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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
..... mentioned the pan number of the said company. the legal position is that this company had ceased to exist and was dissolved upon conversion into a limited liability partnership as per section 56 of the limited liability partnership act, 2008 with effect from 13.05.2016.11. there is substantial and affirmative material and evidence on record to show that issue of notice in the ..... reasons to believe mention that m/s sky light hospitality pvt. ltd. who had filed the return for the assessment year 2010-2011, was converted into limited liability partnership on 13.05.2016 under the limited liability partnership act, 2008. thus, it is accepted, is factually correct. reference is made to the tax evasion report received from the investigation unit of the income tax department. ..... khanna hon'ble mr. justice chander shekhar sanjiv khanna, j.(oral) sky light hospitality llp, a limited liability partnership, who had on 13.05.2016 taken over and acquired rights and liabilities of m/s sky light hospitality private limited upon conversion under the limited liability partnership act, 2008, has filed the present writ petition impugning notice dated 30.03.2017 for the assessment year 2010-11 ..... s sky light hospitality pvt ltd. is presently known as m/s sky light hospitality llp having converted into llp from company on 13.05.2016 under limited liability partnership act, 2008. (b). the assessee entered into purchase of property with m/s omkareswar properties pvt ltd. situated at mauja shikohpur on 28.01 .....Tag this Judgment!
Court : Delhi
..... the plaintiff represented that its objection had not been considered but the registrar of companies, being the authority under which an llp is registered under section 15 of the limited liability partnership act, 2008 has not acted thereon owing to the matter being sub judice in this court; (vi) that class 35, in which the mark of the plaintiff is registered, includes business management, business administration ..... limited liability partnership shall be registered the central the opinion of by a name which, government is ..... .9. during the hearing, on my asking the procedure for registration of a limited liability partnership, my attention was drawn by the senior counsel for the plaintiff to section 15 of the limited liability partnership (llp) act, 2008. section 15 of the llp act is as under:-" 15. name. (1) every limited liability partnership shall have either the words "limited liability partnership" or the acronym "llp" as the last words of its name. (2) no .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
..... likely to cause confusion and the customers of the said business mistaking one for the other; (iii) that mark includes name/trade name; and, (iv) that the companies act, 2013 and the limited liability partnership act, 2008 also prohibit same name for two businesses, i have straightway enquired from the counsel for the defendant, why the interim injunction restraining the defendant from use of the word ..... application for registration, of any other person under the trade marks act. section 17 of the limited liability partnership act provides for change of name of an llp, name whereof is identical or too nearly resembles the name of any other llp or body corporate or other name ..... 18 22. even otherwise, law does not envisage identical businesses having the same name. section 15(2) of the limited liability partnership act prohibits registration of a limited liability partnership (llp) by a name which is identical or too nearly resembles to that of any other partnership firm or llp or body corporate or a registered trade mark, or a trade mark which is subject of an ..... as to be likely to be mistaken for it. similarly, section 16 of the companies act provides for rectification of the name of a company, the name whereof is .....Tag this Judgment!
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 .....Tag this Judgment!