Bare Act Search Results

Bengal Municipal Act, 1932 Complete Act

State: West Bengal

Year: 1932

.....sanction of the Governor General has been obtained under sub-section (3) of section 80A of the Government of .India Act to the passing of this Act; It is hereby enacted as follows CHAPTER 1 PRELIMINARY Section 1 Short title, extent and commencement (1)This Act may be called the Bengal Municipal Act, 1932. (2) It extends to the whole of [West Bengal], except Calcutta as defined fay clause (11) of section 3 of the Calcutta Municipal Act, 1923. (3) It shall come into force on such date as the (State Government] may, by notification, appoint. (4) Notwithstanding anything contained in sub-section (2), it shall not take effect in any cantonment or part of a cantonment without the consent of the [Central Government] previously obtained. (5) Notwithstanding anything contained in sub-section (2), the provisions of this Act shall apply to the district of Darjeeling or any part thereof subject to such exceptions and modifications as the State Government may, by notification, direct. Section 2 Savings .- ********* All municipalities constituted, ****** limits defined, regulations, measurements and divisions made, licenses and notices issued, taxes, tolls, rates and fees.....

Indian Partnership Act, 1932 Complete Act

State: Central

Year: 1932

.....therein means any person who is not a partner in the firm; and (e) expressions used but not defined in this Act and defined in the Indian Contract Act, 1872 (9 of 1872), shall have the meanings assigned to them in that Act. SECTION 03: APPLICATION OF PROVISIONS OF ACT 9 OF 1872 The unrepealed provisions of the Indian Contract Act, 1872, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to firms. CHAPTER II: THE NATURE OF PARTNERSHIP SECTION 04: DEFINITION OF "PARTNERSHIP", "PARTNER", "FIRM" AND "FIRM NAME" "Partnership" is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into partnership with one another are called individually "partners" and collectively a "firm", and the name under which their business is carried on is called the "firm name". SECTION 05: PARTNERSHIP NOT CREATED BY STATUS The relation of partnership arises from contract and not from status; and, in particular, the members of a Hindu undivided family carrying on a family business as such, or a Burmese Buddhist husband and wife carrying business as.....

Indian Partnership Act, 1932 Chapter IV

Title: Relations of Partners to Third Parties

State: Central

Year: 1932

.....for the purpose of the business of the firm. Section 19 - Implied authority of partner as agent of the firm (1) Subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the firm, binds the firm. The authority of a partner to bind the firm conferred by this section is called his "implied authority". (2) In the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not empower him toX (a) submit a dispute relating to the business of the firm to arbitration, (b) open a banking account on behalf of the firm in his own name, (c) compromise or relinquish any claim or portion of a claim by the firm, (d) withdraw a suit or proceeding filed on behalf of the firm, (e) admit any liability in a suit or proceeding against the firm, (f) acquire immovable property on behalf of the firm, (g) transfer immovable property belonging to the firm, or (h) enter into partnership on behalf of the firm. Section 20 - Extension and restriction of partners implied authority The partners in a firm may, by contract between the partners, extend or.....

Indian Partnership Act, 1932 Chapter II

Title: The Nature of Partnership

State: Central

Year: 1932

.....a firm, or whether a person is or is not a partner in a firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. Explanation 1.The sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not of itself make such persons partners. Explanation 2.The receipt by a person of a share of the profits of a business, or of a payment contingent upon the earning of profits or varying with the profits earned by a business, does not of itself make him a partner with the persons carrying on the business; and in particular, the receipt of such share or payment (a) by a lender of money to persons engaged or about to engage in any business, (b) by a servant or agent as remuneration, (c) by the widow or child of a deceased partner, as annuity, or (d) by a previous owner or part owner of the business, as consideration for the sale of the goodwill or share thereof, does not of itself make the receiver a partner with the persons carrying on the business. Section 7 - Partnership at will Where no provision is made by contract between the partners for the.....

Indian Partnership Act, 1932 Section 6

Title: Mode of Determining Existence of Partnership

State: Central

Year: 1932

In determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. Explanation 1.The sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not of itself make such persons partners. Explanation 2.The receipt by a person of a share of the profits of a business, or of a payment contingent upon the earning of profits or varying with the profits earned by a business, does not of itself make him a partner with the persons carrying on the business; and in particular, the receipt of such share or payment (a) by a lender of money to persons engaged or about to engage in any business, (b) by a servant or agent as remuneration, (c) by the widow or child of a deceased partner, as annuity, or (d) by a previous owner or part owner of the business, as consideration for the sale of the goodwill or share thereof, does not of itself make the receiver a partner with the persons carrying on the business.

Indian Partnership Act, 1932 Chapter 7

Title: Registration of Firms

State: Central

Year: 1932

.....person, on payment of such fee as may be prescribed, a copy, certified under his hand, of any entry or portion thereof in the Register of Firms. Section 68 - Rules of evidence (1) Any statement, intimation or notice recorded or noted in the Register of Firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was signed, be conclusive proof of any fact therein stated. (2) A certified copy of an entry relating to a firm in the Register of Firms may be produced in proof of the fact of the registration of such firm, and of the contents of any statement, intimation or notice recorded or noted therein. Section 69 - Effect of non-registration (1) No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm. (2) No suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm.....

Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Chapter I

Title: Preliminary

State: Central

Year: 1932

..... (b) "tea estate" means an estate, situated in the tea districts, any part of which is used or is intended to be used for the cultivation or manufacture of tea or for any purpose connected therewith; {Substituted by Act 3 of 1951, section 3 and Schedule, for the former cl. (c).} [(c) "recruiting State" means any State other than Assam ;] (d) "adult" means a person who has completed his sixteenth year, and "child" means a person who is not an adult; (e) a "labourer" means an adult working on wages not exceeding fifty rupees a month, but does not include a clerk or domestic servant, or a mechanic, carpenter, mason, bricklayer or other artisan; (f) an "assisted emigrant" means an adult who, after the commencement of this Act, has left his home in any recruiting State {The words "or in any Part B State" omitted by Act 3 of 1951, section 3 and Schedule}, is proceeding through {substituted by section 3 and Schedule, A.O. 1950, for "any part of any Part A State or Part C State".} [any part of the territories to which this Act extends] to any place in Assam to work as a labourer on a tea estate, and has received assistance from any person, but does not include any person.....

Tea Districts Emigrant Lab0ur Act, 1932 [Repealed] Section 2

Title: Definitions

State: Central

Year: 1932

..... (b) "tea estate" means an estate, situated in the tea districts, any part of which is used or is intended to be used for the cultivation or manufacture of tea or for any purpose connected therewith; {Substituted by Act 3 of 1951, section 3 and Schedule, for the former cl. (c).} [(c) "recruiting State" means any State other than Assam ;] (d) "adult" means a person who has completed his sixteenth year, and "child" means a person who is not an adult; (e) a "labourer" means an adult working on wages not exceeding fifty rupees a month, but does not include a clerk or domestic servant, or a mechanic, carpenter, mason, bricklayer or other artisan; (f) an "assisted emigrant" means an adult who, after the commencement of this Act, has left his home in any recruiting State {The words "or in any Part B State" omitted by Act 3 of 1951, section 3 and Schedule}, is proceeding through {substituted by section 3 and Schedule, A.O. 1950, for "any part of any Part A State or Part C State".} [any part of the territories to which this Act extends] to any place in Assam to work as a labourer on a tea estate, and has received assistance from any person, but does not include any person.....

Indian Partnership Act, 1932 Section 70

Title: Penalty for Furnishing False Particulars

State: Central

Year: 1932

Any person who signs any statement, amending statement, notice or intimation under this Chapter containing any particular which he knows to be false or does not believe to be true, or containing particulars which he knows to be incomplete or does not believe to be complete, shall be punishable with imprisonment which may extend to three months, or with fine, or with both.

Indian Partnership Act, 1932 Chapter V

Title: Incoming and Outgoing Partners

State: Central

Year: 1932

.....of the firm within a specified period or within specified local limits; and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable. Section 37 - Right of outgoing partner in certain cases to share subsequent profits Where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the firm with the property of the firm without any final settlement of accounts as between them and the outgoing partner or his estate, then, in the absence of a contract to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since he ceased to be a partner as may be attributable to the use of his share of the property of the firm or to interest at the rate of six per cent per annum on the amount of his share in the property of the firm: Provided that whereby contract between the partners an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is.....