Court : Andhra Pradesh
Decided on : Oct-29-1999
Reported in : 2000(2)ALD548; 2000(2)ALT490
..... for recovery of rs.3,00,067-40 ps.2. the averments of the plaint in brief are as follows :the defendant no. 1 is a partnership firm and defendants 2 to 11 are the partners. the first defendant obtained documentary bills purchase facility for the business up to a limit of rs. ..... them not to file the suit. however, the amount was deposited under ex.a44 on 27-8-1982. under section 98-g of the negotiable instruments act, when a party entitled to notice, knowing the facts, promises unconditionally to pay the amount, due on the instrument, the notice of dishonour is not ..... has been dishonoured to all the parties to whom the holder seeks to make severally or jointly liable.24. section 105 of the negotiable instruments act provides for the reasonable time for giving notice of dishonour.25. section 106 determined as to what is the reasonable time for giving the notice of ..... 431).'11. he also brought to our notice sections, 30, 31, 90, 93, 94, 95, 105 and 106 of the negotiable instruments act (hereinafter called as 'the act'), which casts an obligation on the holder of the instrument to issue a notice of dishonour within a reasonable period or within the time stipulated ..... dishonour immediately on their dishonour. hence, they are not liable in respect of the suit hundies for want of notice as prescribed under the negotiable instruments act. the plaintiff neither has given notice of dishonour nor did he return the railway receipts on account of which, the defendants have sustained loss as .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-30-1999
Reported in : 1999(4)ALLMR52; 1999(3)BomCR691; 2000(1)MhLj637
..... . the petitioner assessed as an individual for the purpose of income tax and wealth tax, is also a partner in a partnership firm m/s a.g. wagle. she owns various properties including agricultural land at sanco alois (goa), bearing matriz nos. 510 and 512. she ..... opened on the ground of opinion of an internal audit party of the income-tax department, it was held by the supreme court in case of indian and eastern newspaper society v. commissioner of income-tax, new delhi, income tax reports 1979(119), that a point of law cannot be regarded as ..... 'information' within the meaning of section 147(b) of the income tax act, 1961 for the purpose of re-opening an assessment. similarly, the letters issued by government of india placing reliance on it cannot be treated as 'information ..... the conclusion that could reasonably be drawn from the primary facts. if the income tax officer who issued notice under section 34 of the then act did not have any material before him for believing that there had been any material non-disclosure because of which an under-assessment had taken ..... petition by laxmibai a. wagle (now deceased through her legal representatives), challenging the validity of a notice issued under section 148 of the income tax act, 1961, praying for quashing the said notice and an order of prohibition preventing the respondent income tax authorities from proceeding in furtherance of the said notice .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-1999
Reported in : AIR1999SC2181; 1999(1)ALD(Cri)874; 89(2000)CLT130(SC); 1999CriLJ3496; 1999(2)CTC263; JT1999(3)SC408; 1999(3)SCALE103; (1999)5SCC238; 2SCR1005; 1999(2)LC831(SC)
..... of the aforesaid legislative mandate, only the offences which are covered by table 1 or 2 as stated above can be compounded and the rest of the offences punishable under indian penal code could not be compounded.6. further, decision in ram pujan's case (supra) does not advance the contention raised by the appellants. in the said case, the court ..... mahesh chand (supra) was rendered perincuriam.5. in our view, submission of the learned counsel for the respondent requires to be accepted. for compounding of the offences punishable under the indian penal code, complete scheme is provided under section 320 of the crpc, 1973. sub-section (1) of section 320 provides that the offences mentioned in the table provided thereunder can ..... month's r.i and fine of rs.1,000 in default of payment of which to undergo r.i for further three months for the offence under section 326 ipc and no separate sentence was imposed on the other counts of offences. against that order, these appeals are filed by special leave.4. it is vehemently contended by the learned .....Tag this Judgment!
Court : Chennai
Decided on : Oct-01-1999
Reported in : AIR2000Mad92
..... experience. competency, as well as to ensure that they are not disqualified in any manner as per section 226 of the companies act. similarly, i am satisfied that the documents to be attached with the application, viz., the partnership deed, the balance sheet, profit and loss account, latest income tax returns and assessment order of the firms as well as individual ..... attributed in removing such defects and finding a solution for giving equal opportunity to all similarly placed chartered accountants. our intelligentsia should not be either misunderstood or underestimated, as many indians have proved equally good or excelled whenever and wherever they are given equal opportunity. the defects observed, by experience, in the existing system, if warranted to be rectified, ..... & ag have arbitrarily and unreasonably insisted upon these details and documents, offending article 14 of the constitution of india, and hence, the reliance placed on the ratio laid down in indian council of legal aid & advice v. bar council of india reported in : 1scr304 , is inappropriate.45. in s. narayan v. union of india, : air1976sc1986 , the apex ..... k, l, m, n and o have no relevance to the object of preparation of panel. the creation of a category of foreign firms will obviously discriminate against indian firms not fulfilling the foreign criteria. even assuming that the object and purpose behind insisting for furnishing such information and documents are noble and laudable, the institute have no legal .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-06-1999
Reported in : 2000CriLJ3329
..... of the two things and threatened shamim and offered threats to him. pw 10 shafiq ahmad turned hostile. pw 11 rafiq ahmad stated that in his presence partnership had been settled between pw 1 shamim and five accused persons and shamim had given rs. 10,000/- to the accused mobin (acquitted).8. the ..... have simply worked on suspicion against the accused-appellant as one of them p.w. 1 shamim had a dispute with one of them mobin over partnership business. there are reasons as to why the testimony of these two witnesses is unworthy of belief as to the main stoiy of the prosecution that ..... the partnerhsip issue. he had not done anything to incur the displeasure of the accused after they had declined either to give him share in the partnership business or to return his invested money. judged in this right perspective, there could hardly be any motive on the part of the accused-appellant to ..... accused to exterminate the entire family. they would have naturally caused the cooking pot to be emptied to be on the safer side against any foul act of their enemy-accused-appellant. it was more so required of them because they had allegedly seen that his right fist was closed when he came ..... in the cooking pot when none was around. it has to be kept in mind that the culprit of an offence like the present one would ordinarily act clandestinely. it is illogical that the accused-appellant would approach the chulha of the complainant with chilam in one hand and another closed fist, presumably containing .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-25-1999
Reported in : AIR2000Bom114; 2000(2)ALLMR361; 2000(2)BomCR47; (2000)1BOMLR883
..... dated 25th january, 1999 under sections 30 and 33 of the arbitration act, 1940. the facts that are material and relevant for deciding this petition are as under.2. the firm m/s. v.h. patel and co- is a registered partnership firm. the business of the firm is manufacturing and selling chewing tobacco ..... for dissolution of the firm made by the petitioner no. 1. the learned counsel, relying on a judgment of the supreme court in the case of indian oil corporation ltd. v. amritsar gas service and others, reported in : (1991)1scc533 submitted that the supreme court in that case, where all disputes ..... suits filed by the parties were referred to the learned arbitrator. in view of the law laid down by the supreme court in its judgment in indian oil corporation's case referred to above, it was obligatory on the part of the arbitrator to consider that question. the learned counsel appearing for ..... reference that was made to the learned arbitrator. it is further to be seen that in so far as the judgment of the supreme court in indian oil corporation's case referred to above is concerned, perusal of paragraph 5 of that judgment shows that in that case, the disputes between the ..... the proceedings have been remanded back to the learned arbitrator for considering the question whether the petitioner no. 1 is entitled to seek dissolution of the partnership, in my opinion, it will be in the interest of justice as also equitable to continue the arrangement that was in existence while the proceedings before .....Tag this Judgment!
Court : Delhi
Decided on : Apr-16-1999
Reported in : 1999IVAD(Delhi)385; 80(1999)DLT654
..... notice was to be served 'on the drawer of the cheque'. in the present case, the drawer is a partnership firm acting through one of its partner. section 141 of the act is a deeming provision holding every person who was in charge of and was reasonable to the company for the conduct ..... 2 is also a member of the delhi stock exchange association ltd.' these assertions indicate that prima facie both the accused have been partners of the partnership firm and are responsible for the conduct of the business of the accused firm. prahlad rai jain, petitioner no. 2 is a authorised signatory as ..... in the right of the observations of the supreme court in m/s. electronics trade and technological development corp. ltd. secundrabad v. m/s. indian technologist and engineers 1996 jcc 155 supra. accordingly on the basis of the language of clause (b) of proviso to section 138, one finds it ..... has to take note of the following observations of the supreme court in m/s. electronics trade and technology development corporation ltd. secundrabad v. m/s. indian technologists and engineers (electronics) p. ltd. and anr. 1996 jcc 155 (supra):'shri nageshwara rao, learned counsel appearing for the respondents contended that stoppage ..... by an agreement made with that bank'.9. the supreme court in m/s. electronic trade and technology development corp. ltd. secundrabad. v. m/s indian technologists and engineers (electronics) p. ltd. & anr. 1996 jcc 155 has held that once the cheque had been drawn and issued to the payee .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-16-1999
Reported in : AIR1999SC964; 88(1999)CLT60(SC); JT1999(1)SC509; (1999)IIMLJ121(SC); 1999(1)SCALE471; (1999)2SCC583; 1SCR635
..... persons from among the organisers of these festivals and pujas, formed into the durga puja samithee and registered it as a society on 21.1.1960 under the societies registration act 1860 (act 21 of 1860) with a memorandum of association which included cultural and other activities also besides religious activities. the society then applied to the government of orissa for grant ..... court in khaji mohammed hussain sahib v. masjiday mehmood jamait managing committee, puddupet air 1940 mad 167. a division bench consisting of wadsworth and venkataramana rao, jj. held that the act 21/1860 was passed in 1860 when, according to english law, a gift for the advancement of religion or promotion of religious worship was treated as a charitable purpose and ..... allahabad high court in anjuman islamia of muttra v. nasiruddin ilr (1906) all. 384. it was contended in that case that the registration of a society called 'anjuman islamia' under act 21 of 1860 was not permissible as the society was formed for 'religious purposes only' and not for charitable purposes. the allahabad high court rejected the said contention and held ..... , or the fine arts, or for the diffusion of useful knowledge, the diffusion of political education, or for charitable purposes, it is enacted as follows-again, section 1 of the act 21/1860 reads as follows:section 1--societies formed by memorandum of association and registration--any seven or more persons associated for any literary, scientific, or charitable purpose, or for .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-24-1999
Reported in : 245ITR527(Raj)
..... of the assessee for salary and interest payable to the partners. keeping in view, the amended provisions of section 260a of the act of 1961, the tribunal examined the partnership deed and found that the claim of the assessee for interest on capital contribution by the partners and salary to working partners is ..... this clause to the partner during the previous year relevant to the assessment year commencing on the 1st day of april, 1993, the terms of the partnership deed may, at any time during the said previous year, provide for such payment. explanation 1--where an individual is a partner in a firm on ..... working partner, or of interest to any partner, which, in either case, is not authorised by, or is not in accordance with, the terms of the partnership deed ; or (iii) any payment of remuneration to any partner who is a working partner, or of interest to any partner, which, in either case, ..... ., d. b. income-tax reference application no. 12 of 1998 (cit v. jain construction co.) are stated in brief.3. the assessee, a registered partnership firm, filed its return for the assessment year 1993-94 in respect of the accounting period of 1992-93 declaring an income of rs. 17,980. on ..... decision of the tribunal.6. we have considered the rival contentions. section 260a is the substitute of the original section 10(4)(b) of the indian income-tax act, 1922. as the provision existed, in each case it was required to be determined whether payment made by way of interest salary, commission or .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-26-1999
Reported in : (2000)124PLR8
..... . here is a case on different lines. the possession and control over the demised premises still vests with bhola nath, who has entered into a real partnership as stands proved from the documentary evidence.19. the judgment in basant kaur's case (supra) also is on different premises, wherein it was held that ..... rent petition the relationship of varendra kumar and bhola nath.14. against this documentary evidence, the petitioner has not led any documentary evidence to show that the partnership was not a genuine affair.15. now, i would like to discuss the oral evidence of the petitioner. though, he has examined 7 witnesses but ..... possession of the shop in question to respondent no. 2 or anybody else.5. a rejoinder was filed by the landlord, who stated that the alleged partnership, if any, was a bogus affair, ingenuine and sham and it has been created simply to avoid ejectment.6. on the above pleadings of the parties ..... vide ex.r-3 and it has been shown that it is a registered firm for the purposes of income tax act. in such state of affairs, it cannot be held that the partnership was a fake one just to deceive the landlord. even the landlord does not say that respondent no. 1 had ..... firstly, the firm was register under section 185(1) of the income tax act and an application for registration in form 11 was submitted before the income tax authorities on 28.3.1978. that application was accompanied by original instrument of partnership deed executed on 13.2.1978, ex.r-1. the application was made .....Tag this Judgment!