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Judgment Search Results Home > Cases Phrase: limited liability partnership act 2008 Page 1 of about 47,933 results (1.360 seconds)

Mar 29 2016 (HC)

Wind World (India) Limited and Others Vs. Enercon GmbH and Another

Court : Mumbai

..... respectively. it is not in dispute that those four partnership firms are limited liability partnerships and are body corporates and are registered under the provisions of limited liability partnerships act, 2008. it is not dispute that no separate relief is prayed against those four limited liability partnerships or against vaayu renewable energy (purna) pvt. ltd. 76. under section 3 of the limited liability partnerships act, 2008 a limited liability partnership is a body corporate incorporated under the provisions of the ..... said act is a separate legal entity separate from that of its ..... decisions or misconduct of the other partners. the provisions of indian partnership act, 1932 cannot be extended to such limited liability partnerships. in my view the majority arbitrators thus could not have applied the provisions and/or principles of indian partnerships act, 1932 to those four limited liability partnerships formed and registered under the provisions of limited liability partnerships act, 2008 and to a private limited company. 77. in my view, no interim measures as .....

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Mar 27 2019 (SC)

Serious Fraud Investigation Office Vs. Rahul Modi

Court : Supreme Court of India

..... by the serious fraud investigation office (sfio).2. and whereas the central government is also empowered to order investigation into the affairs limited liability partnerships (llps) under section 43 (2) & (3) (c) (i) of the limited liability partnership act, 2008.3. and whereas on the basis of opinion formed by the central government, it has been decided to investigate the affairs of following ..... rahul modi and another etc. 2 3. in exercise of powers conferred by section 212(1)(c) of the companies act, 2013 ( 2013 act , for short) and under section 43(2) and (3)(c)(i) of the limited liability partnership act, 2008 ( 2008 act , for short), the central government vide order no.07/115/2018/cl-ii (nwr), directed investigation into the affairs of ..... companies:- cin company / llp name1 u45201hr2000plc045 738 adarsh buildesta te limited regio n pan_ number statu s haryana aajca190 7a actv new addres s1t floor, ..... manner oppressive or unfairly prejudicial to some or any of its partners, or that the limited liability partnership was formed for any fraudulent or unlawful purpose; or (ii) that the affairs of the limited liability partnership are the in accordance with not being conducted provisions of this act, or (iii) that, on receipt of a report of the registrar or any other .....

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Apr 09 2012 (HC)

Gunjan Sinha JaIn and Others Vs. Registrar General, High Court of Delh ...

Court : Delhi

..... . 187 187. upon the coming into force of the limited liability partnership act, 2008: (1) the indian partnership act, 1932 stands repealed. (2) the provisions of the indian partnership act, 1932 ipso facto apply to limited liability partnerships (llps) also. (3) both the acts co-exist but the provisions of the indian partnership act, 1932 are not applicable to llps save as otherwise provided. (4) the limited liability partnership act, 2008 is applicable to only metropolitan cities as defined therein ..... and the indian partnership act, 1932 continues to apply to the rest of the country ..... . 74. clearly, this question tests the knowledge of a candidate in respect of the limited liability partnership act, 2008 which, admittedly, was not part of the syllabus. consequently, this question has to .....

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Jan 25 2019 (SC)

Swiss Ribbons Pvt. Ltd. Vs. Union of India

Court : Supreme Court of India

..... the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the 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 the above objectives.? (emphasis in original) 10. the preamble of the code states as follows: ?an act to consolidate and amend the laws relating to reorganization ..... and insolvency resolution of corporate persons, partnership firms and individuals in a time .....

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Nov 07 2014 (HC)

P and O Nedlloyd Ltd. and ors. Vs. Assistant Director of Income Tax

Court : Kolkata

..... uk. under section 2(31) (iv) of the said act, person includes a firm and under section 2(23)(i) of the income tax act, 1961, a firm shall have the meaning assigned to it in the indian partnership act, 1932 and shall include a limited liability partnership as defined in the limited liability partnership act, 2008. the provisions of the indian partnership act, 1932 in particular sections 4 and 69 when applied for ..... said act, leads this court to conclude the said partnership is a firm within the meaning ..... the purpose of determining whether the said partnership is a firm within the meaning of the .....

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Jan 29 2016 (HC)

M/s. Amritlakshmi Machine Works and Another Vs. The Commissioner of Cu ...

Court : Mumbai

..... act. 42. this reference is disposed of in above terms. no order as to costs. ( ..... its managing partner under section 112(a) of the act in the above cases. 41. it is made clear that the issue posed before us was only in respect of a partnership firm registered under the indian partnership act 1932. we have not in any manner dealt with partnership firm registered under the limited liability partnership act, 2008 and the liability of its partners under section 112(a) of the ..... partnership act. therefore in the absence of section 140 of the act, a partnership firm does not have an identity different from its partners. section 140 of the act alone bestows an independent identity upon the firm and has application only in respect of such a partner who is the person responsible to the firm for its business. further section 140 of the act has limited ..... by law. 65. the exposition of law in the above decisions makes it clear, that a partnership firm, when is an importer of goods would be a person for the purposes of section 112(a) of the act and cannot escape the liability to be fastened of a penalty for any acts or omissions which result in contravention of the provisions of the .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... no.4770/2012 present fee earlier fee (rs.) page 247 of 531 32. any suit under the partnership act, 1932 (9 of 1932) for rendition of accounts and / or partition or for any relief under the limited liability partnership act, 2008. when filed before civil judge. one hundred a or one percentum of the valuation of the suit ..... setty v. state of karnataka, while dealing with the issue of constitutionality of fixation of ad valorem court fees without any upper limit in the rajasthan and karnataka court fees act, the court quoted a.p. herbert s ?more uncommon law referring to the words of the judge in the fictional case of ..... and a piece of class legislation which was prohibited under article 14.515. the court fees payable under the impugned act on the several entries noted above for which no maximum limit is prescribed has to be held to be discriminatory and arbitrary and as such liable to be struck down. on ..... an immunity upon the council of ministers or the minister/ministry concerned to explain, defend and justify the orders and acts of the president done in exercise of his function. the limited provision contained in article 74(2) cannot w.p.(c)no.4770/2012 page 167 of 531 override the basic ..... the statement of objects and reasons appended to the bill is not admissible as an aid to the construction of the act to be passed, but it can be used for limited purpose for ascertaining the conditions which prevailed at that time which necessitated the making of the law, and the extent and .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... no.4770/2012 present fee earlier fee (rs.) page 247 of 531 32. any suit under the partnership act, 1932 (9 of 1932) for rendition of accounts and / or partition or for any relief under the limited liability partnership act, 2008. when filed before civil judge. one hundred a or one percentum of the valuation of the suit ..... setty v. state of karnataka, while dealing with the issue of constitutionality of fixation of ad valorem court fees without any upper limit in the rajasthan and karnataka court fees act, the court quoted a.p. herbert s ?more uncommon law referring to the words of the judge in the fictional case of ..... and a piece of class legislation which was prohibited under article 14.515. the court fees payable under the impugned act on the several entries noted above for which no maximum limit is prescribed has to be held to be discriminatory and arbitrary and as such liable to be struck down. on ..... an immunity upon the council of ministers or the minister/ministry concerned to explain, defend and justify the orders and acts of the president done in exercise of his function. the limited provision contained in article 74(2) cannot w.p.(c)no.4770/2012 page 167 of 531 override the basic ..... the statement of objects and reasons appended to the bill is not admissible as an aid to the construction of the act to be passed, but it can be used for limited purpose for ascertaining the conditions which prevailed at that time which necessitated the making of the law, and the extent and .....

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Aug 14 2018 (SC)

State Bank of India Vs. V. Ramakrishnan

Court : Supreme Court of India

..... means a company as defined in clause (20) of section 2 of the companies act, 9 2013 (18 of 2013), a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2 of the limited liability partnership act, 2008 (6 of 2009), or any other person incorporated with limited liability under any law for the time being in force but shall not include any financial ..... service provider; (8) corporate debtor means a corporate person who owes a debt to any person; xxx xxx xxx (11) debt means a liability or obligation in respect of a ..... principal debtor and the surety [national project construction corporation limited v. sandhu and co., air1990p&h300. the surety here may be a corporate or a natural person and the liability of such person goes as far the liability of the principal debtor. as per section 128 of the indian contract act, 1872, the liability of the surety is co-extensive with that of the ..... principal debtor and the creditor may go against either the principal debtor, or the surety, or both, in no particular sequence [chokalinga chettiar v. dandayunthapani chattiar, air1928mad 1262].. though this may be limited by the terms of the contract of .....

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Aug 31 2017 (SC)

M/S. Innoventive Industries Ltd Vs. Icici Bank

Court : Supreme Court of India

..... 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 ..... a young emerging economy with the entrepreneurial dynamism of india. such dynamism not only needs reforms, but reforms done urgently. xxx xxx xxx xxx the limited liability company is a contract between equity and debt. as long as debt obligations are met, equity owners have complete control, and creditors have no say ..... ceasing to have force, revive and be enforceable and the proceedings referred to therein shall be continued: provided that in computing the period of limitation for right, privilege, obligation or liability, the period during which it was suspended under clause (a) (iv) shall be excluded notwithstanding anything contained in any law for the ..... notifications dated 22nd july, 2015 and 18th july, 2016, both under the maharashtra relief undertakings (special provisions act), 1958 (hereinafter referred to as the maharashtra act), all liabilities of the appellant, except certain liabilities with which we are not concerned, and remedies for enforcement thereof were temporarily suspended for a period of one .....

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