922, made an addition. however, the tribunal found that though the contracts were not genuine, the assessee was not responsible for that .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-11-1991
Reported in : (1991)96CTR(Kar)182; 192ITR525(KAR); 192ITR525(Karn)
..... a profession cannot be equated with such a meaning attributed to business. 7. learned counsel for the revenue first referred to section 4 of the partnership act to contend that the very constitution of a firm is to enable the carrying on of a business and, therefore, whenever a firm is ..... or make any contribution.' 14. the bench also pointed out that the law commission had also expressed itself against the earlier provision applying to a partnership between the husband and wife engaged in professions as doctors, lawyers, etc. however, the bench pointed out that, in the case of a couple ..... answer will cover questions nos. 1 and 3 also. 20. regarding the second question, the same is covered by the decision of the supreme court in indian and eastern newspaper society v. cit : 119itr996(sc) . the said question cannot be a basis for action under section 147(b). the said ..... rights of individuals will have to be read in the context of the indian constitution. the provision of law should not contravene the constitutional provisions like the fundamental rights. if a lady doctor runs a nursing home in partnership with another doctor (who is not her husband), then certainly section 64( ..... are barred from carrying on their respective professions on commercial lines. 11. the history of section 64 was also referred to. in the earlier indian income-tax act of 1922, the predecessor section was section 16(3). the said provision provided for including the in come of the wife of an individual arising .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-06-1991
..... , -the firm shall apply for fresh registration for the assessment year concerned in accordance with the provisions of the said section.9. section 30 of the partnership act, 1932, inter alia, provides that a person who is a minor according to the law to which he is subject may not be a partner in ..... to become a member and, if he does so, he is personally liable for all acts of the firm from the time he was admitted to the benefits of partnership. so, from the language of section 30 of the partnership act, in our opinion, it is clear that, after attaining majority, a person can admit even ..... is void. the above section 30, however, permits a minor being admitted to the benefits of partnership. we may quote here sub-section (5) and clause (a) of sub-section (7) of section 30 of the partnership act. '(5) at any time within six months of his attaining majority, or of his obtaining knowledge ..... income-tax officer, by an order dated june 5, 1984, took the view that, under the provisions of the partnership act, 1932, a minor cannot be made a full fledged partner, the above deed of partnership is void in law and, accordingly, he refused registration to the firm for the assessment year in question, i.e ..... . on the other hand, dr. sarma, learned counsel for the assessee, has urged that, considering section 30 of the partnership act, 1932, and as the account of the partnership business was to be taken at the close of the accounting year, there is no illegality. according to dr. sarma, after attaining .....Tag this Judgment!