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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 2013 Page 9 of about 660 results (0.064 seconds)

Sep 02 2013 (HC)

Salim Khan and Another Vs. Sumeet Prakash Mehra and Others

Court : Mumbai

Decided on : Sep-02-2013

..... and director. defendant no. 4 ?? adai mehra productions pvt. ltd. is a private limited company duly incorporated under the companies act, 1956 and defendant no. 5 ?? flying turtle films is a partnership concern. defendant no. 4 has entered into a co-producers agreement dated 25th august, 2011, with defendant no. 5, ..... the remake of the said film ??sirithu vazha vendum ? to m/s. udhayan productions. no mention is made about general rights of all south indian films under an agreement for a period of 25 years. however, in paragraph 3.7 of the plaint, the plaintiffs have alleged that sometime in ..... underlying works, the plaintiffs relied on the decision of this court (coram: s.j. vazifdar, j.) in the case of music broadcast pvt. ltd. vs. indian performing right society (2011 (47) ptc 587 (bom.), paragraphs 36, 37, 38, 40, 41 and 42 and submitted that the judgment holds that once ..... the plaintiffs, sometime later on (in the year 1973 itself), the plaintiffs licensed the ??remake rights ? of the literary work in respect of all south indian languages, in favour of mr. s.v.s. manian, partner of m/s. udhayan productions, for a period of 25 years. this was a case ..... no. 1 ?? shri salim khan and plaintiff no.2 ?? shri javed akhtar are well-known authors and writers of story, screen play and dialogues in the indian film industry for the last several decades. the plaintiffs have together written stories, screen play and dialogues of several blockbuster movies like sholay, zanjeer, trishul, deewar .....

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Dec 31 2013 (HC)

1.Kommagani Ilaiah and Anoth Vs. 1.Kommagani Bikshapathi and Oth

Court : Andhra Pradesh

Decided on : Dec-31-2013

..... sait tarajee khimchand (3 supra) relied upon by the learned counsel for appellants, the documents sought to be relied upon was a day book and a ledger maintained in a partnership firm and since these were private documents, the court held that unless they are proved by examining the author of the entries therein, they could not have been accepted in ..... . yelamarti satyam @ satteyya and ors.3 in this regard. he also contended that there is no evidence led by plaintiff as contemplated under section 50 of the indian evidence act, 1872 (for short ".the act".) for coming to a conclusion about the relationship of rajamallu with plaintiff and his alleged mother pedda narasamma. he contended that the lower appellate court failed to consider ..... the subject, is a relevant fact : provided that such opinion shall not be sufficient to prove a marriage in proceedings under the indian divorce act, 1869 (4 of 1869) or in prosecutions under sections 494, 495, 497 or 498 of the indian penal code (45 of 1860).".19. admittedly, the plaintiff was living away from the family of rajamallu and only defendant nos ..... finding in the judgment passed by the lower appellate court.18. the reliance by the learned counsel for the appellants on section 50 of the evidence act,1872 is also misplaced. section 50 of the act states : ".50. opinion or relationship, when relevant :-- when the court has to form an opinion as to the relationship of one person to another, the opinion .....

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Oct 11 2013 (HC)

Bloomberg Finance Lp Vs. Prafull Saklecha and ors.

Court : Delhi

Decided on : Oct-11-2013

..... is stated that in india, bloomberg utv was launched in 2008 as a 24-hour english language business and financial broadcast news outlet by utv software communications in strategic partnership with bloomberg television. it is stated that the mark bloomberg is globally recognized and it is exclusively associated and identified with the plaintiff and its products and services. ..... before the 1st additional chief metropolitan magistrate, bangalore, under the provisions of sections 65, 66 and 66-c of the information technology act, 2005 ( it act ) read with section 120(b), 511 and 411 of the indian penal code ( ipc ) alleging stolen information and illegal hacking . in two petitions filed by the plaintiff seeking quashing of the criminal case, the karnataka ..... the defendant no.4, bloomberg realty (india) private limited, was carrying on business from indore, madhya pradesh; that defendant nos. 1 and 2 had formed the other indian bloomberg companies and had changed the name of another company, smart developers private limited, to bloomberg developers private limited. the plaintiff states that all the above steps were taken ..... private limited, defendant no.4 is bloomberg realty (india) private limited and defendant no.5 is bloomberg entertainment private limited. defendant nos. 6 to 23 are other indian companies whose names incorporate bloomberg as a prominent feature of the corporate name. defendant no.24 is bloomberg airways private limited and defendant no.25 is bloomberg green ventures .....

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Aug 22 2013 (HC)

Present: Mr. K S Nalwa Advocate Vs. Amit Paul and Others ........ Peti ...

Court : Punjab and Haryana

Decided on : Aug-22-2013

..... (o&m) 2 that m/s alchem international limited (respondent herein) filed a complaint on the allegations that m/s g k enterprises, a partnership concern of amit paul and sumitra paul was appointed as super stockiest by the complainant company, vide agreement dated 14.09.2006. the complainant company supplied ..... s g.k.enterprises and others (annexure p11) under section 138 read with section 142 of the negotiable instruments act, 1881 (for short, the act ) read with section 420 of indian penal code (for short, ipc ) and summoning order dated 29.08.2009 (annexure p12).passed by the judicial magistrate ist class, faridabad and ..... . this apart, the need to hold an inquiry envisaged under section 202 of the code in a case under section 138 of the 1881 act, has been dealt in goenka tradelinks pvt.limited and apex health care private limited and others (supra).wherein, after reference to the decision of ..... of action to file a complaint, the court at faridabad does not have jurisdiction to entertain and try the offence under section 138 of the act. another submission made by counsel is that the judicial magistrate faridabad, did not conduct an inquiry in compliance with the provisions of section 202 ..... of the courts exercising jurisdiction in one of the five local areas can become the place of trial for the offence under section 138 of the act. however, hon ble the supreme court, in a later judgment in harman electronics private limited and another v. national panasonic india private limited, ( .....

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Aug 30 2013 (HC)

T.R.Pachamuthu Vs. M.M.Finance Corporation

Court : Chennai

Decided on : Aug-30-2013

..... quash the criminal prosecution initiated by the respondent/complainant for the offence under section 138 of the negotiable instruments act. 2.the complaint proceeds as if the complainant is a partnership firm doing the money lending business and hire purchase finance and the accused is the chairman of m/s. ..... the circumstances under which the accused lodged the complaint against the complainant's auditor by name k.subramaniam for the alleged offence under section 420 ipc and enquiry held on the same, summons issued to the accused for the enquiry, and the seizure of the cheque in question bearing no ..... imperative in character for maintaining a complaint and unless a notice is served in conformity with proviso(b) appended to sec.138 of the act, the complainant petition would not be maintainable and an omnibus notice without specifying as what was the amount due under the dishonoured cheque would ..... the demand for payment of cheque amount, being the only incriminating circumstance which exposes the drawer for being proceeded against under section 138 of the act, the making of such demand in the notice is the statutorily envisaged demand and the absence of the same does invalidate the notice. it ..... is no prescribed form for the statutory demand notice to be issued under clause (b) of proviso to section 138 of the negotiable instruments act and the contents of notice dated 26.02.2005 constitute valid demand for repayment of the cheque amount and satisfies the statutory requirement of clause .....

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Oct 21 2013 (TRI)

Ac Services (Pvt.) Ltd., and Another Vs. S. Dinesh and Company Through ...

Court : Punjab State Consumer Disputes Redressal Commission SCDRC Chandigarh

Decided on : Oct-21-2013

..... by the learned district forum to lead their evidence. 6. in support of his allegations, the complainant had tendered into evidence his affidavit ex. c-a, partnership deed ex. c-1, bills and consignment booking receipts ex. c-2 to ex. c-12, letter regarding non receipt of books dated 12.5.09 ..... driver and cleaner of the truck were beaten mercilessly by the mob. fir no. 155 dated 3.5.2009 under sections 279, 304-a of ipc, was registered in p.s. alinagar chandoli. it has been denied that the complainant visited the office of the opposite party for several times or contacted ..... bhilai golden transport co. versus raipur sales agency ? , iii (2004) cpj 487, the honble chhattisgarh state commission, raipur observed that ??fire is not an act of god and op could not be absolved from liability and the complainant is entitled to compensation for loss of consignment. 12. so far as the expression ?? ..... ops; complainant has not come to the court/district forum with clean hands and has concealed the material facts; the complainant is barred by his act, conduct, waiver and latches as the complainant himself failed to get his goods insured; the complaint is against the terms and conditions mentioned over the ..... pay interest @ 9% till the date of payment. 2. the complaint was filed by the complainants under section 12 of the consumer protection act (in short the ??act) on the allegations that the complainant is carrying on the business of publication of educational books under the name and style of m/s s .....

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Feb 22 2013 (HC)

Babita Pathak and Others Vs. High Court of Delhi and Others

Court : Delhi

Decided on : Feb-22-2013

..... , flair in english, knowledge of objective type legal problems and their solutions covering constitution of india, code of civil procedure, code of criminal procedure, indian penal code, contract act, partnership act, principles governing arbitration law, evidence act, specific relief act and limitation act will be included. minimum qualifying marks in the preliminary examination shall be 60% for general and 55% for reserved categories i.e. ..... (dead) through lrs & others:2010. (1) scc 756.16. in national federation of blind (supra), a division bench of this court held as under:16. the disabilities act was enacted for protection of the rights of the disabled in various spheres like education, training, employment and to remove any discrimination against them in the sharing of development benefits ..... disabilities as also to ensure equal opportunities and protection of the rights of full participation of such persons. that being the case, it was submitted that the said act ought to be given a liberal, purposive and constructive interpretation in favour of the persons with disabilities. for this proposition, he placed reliance on bata india ltd v ..... up by the candidates of general category which would include the petitioners.11. mr datar, appearing on behalf of the high court of delhi, submitted that the said act being a beneficial / welfare legislation enacted to benefit the persons with disabilities had been enacted with the object and purpose of giving effect to the proclamation on the .....

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Feb 22 2013 (HC)

Deepti Vs. High Court of Delhi and Others

Court : Delhi

Decided on : Feb-22-2013

..... , flair in english, knowledge of objective type legal problems and their solutions covering constitution of india, code of civil procedure, code of criminal procedure, indian penal code, contract act, partnership act, principles governing arbitration law, evidence act, specific relief act and limitation act will be included. minimum qualifying marks in the preliminary examination shall be 60% for general and 55% for reserved categories i.e. ..... (dead) through lrs & others:2010. (1) scc 756.16. in national federation of blind (supra), a division bench of this court held as under:16. the disabilities act was enacted for protection of the rights of the disabled in various spheres like education, training, employment and to remove any discrimination against them in the sharing of development benefits ..... disabilities as also to ensure equal opportunities and protection of the rights of full participation of such persons. that being the case, it was submitted that the said act ought to be given a liberal, purposive and constructive interpretation in favour of the persons with disabilities. for this proposition, he placed reliance on bata india ltd v ..... up by the candidates of general category which would include the petitioners.11. mr datar, appearing on behalf of the high court of delhi, submitted that the said act being a beneficial / welfare legislation enacted to benefit the persons with disabilities had been enacted with the object and purpose of giving effect to the proclamation on the .....

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Feb 21 2013 (HC)

R N Malhotra Vs. Bhupesh Kumar JaIn and ors.

Court : Delhi

Decided on : Feb-21-2013

..... also, it would be very easy to obtain such a consent order by the directors of a company or by the partners of a partnership firm and to plead their inability to honour the cheque because of such a consent order. thus, the first contention raised on behalf of ..... r.n malhotra seeks quashing of the seven complaints filed by respondent no.1 for an offence under section 138 of the negotiable instruments act, 1881 (the act).2. quashment of the complaints is sought on two grounds. first, the petitioner was incapacitated to honour the cheques by virtue of ..... touchstone of the modality or the procedure provided for its realisation or recovery. hence the contention that the special provision incorporated in the companies act regarding the debts and liabilities due from the company will render the debt unenforceable, cannot be accepted.27. the alternative approach is this: ..... against the petitioner also cannot continue. learned counsel for the petitioner vehemently argues that the proceedings envisaged under section 446 of the companies act will include the criminal proceedings. the learned counsel for the petitioner places reliance on a judgment of coordinate bench of this court in the ..... ltd. was restrained from honouring any cheque already issued by the company; and secondly, during pendency of the complaints under section 138 of the act, the company went into liquidation and winding up proceedings were initiated by the company court and thus, the proceedings before the court of learned additional .....

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Sep 25 2013 (TRI)

Gopinath Nagar ?a? Co-op. Hsg. Society Ltd. Vs. M/S. Nandan Builders a ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Sep-25-2013

k.s. chaudhari, presiding member this revision petition has been filed by the petitioner/complainant against the order dated 28.07.2011 passed by the maharashtra state consumer disputes redressal commission, mumbai, (in short, the state commission) in appeal no. a/11/574 gopinath nagar vs. m/s. nandan builders and ors. by which, appeal filed by the complainant was dismissed at admission stage. 2. brief facts of the case are that complainant/petitioner filed complaint before district forum and prayed for direction to the op/respondent to execute deed of convenience in favour of the complainant no.1/society and further direction to ops to complete the incomplete work and further prayed for compensation along with interest. learned district forum partly allowed the complaint and directed op to execute conveyance deed, but did not grant other reliefs against which, appeal filed by the complainant/petitioner was not admitted against which, this revision petition has been filed along with application for condonation of delay. 3. heard learned counsel for the petitioner at admission stage and perused record. 4. learned counsel for the petitioner submitted that on account of financial crunch, revision petition could not be filed in time; hence, delay in filing revision petition be condoned. 5. in the application for condonation of delay, period of delay to be condoned has not been mentioned, but as per office report, there is delay of 372 days in filing revision petition. paragraph .....

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