Court : Chennai
Decided on : Sep-09-1999
Reported in : 2000(1)CTC156
..... 1978 (ii) alt 451 as follows:- 'the suit does not abate on the death of the managing partner. a partner by virtue of section 19 of the partnership act and much so, a managing partner, can represent such a firm in the suit. therefore, when he dies, the new managing partner can be brought on record ..... a partner but also the managing partner of the firm who manages the business and affairs of the firm. therefore, by virtue of section 19 of the partnership act, he has the implied authority to institute the suit. the provisions of rule 1, order 30, cpc will have to be read in the light of ..... section 19 of the partnership act'8. section 19 of the partnership act, reads as follows:- ' subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried on ..... short cause title to read that the firm is represented by a different person as managing partner. 4. section 4 of the partnership act defines partnership. one of the essential requisite of a partnership is that there must be mutual agency between the agreement that it must be carried on by all or any of the partners ..... abraham george, 1953 tr. co.163. 10. order 30, rule 4 of the code reads as follows:- ' notwithstanding anything contained in section 45 of the indian contract act, 1872, where two or more person may sue or be sued in the name of a firm under the foregoing provisions and any of such person dies, whether .....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 : 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!
Court : Mumbai
Decided on : Apr-19-1999
Reported in : 109CompCas18(Bom)
..... kerala high court in krishna menon v. narayana ayyar, : air1962ker21 . that was a case where there was no provision making a contract of partnership in contravention of section 22 of the cochin abkari act expressly void. yet the court held that the agreement was calculated to defeat the object of enactment and it would be void under section 24 thereof ..... impossible to reach a proper conclusion.' in the same line of propositions, mr. manohar cited the following judgments : (1) bijendra nath srivastava v. mayank srivastava : air1994sc2562 ; (2) svenska handelsbanken v. indian charge chrome : air1994sc626 ; (3) omar salay mohamed sait v. cit : 37itr151(sc) ; (4) varanasaya sanskrit vishwavidyalaya v. rajkishore tripathi, : (1977)illj85sc ; (5) abubakar abdul inamdar v. harun ..... vary according to the circumstances of each case.' 131. the learned judges referred to the definitions of 'proved', 'disproved' and 'not proved' in section 3 of the indian evidence act and in terms held that woodroffe j., was wrong in insisting that such charges must be proved clearly and beyond reasonable doubt. in para. 11, the supreme court observed ..... as follows (p. 1738) :'it is apparent from the above definitions that the indian evidence act applies the same standard of proof in all civil cases. it makes no difference between cases in which charges of a fraudulent or criminal character are made and cases in .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-24-1999
Reported in : 98CompCas190(P& H)
..... . m.t.r. associates  59 comp cas 359. but perusal of the cited judgment clearly reveals that the said court had expressed the view that it was an unregistered partnership concern of more than seven persons. in the present case it is not so. therefore, the cited decision will not come to the rescue of the petitioner. 8. in that ..... this act; or (iii) a company registered under any previous companies law and not being a company the registered office whereof was in ..... burma, aden or pakistan immediately before the separation of that country from india and (b) save as aforesaid, shall include any partnership, association ..... up of an unregistered company. but section 582 of the said act defines the meaning of an unregistered company and reads : '582. for the purposes of this part, the expression 'unregistered company' - (a) shall not include - (i) a railway company incorporated by any act of parliament or other indian law or any act of parliament of the united kingdom (ii) a company registered under .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Madras
Decided on : Jul-09-1999
Reported in : (2000)73ITD313(Mad.)
..... and the ao. he argued that the word 'company' appearing in cl. (b) of s. 88(2)(xv) of the it act had a wide meaning and it included aop, partnership and other combination of individuals. he also contended that the word 'member' appearing in the said clause was also not applicable in ..... the intention of the legislature to encourage savings and to chanelise the savings for construction of residential house which is a scarce item in the indian economy.4. on the other hand, the learned departmental representative strongly supported the orders of the lower authorities and contended that no interference was ..... or body which is or was assessable or was assessed as a company for any assessment year under the indian it act, 1922 (11 of 1922), or which is or was assessable or was assessed under this act as a company for any assessment year commencing on or before the 1st april, 1970, or (iv) ..... any institution, association or body, whether incorporated or not and whether indian or non-indian, which is declared by general or special order of the board ..... investments. if the assessee's argument is accepted the investment in housing developed by any entity not being those mentioned in s. 88 of the it act would be eligible for rebate, which is not intention of the legislature because if it was so the legislature would have included such entities also .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-1999
Reported in : AIR1999SC1960; JT1999(4)SC478; 1999(3)SCALE630; (1999)4SCC517; 2SCR1102; 1999(2)LC992(SC); (1999)3UPLBEC1685
..... to 54 raikot assembly constituency in the general elections to the punjab legislative assembly held on 7th february, 1997. the respondent, a candidate of the indian national congress, was declared elected. after the declaration of the result of the elections on 10th february- 1997, the appellant filed an election petition in ..... is, therefore, difficult to hold that when a person acquires the right to collect toll at a public ferries under section 8 of the ferries act he is performing a contract of execution of works undertaken by the government. it may have been perhaps different if the words 'in performance of ..... that the government has not performed its parts of the contract either wholly or in part.5. on its plain reading, section 9a of the act requires (i) that there must be a subsisting contract which has been entered into by the person whose candidature is sought to be disqualified with ..... in the election petition to the election of the respondent, as canvassed before the high court and before us, is based on section 9a of the act, it would be desirable to first notice the provisions of that section. section 9a reads :9-a. disqualification for government contracts, etc.a person shall ..... provisions of section 9a of the act could be attracted. replication was filed and from the pleadings of the parties, the following issues were raised:1. whether the respondent had subsisting contract for the sale of the liquor from the punjab government obtained in partnership for the year 1996-97 at .....Tag this Judgment!