Court : Kolkata
Decided on : Dec-07-1999
Reported in : (2000)1CALLT346(HC)
..... is said that ultimately the relief was for accounts and to a share in the profits. according to the respondent no. 1 section 47 of the partnership act provided for this. reference is also made to an order passed in another appeal on 18th mary, 1999 where the only question which has been left to the arbitrators is ..... the respondent no. 1 in its application under section 9 at all. even if it were held to be a partnership then the suit would not be maintainable because of section 69 of the partnership act. finally it is contended that the assets of a partnership whether moveable or immoveable can be treated as moveable, only when there was an action for dissolution of ..... has joined with other individuals or corporations within the corporate framework in some specific undertaking.'in that case it was found :'the company is in the nature of a partnership between the indian group of companies and the singapore based company who have jointly undertaken this commercial enterprise wherein they will contribute to the assets and share the risks.'34. how far ..... the principles of partnership law will be applicable to the joint venture in question is a moot point.35. in smt. smrti jaiswal v. romi jaiswal : air 1999 cal 124, ansarl .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Cochin
Decided on : Mar-25-1999
..... is business carried on by the partners. "where a person carried on business by himself or in partnership with others, profits and gains earned by him are income liable to be taxed under s. 10 of the indian it act, 1922. share in the profits of a partnership received by a partner is "profits and gains of business" carried on by him and is on ..... ground raised by the revenue in this appeal is that the cit(a) erred in holding that in computing the deduction allowable under s. 32ab of the it act, the share income from the partnership firms was not to be excluded from the profits of the eligible business in the hands of the assessee.2. the assessee is a private limited company deriving ..... income from a steel mill. the company is also deriving share income from three partnership firms. for the asst. yr. 1990-91 the assessee claimed deduction under s. 32ab of the it act, at 20 per cent of the income assessed under the head 'business'. in the assessment order under s.143(3) of the ..... that account liable to be computed under s. 10, and it is a matter of no moment that the total profits of the partnership were computed in the manner provided by .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Nagpur
Decided on : May-31-1999
Reported in : (2000)73ITD194(Nag.)
..... held as under : "held that, in view of the clear finding of the tribunal that the partnership was both valid and genuine and since there was no legal bar to the formation of such partnership, the firm was entitled to registration under s. 26a of the indian it act, 1922, and such a firm cannot be denied registration merely because there would be some loss ..... supreme court's decision in the case of amritlal bhogilal & co.(supra) wherein it was held as under : "an order granting registration to a firm under s. 26a of the indian it act, 1922 merely affects or governs the procedure in collecting or recovering the tax found due from a firm and is separate from and independent of the order of assessment." 17 ..... the ao has taken decision after discussing the matter with the authorised representative of the assessee and after considering the application for registration, declaration and partnership deed, as the assessment order is framed after scrutiny under s. 143(3) of the act. the return of income and the status claimed therein were subjected to the scrutiny under s. 143(3) of the ..... act with reference to declaration in form no. 12, applications in form nos. 11 and 11a and partnership deed and the registration was granted after the ao was satisfied that application is in time and order and genuine firm has come into existence .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-01-1999
Reported in : 103CompCas306(Kar); ILR2000KAR228; 2000(1)KarLJ589
..... the petition, we have to hold that the petition is notmaintainable on the grounds pleaded. secondly, it is not in dispute that the appellant has already instituted proceedings under the partnership act for rendering of the accounts as well as for seeking partition of all the joint family properties. in that view of the matter, the proceedings being already pending even much ..... , the order of the learned single judge is liable to be interfered with?6. it is admitted fact that the firm in question is registered under the provisions of the partnership act. as per the description of the respondents in the cause title, 17 persons have been shown as the partners. in the pleadings also, it is stated that the ..... suit for winding up of an unregistered company and further held that part x of the companies act does not come in the way of the operation of partnership act. this makes clear that the aggrieved party either has a recourse under the companies act or under the partnership act.11. this court in the decision in bangalore timber industries case, supra, went a step ahead ..... carrying on any other business that has for its object the acquisition of gain by the company, association or partnership, or by the individual members thereof, unless it is registered as a company under this act, or is formed in pursuance of some other indian law.(3) this section shall not apply to a joint family as such carrying on a business; and .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-06-1999
Reported in : 1999(2)AWC1634
..... . obviously, since the petitioner no. 2, was a partner in the said firm, he is liable to pay the telephone bills of the firm since under section 25 of the partnership act, each partner is individually and severally liable.4. learned counsel for the petitioner urged that the othertelephone connections bearing nos. 370077, 342619, 340440 and 371440 are in the name of ..... . union of india and others, 1999 alr 91. he also submitted that the writ petition is fit to be dismissed.our findings :8. rule 443 of the indian telegraph rules framed under the indian telegraph act, relied upon by mr. parekh reads thus :'443. default of payment.--if, on or before the due date, the rent or other charges in respect of the ..... for those telephone connections also.'16. in bacha f. guzadar v. commissioner of income tax, air 1955 sc 74, the supreme court held that 'partnership is merely an association of persons for carrying on business of partnership and in law the firm name is a compendious method of describing the partners. such is, however, not the case of a company which stands ..... company, the telephone of the wife of the managing director of that company, which is under liquidation, can be disconnected by the telecom authority by invoking rule 433 of the indian telegraph rules?, is the short question for our adjudication in this writ petition.2. firstly the prayer for the petitioner. her prayer is to quash the order dated 26.12 .....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 : Karnataka
Decided on : Jun-17-1999
Reported in : ILR1999KAR193; 1999(6)KarLJ517
..... in the case of dry land one hectare and that the total extent of land after such grant does not exceed the ceiling area according to the karnataka land reforms act, 1961'.the petitioner now wants the said land by way of right. rule 4 does not confer on him a right. it gives a discretion to the authorities to grant ..... it will result in a situation where one who gets only a bit of land will become the owner of hundred of acres of land. this is not what the act contemplates. for enjoying a property measuring 2.17 acres, if a property measuring 1 acre 13 guntas is to be given, then there is no meaning for the word 'grant .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-28-1999
Reported in : 98CompCas312(Kar); 1999(6)KarLJ509
order1. this revision by defendant 1 is directed against the judgment and money decree dated 15-4-1995 of the court of the learned civil judge, small causes, koppal, passed in s.c. no. 3 of 1994 decreeing the suit of r-1 (hereinafter referred to as 'the plaintiff-bank') as prayed against petitioner ('d-1' for short) and r-2 ('d-2' for short).2. certain undisputed and admitted facts are as stated under:d-l was an 'a class contractor', who was undertaking contract work of public works department ('p.w.d.' for short) in koppal taluk of raichur district. he had dealings with the plaintiff-bank since 1983. at his request and on his application, the plaintiff-bank had issued ex. p. 1 bank guarantee dated 14-7-1988 for a sum of rs. 28,740.00 in favour of the executive engineer, p.w.d., raichur ('executive engineer' for short) in connection with the execution of certain contract work of the latter that was entrusted to d-l. initially, that bank guarantee was issued for a period of one year commencing from 14-7-1988 which stood extended from time to time at the instance of d-l upto 13-7-1991 as borne out by the deeds of extension of guarantee produced at ex. p. 5 and ex. p. 6. ex. p. 2 counter indemnity bond dated 14-7-1988 was also executed by d-1 in favour of the plaintiff-bank. d-2, as surety for the said bank guarantee facility made available to d-l by the plaintiff-bank, executed 'guarantor's agreement', ex. p. 4 dated 14-7-1988 in its favour.3. when ex. p. 1 bank guarantee was .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-10-1999
Reported in : [2000(84)FLR1014]; ILR2000KAR396; (2000)ILLJ1059Kant
..... leads to violation of principles of natural justice and consequently vitiates the proceedings before the tribunal under sub-section (3) of section 33 of the act and any decision given in these proceedings against the workman concerned.'10. the rationale followed by the apex court in the above decision in respect ..... domestic enquiry such a relief cannot be provided under section 33 of the act. the question is whether on such interpretation the workman could be denied the relief of subsistence allowance in a case where the labour court ..... concerned is not gainfully employed elsewhere, grant interim relief and in doing so, the quantum of subsistence allowance fixed in section 10-a of the act provides the guidelines.'9. thus, it has been held by this court that when a workman is entitled to relief of subsistence allowance pending a ..... pending before the labour court, rama jois, j, as he then was, held:'section 10-a, recently introduced into the industrial employment (standing orders) act, 1946, incorporates a uniform law governing the payment of subsistence allowance to a workman of an industry during the pendency of a domestic inquiry into complaints ..... .6. in order to arrive at an answer to question in issue it becomes necessary to (sic) excerpt section 33(3)(b) of the act to understand the scope and power of the labour court under the said provision. it reads:'33. conditions of service etc., to remain unchanged under .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-17-1999
Reported in : AIR1999SC1044; 1999(1)ALD(Cri)488; 1999CriLJ1623; 1999(1)Crimes104(SC); JT1999(1)SC486; 1999(1)KLT747(SC); 1999(1)SCALE505; (1999)2SCC651; 1SCR696
..... statement, a case was registered as crime no. 5/96 of vanitha police station, ernakulam. the case was registered under sections 366a, 372, 376 and 344 read with section 34 ipc. the police started investigating into the said allegations and in the course of investigation the victim girl was examined on 24.8.96 and on 25.8.96. these respondents ..... wholly unwarranted. it was further urged that the allegations made by the lady not only amounts to commission of offence of rape alone but also the offence under immoral traffic act and the high court never applied its mind to find out whether the allegations taken at their face value would constitute other offences for which the criminal case had been ..... otherwise of the allegations made in the f.i.r. or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. it is too well settled that the first information report is only an initiation to move the machinery and to investigate into a cognizable ..... have scuttled investigation by quashing the f.i.r., particularly when the criminal case had been registered under several provisions of the penal code as well as under immoral traffic act. we also do not approve of the uncharitable comments made by the high court in paragraph (12) of the judgment against the woman who had given the f.i.r .....Tag this Judgment!