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.....

The Madras Marumakkattayam Act, 1932 Complete Act

State: Kerala

Year: 1932

THE MADRAS MARUMAKKATTAYAM ACT, 1932 THE MADRAS MARUMAKKATTAYAM ACT, 1932 [Act No. 12 of 1933] PREAMBLE An Act to define and amend in certain respects the Law relating to marriage, guardianship, intestate succession, family management and partition applicable to persons governed by the Marumakkattayam Law of inheritance. Whereas it is expedient to define and amend in certain respects the law relating to marriage, guardianship, intestate succession, family management and partition applicable to persons governed by the Marumakkattayam Law of inheritance. And Whereas the previous sanction of the Governor-General has been obtained to the passing of this Act; It is hereby enacted as follows; - Section 1 - Short title and extent (1) This Act may be called the Madras Marumakkattayam Act, 1932. (2) It shall apply- (a) to all Hindus in the Presidency of Madras who are governed by the Marumakkattayam Law of inheritance; (b) to all Hindus outside the said Presidency governed by the said law, in respect of properties within it; and (c) to all Hindu males whether governed by the said law or not, who have contracted or may contract marital alliances with Hindu.....

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 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 Section 25

Title: Liability of a Partner for Acts of the Firm

State: Central

Year: 1932

Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

Indian Partnership Act, 1932 Chapter VI

Title: Dissolution of a Firm

State: Central

Year: 1932

.....that 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 55 - Sale of goodwill after dissolution (1) In settling the accounts of a firm after dissolution, the goodwill shall, subject to contract between the partners, be included in the assets, and it may be sold either separately or along with other property of the firm. Rights of buyer and seller of goodwill.(2) Where the goodwill of a firm is sold after dissolution, a partner may carry on a business competing with that of the buyer and he may advertise such business, but, subject to agreement between him and the buyer, he may not,X (a) use the firm name, (b) represent himself as carrying on the business of the firm, or (c) solicit the custom of persons who were dealing with the firm before its dissolution. Agreements in restraint of trade.(3) Any partner may, upon the sale of the goodwill of a firm, make an agreement with the buyer that such partner will not carry on any business similar to that of the firm within a.....

Indian Partnership Act, 1932 Section 49

Title: Payment of Firm Debts and of Separate Debts

State: Central

Year: 1932

Where there are joint debts due from the firm, and also separate debts due from any partner, the property of the firm shall be applied in the first instance in payment of the debts of the firm, and, if there is any surplus, then the share of each partner shall be applied in payment of his separate debts or paid to him. The separate property of any partner shall be applied first in the payment of his separate debts, and the surplus (if any) in the payment of the debts of the firm.