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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 2017 Page 5 of about 179 results (0.084 seconds)

Feb 27 2017 (HC)

S. Kumaresan Vs. State Rep. By: The Inspector of Police, All Women Pol ...

Court : Chennai

Decided on : Feb-27-2017

..... her. prosecution contended that she gave consent on misconception of fact that he will marry her. the defence contended that she was a consenting-party for sexual partnership. it was held that it is consensual sex and acquitted the accused. 22. in uday vs. state of karnataka [(2003) 4 scc 46] the ..... cases. however, the courts now-a-days do come across registration of many cases of the offence of rape under section 376 of the indian penal code. if the act is repeatedly committed, then, section 376 (2)(n) is also invoked where the punishment is not less than 10 years. thus, the ..... it can hardly be said that the consent was obtained fraudulently. therefore, there is no material against the accused to charge him under section 376 of the indian penal code. however, there are other allegations of intimidation, cheating and causing hurt and beating. 33. inakshay manoj jaisinghani vs. state of maharashtra (anticipatory ..... both the families. the marriage proposal was broken. he refused to marry her. he was prosecuted for offences under sections 376, 420, 323, 506(ii) ipc. 32. in the said case the bombay high court held as under: 6. perused all the documents presented here. after going through the fir, it ..... to abort. it was forcibly aborted. thereafter, he refused to marry her. he was prosecuted for offences under sections 323, 376 and 506(i) of ipc. he contended that the physical relationship was out of their mutual consent. 30. in the said case the bombay high court held as under: ''perused the .....

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Aug 24 2017 (HC)

Bharati Bhawan & Anr vs.m/s Shree Jee Prakashan & Ors

Court : Delhi

Decided on : Aug-24-2017

..... contention and submissions advanced by learned counsel for plaintiffs are as under:-"(i) the plaintiff no.1, bharati bhawan (publishers and distributers) is a partnership firm which publishes school and college textbooks in english, hindi and bengali. it publishes books for the national school boards i.e. central board of ..... with the plaint; (ii) the plaintiff no.2, dr. h.c. verma, is a nuclear experimental physicist who completed his doctorate from the indian institute of technology, kanpur. he is the author of the book 'concept of physics' which is the subject matter of the present proceedings. the ..... plaintiff is entitle to a decree under order xiii-a of the commercial courts, commercial division and commercial appellate division of the high courts act, 2015 as the said provision empowers this court to pass a summary judgment, without recording evidence, if it appears that the defendant has ..... restraining the defendant nos.1 and 2, their partners as the case may be, their officers, servants and agents, affiliated entities, and all other acting for and on their behalf from translating in hindi or in any other language substantially or otherwise the plaintiffs? book concepts of physics?; publishing, printing ..... by the plaintiffs under order 8 rule 10 civil procedure code read with order 13-a rules 3 & 6 (1)(a) of the commercial courts act, 2015 and section 151 cpc.2. the present suit has been filed for permanent injunction restraining the defendants for infringement of the copyright of .....

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Mar 02 2017 (HC)

M. Vijayalakshmi and Another Vs. Sadhu A.N. Sircar Foundation, Rep.by ...

Court : Chennai

Decided on : Mar-02-2017

..... parties. that itself clearly shows that they concealed the material facts and obtained letters of administration fraudulently. 21. in this context, it is useful to refer section 263 of the indian succession act 1925, which reads as follows: 263. revocation or annulment for just cause the grant of probate or letters of administration may be revoked or annulled for just cause. explanation ..... not make the said society distinct from an association of persons. sections 223 and 236 of the act in very categorical terms provide that association of persons; be it a society, a partnership or other forms of associations, a letter of administration can be granted only to a company fulfilling the conditions laid down under the rules. the rules have been ..... framed by the governor-general-in council, which, after the enforcement of the constitution of india, became a law within the meaning of article 372. sections 223 and 236 of the act ..... of the applicants, the 1st respondent has suppressed the same in the original petition proceedings for grant of letters of administration. as per sub-clause to section 263 of the indian succession act, if the grant of letters of administration has become useless and inoperative through circumstances, the same can be revoked. in the instant case, according to the first respondent, will .....

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Aug 30 2017 (SC)

N. Harihara Krishnan Vs. J. Thomas

Court : Supreme Court of India

Decided on : Aug-30-2017

..... ltd. (hereafter norton) sold three parcels of land by three separate registered sale deeds dated 14.5.2007 to one m/s. srivari exports, a partnership firm (hereafter firm). the appellant herein is the managing partner of the firm and the respondent, it appears, is the power of attorney holder for the ..... in question was drawn by a private company (dakshin) (a third party to the sale transactions and such a payment is permissible under the indian contract act) and allegedly signed by the appellant in his capacity as the director of dakshin.12. the learned counsel for the appellant argued; (a) ..... sale consideration in connection with the sale transactions referred to above.4. the said cheque was presented for collection by the respondent through his bank (indian bank, high court branch, chennai) on 28.8.2012 which was dishonoured on the ground that the account on which the cheque was drawn ..... the complaint.25. the question whether the respondent had sufficient cause for not filing the complaint against dakshin within the period prescribed under the act is not examined by either of the courts below. as rightly pointed out, the application, which is the subject matter of the instant ..... occasion to examine the question whether an authorised signatory of a company would be liable for prosecution under section 138 of the negotiable instruments act, 1881 (for brevity the act ) without the company being arraigned as an accused and held as follows:- 59. in view of our aforesaid analysis, we arrive .....

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Jan 30 2017 (HC)

Nathia Devi vs.new Delhi Municipal Council & Anr.

Court : Delhi

Decided on : Jan-30-2017

..... 1/- per month and not at market rates and only for sale of flowers and other non-licensable trade and that it cannot be transferred nor can a partnership be entered into by the allottee as it is not covered under the regular policy of the ndmc for transfer of shops, kiosks, etc. licensed on ..... the petitioner can be dispossessed by the ndmc without following the due process of law. the respondent/ndmc shall have to invoke the provisions of the pp act for seeking the eviction of the petitioner from the kiosk.6. mr. uppal, learned senior advocate submits at this stage that the petitioner does not ..... 7.2013 and no violation of trade was found at the kiosk. as a result, the petition filed by the respondent/ndmc under section 5 of pp act was disposed of as infructuous.3. subsequently on receiving a complaint from a private party about the irregular transfer of the kiosk, the ministry of home ..... 2016, the respondent/ndmc had initiated proceedings against the petitioner under sections 4,5 and 7 of the pp act, and in his order dated 05.8.2013, the estate officer had recorded the statement of the ndmc that full payment in w.p.(c) ..... 6, palika bazar and restraining it from initiating any proceedings against her under section 5 of the public premises (eviction of unauthorised occupants) act,1971 (hereinafter referred to as the pp act ).2. mr. uppal, learned senior advocate appearing for the petitioner submits that prior to issuing the show cause notice dated 15.12. .....

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Nov 21 2017 (HC)

Dinesh Kumar Nag Vs. The State of Jharkhand Through the Chief Secretar ...

Court : Jharkhand

Decided on : Nov-21-2017

..... has been passed by the director general of police, jharkhand, ranchi. it is the case of the petitioner that the petitioner had a registered partnership firm namely m/s. dinesh kumar nag under class ii contractor in the road construction department, government of jharkhand. the petitioner had claimed to ..... sections 147, 148, 149, 341, 342, 323, 506, 379, 435, 427, 353, 307 of the indian penal code, section 27 of the arms act and section 17 of the criminal law amendment act in which the petitioner was arrested on 27.01.2017. the petitioner claims that on account of a clipping in ..... and to fill up the lacuna subsequently which is apparent in view of the first supplementary counter affidavit filed by the state, the state has acted thus and the same should be condemned. learned counsel further submits that on the face of second counter affidavit the order of the director ..... further pointed out that a designated authority is defined in section 2(e) of the act but concerned principal secretary being not designated by the state government he was not authorized to either confirm or revoke any order of attachment. pursuant ..... management, government of jharkhand, ranchi. it has been stated that the statutory period of sixty days in terms of section 25(3) of the act for either confirming or revoking the order of attachment was not passed and, therefore, the order of attachment itself has become redundant. learned counsel has .....

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May 12 2017 (HC)

D. V. Malhotra vs.state

Court : Delhi

Decided on : May-12-2017

..... time, but may be reached by successive actions evidencing their joining of the conspiracy. it (9) it has been said that a criminal conspiracy is a partnership in crime, and that there is in each conspiracy a joint or mutual agency for the prosecution of a common plan. thus, if two or more ..... in the trial in the present case, in accordance with the principles of law governing the provisions of sections 5, 80, 145, 155 and 157 of the indian evidence act, 1872. in order to amplify this submission, reliance would be placed on the decision in state of kerala v. babu, reported as (1999) 4 scc621 44 ..... reported as (2000) 1 scc722 it would then be urged on behalf of the state that in accordance with 45. the provision of section 27 of the indian evidence act, 1872, the disclosure crl.rev.p. 262/2016, crl.rev.p. 263/2016, crl.rev.p. 264/2016 & crl.rev.p. 265/2016 page ..... also be urged by ms. john and mr. narang, learned counsel, 31. that the invocation of the principles of section 10 of the indian evidence act, 1872, (hereinafter referred to as 'the evidence act') is misplaced, inasmuch as, the charge of conspiracy itself is misfounded. in this behalf, reliance crl.rev.p. 262/2016, crl.rev ..... of the conspiracy. xiii. all accused persons are guilty of the offence of conspiracy to do illegal acts, though for individual offences all of them may not be liable. in other words, a criminal conspiracy is a partnership in crime, and there is in each conspiracy, a joint or mutual agency for the prosecution of .....

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May 12 2017 (HC)

Gopal Ansal vs.state

Court : Delhi

Decided on : May-12-2017

..... time, but may be reached by successive actions evidencing their joining of the conspiracy. it (9) it has been said that a criminal conspiracy is a partnership in crime, and that there is in each conspiracy a joint or mutual agency for the prosecution of a common plan. thus, if two or more ..... in the trial in the present case, in accordance with the principles of law governing the provisions of sections 5, 80, 145, 155 and 157 of the indian evidence act, 1872. in order to amplify this submission, reliance would be placed on the decision in state of kerala v. babu, reported as (1999) 4 scc621 44 ..... reported as (2000) 1 scc722 it would then be urged on behalf of the state that in accordance with 45. the provision of section 27 of the indian evidence act, 1872, the disclosure crl.rev.p. 262/2016, crl.rev.p. 263/2016, crl.rev.p. 264/2016 & crl.rev.p. 265/2016 page ..... also be urged by ms. john and mr. narang, learned counsel, 31. that the invocation of the principles of section 10 of the indian evidence act, 1872, (hereinafter referred to as 'the evidence act') is misplaced, inasmuch as, the charge of conspiracy itself is misfounded. in this behalf, reliance crl.rev.p. 262/2016, crl.rev ..... of the conspiracy. xiii. all accused persons are guilty of the offence of conspiracy to do illegal acts, though for individual offences all of them may not be liable. in other words, a criminal conspiracy is a partnership in crime, and there is in each conspiracy, a joint or mutual agency for the prosecution of .....

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May 12 2017 (HC)

Sushil Ansal vs.state

Court : Delhi

Decided on : May-12-2017

..... time, but may be reached by successive actions evidencing their joining of the conspiracy. it (9) it has been said that a criminal conspiracy is a partnership in crime, and that there is in each conspiracy a joint or mutual agency for the prosecution of a common plan. thus, if two or more ..... in the trial in the present case, in accordance with the principles of law governing the provisions of sections 5, 80, 145, 155 and 157 of the indian evidence act, 1872. in order to amplify this submission, reliance would be placed on the decision in state of kerala v. babu, reported as (1999) 4 scc621 44 ..... reported as (2000) 1 scc722 it would then be urged on behalf of the state that in accordance with 45. the provision of section 27 of the indian evidence act, 1872, the disclosure crl.rev.p. 262/2016, crl.rev.p. 263/2016, crl.rev.p. 264/2016 & crl.rev.p. 265/2016 page ..... also be urged by ms. john and mr. narang, learned counsel, 31. that the invocation of the principles of section 10 of the indian evidence act, 1872, (hereinafter referred to as 'the evidence act') is misplaced, inasmuch as, the charge of conspiracy itself is misfounded. in this behalf, reliance crl.rev.p. 262/2016, crl.rev ..... of the conspiracy. xiii. all accused persons are guilty of the offence of conspiracy to do illegal acts, though for individual offences all of them may not be liable. in other words, a criminal conspiracy is a partnership in crime, and there is in each conspiracy, a joint or mutual agency for the prosecution of .....

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Nov 21 2017 (HC)

New Bansal Glass Works vs.gail Gas Ltd. & Ors.

Court : Delhi

Decided on : Nov-21-2017

..... refer to those decisions in detail. having regard to our conclusion that arbitral proceedings will not come under the expression other proceedings of section 69(3) of the partnership act, the ban imposed under the said section 69 can have no application to arbitral proceedings as well as the arbitration award. 5. in view of the above decision, the ..... to certain other decisions in support of their respective submissions, as we are fortified by our conclusion, based on the interpretation of section 69 of the partnership act vis-a- vis the 1996 act and the 1940 act as well as supported by the decision in jagdish chander (air1964sc1882 (supra) and kamal pushp enterprises (air2000sc2676 (supra), we do not find any necessity to ..... vs. himachal pradesh co-operative group housing society ltd. air2016sc3116, has held that arbitral proceedings will not come under the expression other proceedings of section 69(3) of the partnership act and, therefore, the ban imposed under the said section 69 can have no application to arbitral proceedings as well as the arbitration award. i may only quote from the judgment ..... dated 13th february, 2015 passed by the sole arbitrator dismissing the claims of the petitioner on the ground that the petitioner, being a partnership firm, is not registered and consequently in terms of section 69 (3) of the partnership act, the claim petition is not maintainable.2. counsel for the petitioner submits that the firm was in fact registered with the registration .....

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