Court : Kolkata
Decided on : Sep-22-2017
..... the hon ble supreme court in addanki narayanappa and anr v. bhaskara krishnappa and ors.reported at air1966sc1300in which sections 14,15, 29, 32, 37, 38 and 48 of the indian partnership act were elaborately discussed. it is submitted that in the said decision it has been clearly stated that whatever may be the character of the property which is brought in by ..... interfere with the surviving partner s right to deal with and dispose of any such assets in the purpose of realisation. mr.mitra has referred to section 37 of the indian partnership act, 1932 and submits that if at the trial it is established that notwithstanding the death of deokinandan jalan, the surviving or continuing partners carry on the business of the firm ..... the partners constituting the firm. a firm under the general law has no distinct legal entity and has no legal existence of its own. section 5 of the indian partnership act recognizes that the relation of partnership arises from contract and not from statute. it arises only from a voluntary agreement and is not created by statute or obtained by birth. there are few ..... compensation and from the bihar government on the accounts being settled and upon discharge of the liabilities. this relief is based on section 46 of the indian partnership act, 1932. it is submitted that section 46 recognised that even a representative of the deceased partners will have the right to have the property of the firm applied in payment .....Tag this Judgment!
Court : Chennai
Decided on : Feb-03-2017
..... 3 are not personally liable under the above said letter of promise, it could be see that the suit laid by the plaintiff is hit by section 69 of the indian partnership act, 1932. accordingly, the substantial questions of law formulated in this second appeal are answered against the plaintiff and in favour of the defendants. in conclusion, the second appeal fails and ..... erstwhile partner of the first defendant firm and the same is also indicated in the letter of promise, the suit is maintainable and not barred under section 69 of the indian partnership act, 1932 and in this connection, he relied on the decision reported in(2004) 13 scc 358 (bhartesh chandra jain vs. shoiab ullah and others). however, as rightly put forth by ..... has given up the first defendant only to set at naught the rigour of the defence of maintainability of the suit raised by the defendants under section 69 of the indian partnerships act, 1932 by misusing the judicial process. 10. the plaintiff's counsel further contended that inasmuch as the plaintiff has sought the recovery of money in lieu of his capital, share ..... first defendant, without effecting consequential amendment of the plaint pleadings. when the defendants have in their written statement specifically pleaded that the suit is hit by section 69 of the indian partnership act, 1932, the plaintiff on giving up his case as against the first defendant, should have given due notice of the same to all the defendants. the plaintiff seems to have .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-27-2017
..... of the petitioner issued under section 43 of the indian partnership act, 1932; (vii) whether the respondents are liable to pay the ..... the respondent no.2 & 3 have carried on the business of partnership keeping him in the dark and have misappropriated partnership funds. he, treating the partnership as one at will, issued a notice on 22nd november, 2016 under section 43 of the indian partnership act, dissolving the partnership. the partnership agreements between the parties contain an arbitration clause, clause-36 which is ..... the respondents have done an illegality allegedly expelling the petitioner from the partnership firm; (v) whether the alleged expulsion of the petitioner from the firm is violative to clause 27 of the deed of partnership and section 33 of the indian partnership act, 1932; (vi) whether the partnership firm has been dissolved on delivery of notice dated 22.11.2016 ..... follows: 36. arbitration clause:- that in case of dispute arising between the partners regarding the partnership business as the same shall be referred to the arbitration as stipulated .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-30-2017
..... these facets need detailed enquiry and evidence. it is unregistered till this date in view of the disputes between the parties. the submission revolving around section 69 (2) of the indian partnership act cannot be the foundation to reject the plaint, in the present stage. (10) i have considered the respective contentions of the parties. (11) it is an undisputed fact that sanjay ..... bricks. production of fly ash bricks was contemplated under the contract and the claim arises out of the contract. therefore, the suit is barred under sec. 69(2) of the indian partnership act, 1932 and the submissions including the cases cited by the plaintiff-respondent cannot be accepted. the plea of statutory right taken by the plaintiff is not applicable in view of ..... defendant. the plaintiffs have instituted the suit as partners of the said firm. however, the said firm is unregistered. hence, the suit is barred under sec. 69(2) of the indian partnership act, 1932 (in short ipa ) which bars a suit on behalf of a firm against any third party to enforce a contractual right unless the firm is registered and the persons ..... products of the defendant only inasmuch as the application was also in respect of dets , an abbreviation for detergents. . (14) the plaintiffs in the name of the said partnership firm continued to act as redistribution stockist of the defendant in respect of detergent products. (45j.in the premises aforesaid, by reason of the wrongful termination of the contract and/or wrongful and .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-05-2017
..... does not convert the relationship between the parties as anything other than the relationship between the partners.the question is whether a single venture agreement can be a partnership. section 8 of the indian partnership act deals with such a situation. section 8 makes it clear that a person may become a partner with any person in particular adventure or undertaking. therefore, the term ..... is clear that the said agreement demonstrates the relationship between the persons who have agreed to share the profits of a business. if the definition of the partnership as given under section 4 of the indian partnership act is analysed, it will be clear that it has three components: a) agreement must be entered into by all persons; b) agreement must be to ..... ltd.versus cityscape developers pvt.ltd., a.p.no.237 of 1998. mr.mitra has relied upon the following passages from the said decision in support of his submission:- partnership has been defined under section 4 of the indian partnership act as the relation between persons who have agreed to share the profits of a business carried on by all or any of them ..... business, which has been used in section 4 of the said indian partnership act, may consist of even a single commercial adventure on which the parties may embark. such instances of a particular partnership may take various forms including the development of a parcel of land. (see the judgment of the division bench of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-31-2017
..... indian partnership act, 1932, the central excise act, 1944, customs act, 1962, income-tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act ..... , 2008, and the companies act, 2013.5. the code seeks to achieve ..... , assuming that it was probably intended to leave it unaltered... by from inquiring how the we must therefore construe the provisions of the indian forming a code income-tax act as 93 complete in itself and exhaustive of the matters dealt with therein, and ascertain what their true scope is. (at page585) similarly ..... of u.p. [(1957) scr423 where this court was considering the question of the inconsistency between the two central enactments, namely, the indian penal code and the prevention of corruption act held that there was no inconsistency and observed as follows:- it seems to us, therefore, that the two offences are distinct and .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-18-2017
..... title deeds in the presence of the branch manager/divisional manager and two other employees of the bank. (b) where the property belongs to a partnership firm, all the partners must call at the branch for the purpose. however, if any one or more of the partners cannot call at the ..... upon to do so. it requires to be stamped under article 6 of schedule 1 of the indian stamp 5 act or the corresponding article of the state stamp (amendment) act, and must be registered under the indian registration act. iv. 3.4.6 while creating an equitable mortgage by deposit of title deeds, the following ..... tiwari, learned special judge, cbi cases, ranchi, on 17.05.2016 has taken cognizance of the offence under the aforesaid sections of the ipc and p.c. act.7. on the other hand, learned counsel for the cbi appeared in this case and he has filed counter-affidavit and during course of arguments ..... above panel advocates including the petitioner. on the basis of the aforesaid allegations, the instant fir has been lodged under the aforesaid sections of the indian penal code.4. counsel for the petitioner while pressing bail application, submitted that the only allegation levelled as against the petitioner is that he has ..... fir no.rc0932014s0012 (dated 28.07.2014) of cbi, eow, ranchi, initially registered under sections 120b read with sections 420, 468 and 471 of the indian penal code lodged on the basis of one complaint filed by shri neeraj raja singh, chief manager, state bank of india, sme branch, city centre, .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-18-2017
..... deeds in the presence of 5 the branch manager/divisional manager and two other employees of the bank. (ii) where the property belongs to a partnership firm, all the partners must call at the branch for the purpose. however, if any one or more of the partners cannot call at the ..... called upon to do so. it requires to be stamped under article 6 of schedule 1 of the indian stamp act or the corresponding article of the state stamp (amendment) act, and must be registered under the indian registration act. iv. 3.4.6 while creating an equitable mortgage by deposit of title deeds, the following ..... k. tiwari, learned special judge, cbi cases, ranchi, on 17.05.2016 has taken cognizance of the offence under the aforesaid sections of the ipc and p.c. act.7. he submits that as the trial will take some time, the petitioner be enlarged on anticipatory bail.8. on the other hand, learned ..... above panel advocates including the petitioner. on the basis of the aforesaid allegations, the instant fir has been lodged under the aforesaid sections of the indian penal code. 3 4. counsel for the petitioner while pressing bail application, submitted that the only allegation levelled as against the petitioner is that he ..... fir no.rc0932014s0011 (dated 28.07.2014) of cbi, eow, ranchi, initially registered under sections 120b read with sections 420, 468 and 471 of the indian penal code lodged on the basis of one complaint filed by neeraj raja singh, chief manager, state bank of india, sme branch, city centre, sector-iv .....Tag this Judgment!
Court : Jharkhand
Decided on : Jun-09-2017
in the high court of jharkhand at ranchi arbitration application no. 14 of 2016 m/s industrial associates, a registered partnership, registered under the partnership act, 1932, having its office at 238b, a.j.c. bose road, 2nd floor, kolkata-700020, through its authorised signatory debasis sarkar, son of shri kishori mohan sarkar, resident of 65, ..... road, p.o. & p.s. behala, circus avenue, district kolkata-700034 (wb) petitioner versus m/s hindustan copper limited, a company registered under the companies act, 1956, a government of india enterprise, having its registered office at indian copper complex , p.o. & p.s. ghatshila, district east singbhum ` ... ... respondent ------ coram: hon'ble mr. justice d.n. patel ----- for the petitioner: mrs. darshana ..... not appointed the learned arbitrator. now, after filing of this application under section 11(6) of the arbitration and conciliation act, 1996, the respondents can not appoint arbitrator as held by hon'ble the supreme court in deep trading company versus indian oil corporation and others reported in (2013) 4 scc35 at paragraph no.s 19 and 22, which are quoted as .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-2017
..... have no legal sanction at all. however, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically ..... with or without permission of the court. in respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like prevention of corruption actor the offences committed by public servants while working in that capacity, the settlement ..... sheet has been filed against the above accused persons for the alleged offences under sections 120-b r/w.420, 467, 468, r/w.468 ipc, in c.c.no.15945 of 2003. since the issues involved in both the crl.o.ps, are one and the same, these original petitions ..... parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. no doubt, crimes are acts which have harmful effect on the public and consist in wrong doing that seriously endangers and threatens wellbeing of society and it is not safe to ..... a criminal conspiracy to commit criminal misconduct and cheat the idbi bank. the said acts of the accused persons prima facie constitute the offence punishable under section 120(b), r/w.420, 467, 468 r/w.471 ipc. on source information, a case in rc ma1-1999-a0016 was registered by .....Tag this Judgment!