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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 2010 Page 1 of about 168 results (0.061 seconds)

Apr 09 2010 (HC)

George Vs. George

Court : Kerala

Decided on : Apr-09-2010

Reported in : 2010(2)KLJ692

..... to henceforth treat the same as property of the partnership as newly constituted and in view of section 14 of the indian partnership act (for short, 'the act') is the said document compulsorily registerable under the indian registration act (for short, 'the registration act')?ii. is not a mere intention to treat individual properties as partnership properties sufficient to treat such properties as having been ..... transferred to the partnership firm and is it legally necessary to execute ..... over the property is lost and it becomes shared rights of the partners and the property is treated as such, then such property becomes partnership property as understood in section 14 of the act. even if such conversion is made by a written instrument it does not require compulsory registration as an instrument under section 17(1)(b) ..... the appellants contending that as per ext.b2 right, title and interest of respondent in the suit property was brought into the common stock of the partnership as understood in section 14 of the act. instead, contention is that the alleged conveyance of suit property was in favour of the late v.v. joseph and v.j. george (appellant .....

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Nov 09 2010 (HC)

Mr.Ramachandra and ors Vs. M/S.Sri,bhavani theater and ors

Court : Karnataka

Decided on : Nov-09-2010

..... or their rights and liabilities or any part thereof or respecting die accounts profits or losses of the business or any other matter relating to partnership business, either during or after partnership shall be referred to arbitration under indian partnership act, 1940, then in force at the time of dispute".3. on 18.03.2010, petitioner got issued a notice as per annexure-d ..... parties have agreed for appointment of an arbitrator to resolve any controversies between the parties arising cut of the partnership deed, though in clause 18, it is stated that the dispute is to be referred to an arbitrator under the provisions of indian partnership act the same is only a bonafide mistake. a reading of the entire clause 18 manifestly makes it clear ..... that the intention of the parties is to appoint an /arbitrator under 'die provision of arbitration act. the question of appointment of an arbitrator under the provisions of partnership act will not arise. as per the terms ..... , of admitted partnership deed the parties have to work out their remedy before the arbitrator and the same is binding on the parties .....

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Jan 05 2010 (SC)

Mohd. LaiquiddIn and anr. Vs. Kamala Devi Misra (Dead) by L.Rs. and or ...

Court : Supreme Court of India

Decided on : Jan-05-2010

Reported in : 2010(1)AWC707(SC); JT2010(1)SC440; 2010(1)SCALE227; (2010)2SCC407

..... and substantially modified the judgment and decree of the trial court.11. the issues that were raised for consideration of the high court were as follows:(1) whether the partnership firm stood dissolved by virtue of section 42(c) of the indian partnership act on account of the death of the plaintiff no. 1 ?(2) whether there was mismanagement of the business of the ..... partnership firm by the defendant no. 1 as he failed to maintain proper accounts?(3) whether the partnership can be treated as a license as contended by the defendant-appellants ?(4) whether ..... of any of the partners, the firms shall continue for 42 years irrespective of the death of the original plaintiff (since deceased) in respect of the partnership deed after examining the relevant provision of the partnership act, the court concurred with the findings of the trial court and the first appellate court. to reach this conclusion, the high court had placed reliance on ..... to recover the value of the building and structures embedded to the land, from the appellants, we should examine the relevant provision of the act and the relevant clause of the partnership deed.28. section 14 of the partnership act talks about the property of the firm. it reads as follows:subject to contract between the partners, the property of the firm includes all .....

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Jan 07 2010 (TRI)

Bhimjibhai Jivrajbhai Patel Vs. Kishor Dhirubhai Patel and Another

Court : Intellectual Property Appellate Board IPAB

Decided on : Jan-07-2010

..... has further stated that even if the contents are admitted the issue in the deed of dissolution is has to be decided only under the indian partnership act. the applicant is guilty of misrepresentation and suppression and has not come to court with clean hands. the respondent no.1 denied the fact ..... no.1 mainly contended that the matter was to be decided under the provisions of partnership act as the dispute was regarding the deed of partnership and its dissolution. he also referred to section 43 of the indian partnership act. the counsel further submitted that for removal of the trade mark from the register ..... even further and submitted that the dispute has got to be decided by another forum under the indian partnership act. the same has been recorded in the order before the civil court. 18. fraud like aggrieved person has not been defined in the ..... the plaint and application for ad-interim injunction (hereinafter referred to as ??the application and the ??the plaint accordingly) and replied chronologically. the partnership concern in the name of m/s rivera agrical industries and inter alia engaged in the business of manufacturing, marketing and selling essential plant nutrients ..... above, the plaintiff have committed breach of the terms and the conditions and without paying the debts and further while remaining in the partnership with the defendant have started its personal different simultaneous business under the alleged trademarks and thus committed fraud and tort. not only this but .....

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Feb 24 2010 (HC)

Des Raj Vs. Mohan Lal and ors.

Court : Punjab and Haryana

Decided on : Feb-24-2010

Reported in : (2010)158PLR356

..... accounts, as no documentary evidence has been led in this regard.18. the dissolution of firm can take place under the provisions of the chapter vi of the indian partnership act, 1932, section 48 of the indian partnership act reads as under:48. mode of settlement of accounts between partners.- in settling the accounts of a firm after dissolution, the following rules shall, subject to agreement ..... reasons mentioned on first substantial question of law. there is absolutely no evidence showing the dissolution of the firm or settlement of accounts in terms of section 48 of the indian partnership act, 1932. the mere fact that the plaintiff/respondent dealt with a firm which was run by the defendant/appellant could not lead to the conclusion that the firm stood ..... the findings recorded by the learned courts below were perverse?2. whether the admission of the plaintiff regarding separation of the business could be taken to be dissolution under the indian partnership act, 1932?12. in support of the substantial questions of law the learned counsel for the appellant, referred to para 3 of the replication to the written statement of the ..... with the contention raised by the learned counsel for the appellant. the pleading in para 3 of the replication can not be taken to be an admission of dissolution of partnership firm, rather defendant/respondents specifically denied the averment, that the firm was dissolved. rather a positive stand was taken, that the persons named in para 3 of the written .....

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Aug 26 2010 (HC)

M/S.B.Anandkumar and Co, and ors. Vs. Southern Petrochemicals Industri ...

Court : Chennai

Decided on : Aug-26-2010

..... .4,09,799/- and this kind of procedure adopted by the trial court is not a correct one as per the principal of appropriation as per section 60 of the indian partnership act. in this connection, it is not out of place for this court to point out that the honourable supreme court in the decision meghraj and others v. m.s.t ..... shall stand ratified by other parties and that the second and third defendants are the managing partners of the same, etc., 37.in terms of section 30 (7) of the indian partnership act 1932, when a minor becomes a partner, then his rights and liabilities as a minor continue upto the date on which he becomes a partner, but he also becomes personally ..... he is entitled as a minor. 38.as a matter of fact, as per section 30 of the indian partnership act, a minor cannot become a partner though, with the consent of adult partners he may be admitted to the benefits of partnership. in ex.b10, partnership deed dated 01.04.1992, the age of the 9th defendant has been mentioned as 19. however, the ..... personal liability except in the case of minor whose liability is limited to his assets in the partnership, as opined by this court.32. as per section 25 of the indian partnership act, 1932 every partner is liable jointly with all other partners and also severally for all acts of the firm done while he is a partner.33. in the present case, a perusal .....

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Aug 26 2010 (HC)

M/S.B.Anandkumar and Co. Vs. Southern Petrochemicals Industries Corpor ...

Court : Chennai

Decided on : Aug-26-2010

..... .4,09,799/- and this kind of procedure adopted by the trial court is not a correct one as per the principal of appropriation as per section 60 of the indian partnership act. in this connection, it is not out of place for this court to point out that the honourable supreme court in the decision meghraj and others v. m.s.t ..... shall stand ratified by other parties and that the second and third defendants are the managing partners of the same, etc., 37.in terms of section 30 (7) of the indian partnership act 1932, when a minor becomes a partner, then his rights and liabilities as a minor continue upto the date on which he becomes a partner, but he also becomes personally ..... he is entitled as a minor. 38.as a matter of fact, as per section 30 of the indian partnership act, a minor cannot become a partner though, with the consent of adult partners he may be admitted to the benefits of partnership. in ex.b10, partnership deed dated 01.04.1992, the age of the 9th defendant has been mentioned as 19. however, the ..... personal liability except in the case of minor whose liability is limited to his assets in the partnership, as opined by this court.32. as per section 25 of the indian partnership act, 1932 every partner is liable jointly with all other partners and also severally for all acts of the firm done while he is a partner.33. in the present case, a perusal .....

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Jan 11 2010 (TRI)

M/S Vision Digital Cable Versus Star Den Media Services Pvt. Ltd. and ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jan-11-2010

..... aforementioned nuzvid communications network, the proviso appended to clause 3.2 will have any application in the instant case. in legal parlance there exists a distinction between a partnership firm and a proprietory concern. whereas a partnership firm is governed by the indian partnership act 1932, a proprietory concern is not a separate entity. the rights and obligations of the partners of a ..... transport agency v. awadhesh kumar and anr. air1999sc1484 wherein this court stated the law in the following terms: 6. a partnership firm differs from a proprietary concern owned by an individual. a partnership is governed by the provisions of the indian partnership act, 1932. though a partnership is not a juristic person but order xxx, rule 1, cpc enables the partners of a ..... 35, the supreme court of india laid down the law that for taxing purposes a partnership firm is treated as an entity distinct from the persons who constituted the firm. it was furthermore held: 11. the indian partnership act, 1932 has, by section 4, defined a "partnership" as "the relation between persons who have agreed to share the profits of a business ..... carried on by all or any of them acting "for all". the section declares further that the persons who have entered into .....

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Jul 28 2010 (TRI)

M/S. Real Logistics Shipping Agencies Vs. Commissioner of Customs, Pun ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jul-28-2010

..... a case of transfer of licence under regulation 12 which is not permissible under law. the learned advocate also produced the form e under indian partnership act, 1932 which confirms the notice of the change of constitution of the firm effecting the change by indicating shri haresh v. pandya and ..... commissioner of customs to verify the documents as to whether the change in constitution is as per the indian partnership act, 1932 or not. if it is found that the documents are accepted under the indian partnership act, 1932, renewal of licence be granted to the appellants. 9. with these observations, we set ..... has observed as under:- when once it is conceded that the alternation which has been effected in the running and administration of the partnership firm related only to its reconstitution which was effected either by retirement or by admission, then the proposition is indisputable that the firm continues ..... .2009 the appellants were intimated that your request could not be considered favourably as this case does not amount to change in the partnership firm since the partners of the firm before re-constitution are having minority stake in the new firm.- aggrieved from the said letter ..... 3. brief facts of the case are that the appellants were granted licence in the name of real logistics shipping agencies, (a partnership firm under deed of partnership executed by three partners namely shri. manoj haridas kotak, shri savio climark gomes and shri yudhistir shrimotiram batla) vide cha licence .....

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Apr 22 2010 (TRI)

Grand Bhatia Entertainment Pvt. Ltd. Versus Star Den Media Services Pv ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Apr-22-2010

..... (c) the business of the partnership shall be providing cable tv network/ maintenance operation etc. and/or such other business or businesses as the partners may agree upon ..... the said partnership deed are as follows: (a) all partners shall have equal rights in respect of the conduct and management of firms business in all matters. (b) the said partnership business shall be deemed to have commenced from the fourth day of august 2009 and the firm shall be governed by the indian partnership act, 1932. ..... 49% of what respondent no. 2 was sharing with respondent no. 3. the learned counsel for the petitioner would submit that in spite of this partnership deed the decoder boxes are still in the name of respondent no. 3. 8. the learned counsel for the petitioner would further contend that petitioner used ..... in the area of the bilaspur and its adjoining areas. 7. the learned counsel for the petitioner would also contend that petitioner entered into a partnership deed dated 4.8.2009 vide which it was agreed between the parties that the total share of the petitioner shall be 50% of total ..... the affairs and day-to-day management of the firm as the circumstances and business needs may require. 3. the party no. 1 in this partnership deed is the respondent no. 2. it has been shown that it entered into a business management agreement with respondent no. 3 for carrying on .....

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