Court : Supreme Court of India
Decided on : Jan-06-1999
Reported in : JT1999(9)SC554; (1999)6SCC44
..... to the validity of the notice issued by the plaintiff.4. on the pleadings of the parties, the following issues were framed:(1) whether the plaintiff firm is a registered partnership firm?(2) whether the plaintiff proves that the defendant has entered into a contract of supply of forms and registers as alleged in plaint para 2?(3) whether the notice ..... , contended that while deciding issue 7 the high court ought to have given the relief prayed for.8. it appears that the contention based on section 70 of the contract act was not raised before the high court. nevertheless on the basis of the findings recorded by the trial court, the high court could have considered the applicability of section 70 ..... have been entered into between the parties. but the matter does not end here. learned counsel for the appellant sought to invoke the provisions of section 70 of the contract act and it was contended that the trial court had found that the order was placed on the appellant after quotations had been invited. he submits that it is clear that .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-13-1999
Reported in : 1999(4)ALLMR142; 1999(4)BomCR729; (1999)3BOMLR339
..... would have to be paid as additional security deposit. we are unable to accept the contention of the petitioners that the interpretation of this clause by which the respondents have acted is so unreasonable or so arbitrary as to be hit by article 14 of the constitution of india. 33. mr. madon then contended that the interpretation which the ..... violates the mandate of article 14 of the constitution of india. the submission of the learned counsel is that accepting this interpretation of the respondents would permit the respondents to act in an arbitrary manner which is anathema to article 14 of the constitution and should make us see red. learned counsel for the respondents, however, rejoin that the interpretation ..... have expounded the rationale behind article 14 of the constitution of india, which is truly the lynchpin of the rule of law. article 14 demands that all public authorities act consistently with the rule of law and that all their actions confirm to reasonableness. anything less in anathema and liable to be interfered with by a constitutional court invested with ..... corporation set up under the provisions of the bombay municipal corporation act, 1888, hereinafter referred to as 'the act'. the second respondent is the commissioner of the said corporation exercising statutory powers under the act. the third respondent is an officer of the first respondent corporation. the petitioners are respectively a partnership firm and a sole proprietory concern doing the business as municipal .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-08-1999
Reported in : (2000)72ITD1a(Delhi)
..... exchange. after the share-broker's death, such joint shareholder will be deemed to be registered share-holder by survivorship. under article 31, the shareholder has right to enter into partnership with any number of his near relations, who are all enumerated in the said article, without their acquiring individual membership of the exchange and the qualifying share of dse. such ..... its partners or members, shall be allocated amongst them in the proportion of their capital contribution. according to clause (ii), the residue is allocated in accordance with the agreement of partnership or association for the distribution of assets in the event of dissolution and in the absence of any such agreement, in the profit-sharing ratio.sum total of amounts allocated ..... be considered sufficient to qualify the constituent member as member of the exchange.shri bajpai pointed out that three significant points emerge from out of the provisions allowing formation of partnership : (1) close relations is eligible for membership in all respects, provided that he possesses all the qualifications which are required for becoming a member, (2) the only concession provided ..... same into effect with full powers nevertheless at any time and from time to time to agree to any modification thereof subject to the provisions of section 99 of the indian companies act, 1913. the authorised share capital of the dse was rs. 8,00,000 divided into 400 shares of rs. 2000 each.12. the learned standing counsel continuing his .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Dec-03-1999
..... assessee's a.r. before the hon'ble members. it was communicated by the assessee's a.r. that vipko sales corporation is a partnership concern which filed its return of income for assessment year 89/90 before the ito ward 24(3) bombay. on verification of the income- ..... noted that my statement is binding for s.m. khandhar & company, proprietorship concerns to some extent suman motels ltd., in the capacity of director and partnership concern (to some extent) where i am partner. my statement is not binding to anybody else as they are separately assessed to income-tax department. ..... above referred statement (1) khandhar group and all khandhar family members are regularly assessed to him income-tax department. (2) all other proprietorship and partnership concerns also regularly assessed to the income-tax department. (3) it is general practice in our market that parties are not co-operative to the ..... income reflected in the transactions in the bank pass books under reference. ans. that list contains bank a/cs. of khandhar group and other partnership and prop. concerns. all partners and proprietors are physically available but their credit worthiness is not linked with the transactions in the concerns under ..... circumstantial evidence or presumptions of law or fact." 84. the above position about a presumption of law finds a place in section 103 of the indian evidence act, 1872, which reads as follows :- "the burden of proof as to any particular fact lies on that person who wishes the court to .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Madras
Decided on : Feb-01-1999
Reported in : (1999)70ITD127(Mad.)
..... supreme court's decision in sunil siddharthbhai's case (supra) wherein it was held that an asset belonging to an individual partner was brought to the partnership business towards his capital. the transaction, no doubt, amounted to a transfer. in this case also, the transfer is very much involved when once the ..... held on the basis of the supreme court and madras high court decisions cited in para 10 of his order that the conversion of proprietary business into partnership business involved transfer. he held that the obiter in s. balasubramanian's case (supra) holding that the decision in the case of dalmia magnesite corpn.( ..... . (see finance minister's budget speech 1961-62 41 itr st. 33 at 55 p. 97 and s. 6 of finance act, 1961).10. when the indian it act, 1922 was substituted by the it act, 1961, s. 32 provided for development rebate as before on almost identical terms. sub-s. (5) enabled the government to ..... the facts are that the assessee-firm was constituted with 4 partners on 1st september, 1960. two of them retired and the partnership was reconstituted with the remaining two partners who continued the same business. on 3rd march, 1968, one of the two partners died. as a result, the ..... , the investment allowance already granted is to be withdrawn.the case of conversion of proprietary business into partnership business has been held to be "transfer" in terms of s. 34(3)(b) of the it act, 1961 so as to warrant the withdrawal of development rebate by relying on the ratio of the supreme .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Dec-08-1999
Reported in : (1999)(115)ELT238TriDel
..... that to read the definition of the word 'person' occurring in section 3(42) of the general clauses act, 1897 into section 4 of the partnership act will be totally repugnant to the subject of partnership law. further we find that the indian merchants can secure registration of their brand names in foreign countries and similarly in certain circumstances foreign merchants could secure ..... registration of their brand names in india.section 131 and 132 of the trade and merchandise act, 1958 are extracted below ..... are not competent to enter into a contract. they cannot enter into a contract because not that they are not persons but because of their incapacity. section 11 of the indian contract act reads as under : - "section 11. who are competent to contract - every person is competent to contract who is of the age of majority according to the law ..... that matter, to section 5a of the act. such a person, therefore, would not fall within the purview of the aforesaid expression " another person who is not eligible...this notification". the inevitable result is that the taboo contained in para 7/4 cannot be extended to indian small scale manufacturers' specified goods affixed with brand names/trade names of persons .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Nagpur
Decided on : May-24-1999
Reported in : (2000)73ITD379(Nag.)
..... his contention : 15. the learned counsel for the assessee invited our attention to the definition of gift in s. 122 and also s. 123 of the partnership act and submitted that gift is not completed by the agreement deed. he also placed reliance on the departmental circular no. 346, dt. 30th june, 1982 and ..... gift is received have also purchased flats and rate of sale is the same as that of nris from whom gift is received as well as that of indian purchasers (p. 47) of the (paper book-ii) is also correct. no separate additions are made in respect of such amounts in other group of ..... have done so without examining the donors and in this case donors have not been examined.in this case the assessee received gift from two non-resident indians and furnished confirmatory letters from them. the assessee could not disclose the source of amount nor could establish the identity of the donors. the cash credit ..... para gifts received by shri s. n. patil, shri p. n. patil and shri d. n. patil from nre a/c's of the non-resident indians have been discussed and a conclusion has been drawn that the gifts are nothing but amounts received as on-money against sale of flats by the assessee. while coming ..... patil (father of shri parag d. patil partner). these gifts have been taken from the nre accounts maintained in india by the non-resident indians and have been taken in the indian currency. the observations and marks of the ao about these gifts in his order are as under : "(a) the relationship between the donor .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-03-1999
Reported in : (1999)122PLR740
..... decree dated 28.9.1992.2. i am unable to appreciate any substance in either of the afore-stated contentions. admittedly, the petitioner herein had been a party to the partnership deed dated 11.3.1987 which contained the arbitration clause. an arbitrator was appointed in furtherance to the arbitration agreement between the parties and because of some disputes having arisen ..... of civil procedure in so far as it is principally applicable to the arbitration proceedings would have to be taken recourse to an in view of the provisions of the indian arbitration act, the present suit appears to be misconceived and in any case cannot be said to be a bonafide exercise of legal rights which would entitle the petitioner to a ..... and 3 to modify the award as they had wrongly included the assets of m/s gandhi silk emporium. under the provisions of section 14 and 17 of the arbitration act, the parties approached the court for award being made rule of the court. the petitioner filed objections on 26.6.1992 taking up the pleas now sought to be raised .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Amritsar
Decided on : Dec-06-1999
Reported in : (2000)72ITD139(Asr.)
..... the profit estimated and which was done by the authorities on the basis of the performance of the predecessor-interest of the assessee, namely, the partnership firm. apart from this, the tribunal had before it the disclosed turnover of the assessee and there was ample material once again before the tribunal ..... of 'public documents' which may be admitted as these were relevant to the issue. according to the ld.d.r., technical rules of the indian evidence act would not apply and he in fact sought to invoke rule 29 of the appellate tribunal rules.21. the ld. d.r. also opposed the ..... noticed at this stage that the milling of paddy and the sale of rice were controlled in the assessment year 1958-59 under the essential supplies act and the stocks in the possession of rice dealers and millers were from time to time checked by the food and civil supplies department. the district ..... it was also the further submission that the trade was regulated by the market committee concerned which was a requirement of the punjab agricultural produce markets act, 1961.12. the ld. counsel further stated that the assessing officer at page 3 of the assessment order referred to the figures of paddy ..... submission that milling of paddy had taken place even on sundays and gazetted holidays. further, the maintenance of attendance register was necessary under the factories act. on the basis of the aforesaid facts, the assessing officer applied proviso to section 145(1) on the ground that the correct profits could not .....Tag this Judgment!
Court : Chennai
Decided on : Jul-27-1999
Reported in : 1999(3)CTC486
..... the honourable supreme court reported in kondiba dagadu kadam v. savitri sopan gujar and others, : 2scr728 . their lordships have said that the purpose of amendment to the civil procedure code under act 104 of 1976 was to minimise litigation, ensure fair trial in accordance with principles of natural justice, to expedite the disposal of civil suits and proceedings so that justice is ..... in the banking business? (3) whether, in the given circumstances, the lower appellate court is correct in applying sec. 34 of cpc and section 21-a of the banking regulation act 1949 to the pending mortgage suit? (4) whether the provisions of order 34, rule 11 cpc override the provisions of section 21-a of the banking regulation ..... and whether the provisions of order 34, rule 11 of cpc is not controlled by the section 21-a of banking regulation act, 1949? (5) whether the courts below had exercised their judicial discretionary power of court to determine the rate of interest pending the suit? and (6) whether the judgment reported in .....Tag this Judgment!