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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 1991 Page 9 of about 204 results (0.151 seconds)

Jul 16 1991 (SC)

Khujji Alias Surendra Tiwari Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Jul-16-1991

Reported in : AIR1991SC1853; 1991CriLJ2653; 1991(3)Crimes82(SC); JT1991(3)SC151; 1991(2)SCALE80; (1991)3SCC627; [1991]3SCR1

..... of three eye witnesses was concerned. it was in the said circumstances that this court thought that the conviction of the appellant under section 302/34, ipc was not justified, particularly, after the evidence of the three witnesses was found to be unreliable. this also, therefore, is not a case where the ..... below. we make limited use of this evidence in the sense that we do not use any part of the evidence admissible under section 27. evidence act, against the appellant. we merely use the factum of find of the incriminating weapon from his garage and his inability to explain the presence of ..... . it was, therefore, contended by the counsel for the appellant that pw 5 panna lal was a stock witness whom the police had employed to act as a panch witness. pointing out that it was tulsi ram the brother of the deceased who had chosen him because he was closely associated with ..... submits that the evidence of a witness, declared hostile, is not wholly effaced from the record and that part of evidence which is otherwise acceptable can be acted upon. it seems to be well settled by the decisions of this court bhagwan singh v. state of haryana : 1976crilj203 ; rabinder kumar dey v. state ..... the weapons used in the commission of the crime, the investigating officer summoned two witnesses, namely, pw 5 panna lal and rajinder to act as panch witnesses. the prosecution case is that in the presence of these witnesses the appellant and his companions made certain confessional statements under section 27 .....

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Jun 17 1991 (HC)

Oriental Insurance Co. Ltd. Vs. Veeramma

Court : Karnataka

Decided on : Jun-17-1991

Reported in : 1(1992)ACC12

..... court.7. for the aforesaid reasons, our answer to the two questions set out first is that in all the appeals presented under section 173 of the act by a person against an award made by the tribunal in which he is directed to pay claimant:(i) making of the deposit of rs. 25,000/- ..... the language of the proviso to sub-section (1) of the section 173 of the act is peremptory in nature. it is well settled rule of interpretation that when the wording of a statutory provision is couched in a negative language, it is rarely ..... further stated that in a case where the insurance company pleads that it was not liable to play the amount awarded in view of section 147 of the act, it is not necessary for the insurance company to make the deposit.5. in our opinion, both these submissions made by the learned counsel are untenable. ..... filed, appeal papers were returned to the learned counsel calling upon him to make the deposit in view of the papers to section 173(1) of the act. the learned counsel returned the papers stating that the question of depositing arises if only the high court directs that such a deposit should be made. he ..... awarded by the tribunal, whichever is less, if only directed by the high court?and(2) how the deposit should be made?2. section 173 of the act reads:173.appeals: (1) subject to the provisions of sub-section (2), any person aggrieved by an award of a claims tribunal may, within ninety days from .....

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Nov 29 1991 (SC)

Ayyasami Vs. State of Tamil Nadu

Court : Supreme Court of India

Decided on : Nov-29-1991

Reported in : AIR1992SC644; 1992CriLJ608; JT1991(4)SC474; 1991(2)SCALE1204; (1992)1SCC304; 1992(1)LC251(SC)

..... . the special judge after considering the evidence led on behalf of prosecution held the appellant to be guilty for offence under section 5(2) of prevention of corruption act and section 161 of the indian penal code. he was convicted and sentenced to rigorous imprisonment for two years under both the counts which were to run concurrently. a fine of rs. 500 .....

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Jan 11 1991 (SC)

Shiva Glass Works Co. Ltd. Vs. the Assistant Collector of Central Exci ...

Court : Supreme Court of India

Decided on : Jan-11-1991

Reported in : AIR1991SC456; (1991)1CALLT35(SC); 1991(32)ECC85; 1991(51)ELT637(SC); JT1991(1)SC73; 1991(1)SCALE12; (1991)2SCC329; [1991]1SCR43; 1991(1)LC464(SC)

..... the purposes of provisional assessment. these prices are inclusive of central excise duty. as regards trade discounts to be deducted from the said prices as per section 4 of the act we declare that 1) 25% should be deducted from the price list for bottles and phials. 2) 35% from the price list for glass-wares and 3) 20% from the ..... any duty, or of any deficiency in duty has for any reason been short-levied, or of any other sum of any kind payable to the central government under the act or these rules, such duty, deficiency in duty or sum shall on a written demand made by the proper officer, be paid to such person and at such time and ..... no. 167/1972. the facts in nutshell necessary for the decision of this appeal are that the appellant-company, a licensee under the central excise and salt act, 1944 (hereinafter referred to as the act) carried on during the relevant time, namely, 1st september, 1961 to 26th september, 1963, business of manufacturing different types of glassware's which were excisable goods under ..... the act. the appellant used to present a.r.i. forms accompanied with price lists of the goods and after paying excise duties calculated on the basis of the price lists used .....

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Oct 10 1991 (HC)

Satchidananda Samanta Vs. Ranjan Kumar Basu and Others

Court : Kolkata

Decided on : Oct-10-1991

Reported in : AIR1992Cal222,(1992)1CALLT463(HC)

..... an unregistered partnership business the sale document can be used in evidence. we are of the view that the observation ..... terms of the licence completely militates against sub-rule (1) of rule 19 of the said rules and the agreement is, thus, void by s. 24 of the contract act and the partnership is illegal. it is submitted that in this case also it is an admitted position that the cinema business is being run in the suit land on the basis ..... and latif had each 4 annas and achutananda had 2 annas share in thepartnership business. it was further agreed that aswini kumar pramanik, the brother of bishnu would act as manager of the partnership business. aswini kumar as manager looked after the said business. satchidananda having no manner of title and possession in the property in suit. the present suit is liable ..... . he has also urged that unregistered partnership deed dated 26th november, 1952 cannot also be treated as a valid document.31. on considering the submission made by both the parties we are of the view that the unregistered partnership deed cannot be enforced as a valid agreement in view of s. 9 of the partnership act, but for the purpose of dissolution of such .....

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Mar 26 1991 (SC)

Buta Singh Vs. the State of Punjab

Court : Supreme Court of India

Decided on : Mar-26-1991

Reported in : AIR1991SC1316; 1991CriLJ1464; 1991(1)SCALE597; (1991)2SCC612

..... two accused were convicted under sections 324 and 323 read with section 34, ipc but were released on probation on their executing a bond in the sum of rs.2,000/-. the appellant buta singh alone preferred an appeal, being criminal appeal no. 134 ..... , they were sent for medical examination and thereafter they were tried and convicted under sections 302, 324 and 323 read with section 34, ipc.3. the trial court accepted the prosecution evidence and convicted the appellant under section 302, ipc and sentenced him to suffer rigorous imprisonment for life. he was also convicted under sections 324 and 323 read with section 34 ..... , ipc and was sentenced to suffer rigorous imprisonment for 9 months and 6 months respectively. the substantive sentences were ordered to run concurrently. the other .....

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Aug 02 1991 (SC)

S.G. NaIn Vs. Union of India

Court : Supreme Court of India

Decided on : Aug-02-1991

Reported in : AIR1992SC603; 1992CriLJ560; 1995Supp(4)SCC552

..... the force. the complainant sought appellant's prosecution under section 10(n) of the c.r.p.f. act, 1949 which reads as under :every member of the force who; (n) is guilty of any act or omission which, though not; specified in this act, is prejudicial to good order and discipline; shall be punishable with imprisonment for a term which may extend .....

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Mar 18 1991 (SC)

Ahmed Dadabhai Advani Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Mar-18-1991

Reported in : AIR1991SC1079; (1991)93BOMLR120; 1991CriLJ1418; JT1991(5)SC178; 1991Supp(2)SCC652

ordera.m. ahmadi, j.1. special leave granted.2. we have heard counsel on both sides. the appellant and two others had entered into a partnership for starting business. on the date of the incident the appellant alone was at the shop. there was a half used oil tin lying in the shop which was still ..... there was undue delay in forwarding the copy of the report to the appellant as required by rule 9a. the high court thereafter invoked section 114(a) of the evidence act and came to the conclusion that it must be taken to have been received in due course. rule 9a uses the word 'immediately' replacing the words 'within ten days'. this .....

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Dec 12 1991 (HC)

Maharashtra State Electricity Board and anr. Vs. National Transport Co ...

Court : Mumbai

Decided on : Dec-12-1991

Reported in : 1991(4)BomCR556; (1992)94BOMLR433

..... sum of r. 5,78,250/- alongwith interest @ 6% p.a. as damages on account of breach of contract passed in favour of m/s. national transport company, a registered partnership firm (original plaintiff). first appeal no. 172/1983 is plaintiff's appeal against reduction of claim for damages.2. the substance of the case of the plaintiff is:the plaintiff ..... support of the two was also different.18. in this connection our attention was also invited on behalf of the defendants to sections 21 and 24 of the specific relief act. the submission is that in a suit for specific performance of contract the plaintiff may also claim compensation for its breach either in addition to or in substitution of such ..... . muss. chandkour v. partab singh 15 i.a. 156 : 16 cal. 98 p.c. (supra). this observation was made by lord watson in a case under section 43 of the act of 1882 (corresponding to order 2, rule 2), where plaintiff made various claims in the same suit.'having regard to the above principles, it cannot be said that both suits ..... cou 110 wherein it is held that where no objection is taken to the admissibility of documents, it was unnecessary to consider whether the document was admissible under the evidence act or not. (2) p.c. purushottama reddier v. perural, : [1972]2scr646 , wherein objection to the admissibility of the police reports on the ground of their maker not having been examined .....

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Jan 28 1991 (HC)

Dorab Bomanji Ghadiali Vs. Jamshed Kanga and Others

Court : Mumbai

Decided on : Jan-28-1991

Reported in : AIR1992Bom13; 1991(2)BomCR244; 1991(2)MhLj878

..... proposal was sanctioned and since that time small establishments in the city have to pay this charge. 3. petitioner a watch-repair business, run in partnership by two brothers challenges the validity of the impost. it is contended that the petitioner already pays a sewerage charge. imposing on them a trade ..... to levy a 'trade refuse charge' equal to the registration fee payable per year by every establishment under the bombay shops and establishments act, 1948 (shops act). thereason given out was that small trades were generating a refuse which was being collected and disposed by the corporation without the conductors of ..... the impost does not have the sanction of law. exh. d incorporates the resolution imposing trade refuse charges upon small establishments covered by the shops act. a reading of exh. d shows that the administrator in imposing the trade refuse charge was exercising a power believed to he vested in the ..... 's return denies the correctness of the averments summarised above. they point to sections 367 and 368 of the act as justifying the levy. in the alternative section 479 is relied upon as being the source of power justifying the levy. petitioner's accusations ..... been given that policy decisions would not be taken by him except with the previous assent of the legislature. there was no provision in the act to levy a trade refuse charge. exhibit 'd' deserved to be quashed and an injunction was sought to prevent its recovery.4. the corporation .....

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