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Limited Liability Partnership Act 2008 Section 65

Title: Rules for Winging Up and Dissolution

State: Central

Year: 2008

The Central Government may make rules for the provisions in relation to winding up and dissolution of limited liability partnerships.

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Finance Act 2008 Section 65

Title: Insertion of New Section 35ga

State: Central

Year: 2008

After section 35G of the Wealth-tax Act, the following section shall be inserted, namely:-- 35GA. Power of Commissioner to grant immunity from prosecution (1) A person may make an application to the Commissioner for granting immunity from prosecution, if he has made an application for settlement under section 22C and the proceedings for settlement have abated under section 22HA. (2) The application to the Commissioner under sub-section (1) shall not be made after institution of the prosecution proceedings after abatement. (3) The Commissioner may, subject to such conditions as he may think fit to impose, grant to the person immunity from prosecution for any offence under this Act, if he is satisfied that the person has, after the abatement, co-operated with the wealth-tax authority in the proceedings before him and has made a full and true disclosure of his net wealth and the manner in which such net wealth has been derived: Provided that where the application for settlement under section 22C had been made before the 1st day of June, 2007(45 of 1980), the Commissioner may grant immunity from prosecution for any offence under this Act or under the Indian Penal Code or.....

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Limited Liability Partnership Act 2008 Section 55

Title: Conversion from Firm into Limited Liability Partnership

State: Central

Year: 2008

A firm may convert into a limited liability partnership in accordance with the provisions of this Chapter and the Second Schedule.

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Limited Liability Partnership Act 2008 Section 26

Title: Partner as Agent

State: Central

Year: 2008

Every partner of a limited liability partnership is, for the purpose of the business of the limited liability partnership, the agent of the limited liability partnership, but not of other partners.

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Limited Liability Partnership Act 2008 Section 27

Title: Extent of Liability of Limited Liability Partnership

State: Central

Year: 2008

(1) A limited liability partnership is not bound by anything done by a partner in dealing with a person if-- (a) the partner in fact has no authority to act for the limited liability partnership in doing a particular act; and (b) the person knows that he has no authority or does not know or believe him to be a partner of the limited liability partnership. (2) The limited liability partnership is liable if a partner of a limited liability partnership is liable to any person as a result of a wrongful act or omission on his part in the course of the business of the limited liability partnership or with its authority. (3) An obligation of the limited liability partnership whether arising in contract or otherwise, shall be solely the obligation of the limited liability partnership. (4) The liabilities of the limited liability partnership shall be met out of the property of the limited liability partnership.

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Limited Liability Partnership Act 2008 Section 29

Title: Holding out

State: Central

Year: 2008

(1) Any person, who by words spoken or written or by conduct, represents himself, or knowingly permits himself to be represented to be a partner in a limited liability partnership is liable to any person who has on the faith of any such representation given credit to the limited liability partnership, whether the person representing himself or represented to be a partner does or does not know that the representation has reached the person so giving credit: Provided that where any credit is received by the limited liability partnership as a result of such representation, the limited liability partnership shall, without prejudice to the liability of the person so representing himself or represented to be a partner, be liable to the extent of credit received by it or any financial benefit derived thereon. (2) Where after a partner's death the business is continued in the same limited liability partnership name, the continued use of that name or of the deceased partner's name as a part thereof shall not of itself make his legal representative or his estate liable for any act of the limited liability partnership done after his death.

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Limited Liability Partnership Act 2008 Section 32

Title: Form of Contribution

State: Central

Year: 2008

32. Form of contribution (1) A contribution of a partner may consist of tangible, movable or immovable or intangible property or other benefit to the limited liability partnership, including money, promissory notes, other agreements to contribute cash or property, and contracts for services performed or to be performed. (2) The monetary value of contribution of each partner shall be accounted for and disclosed in the accounts of the limited liability partnership in the manner as may be prescribed.

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Limited Liability Partnership Act 2008 Section 33

Title: Obligation to Contribute

State: Central

Year: 2008

(1) The obligation of a partner to contribute money or other property or other benefit or to perform services for a limited liability partnership shall be as per the limited liability partnership agreement. (2) A creditor of a limited liability partnership, which extends credit or otherwise acts in reliance on an obligation described in that agreement, without notice of any compromise between partners, may enforce the original obligation against such partner.

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Limited Liability Partnership Act 2008 Section 36

Title: Inspection of Documents Kept by Registrar

State: Central

Year: 2008

The incorporation document, names of partners and changes, if any, made therein, Statement of Account and Solvency and annual return filed by each limited liability partnership with the Registrar shall be available for inspection by any person in such manner and on payment of such fee as may be prescribed.

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Limited Liability Partnership Act 2008 Section 37

Title: Penalty for False Statement

State: Central

Year: 2008

If in any return, statement or other document required by or for the purposes of any of the provisions of this Act, any person makes a statement-- (a) which is false in any material particular, knowing it to be false; or (b) which omits any material fact knowing it to be material, he shall, save as otherwise expressly provided in this Act, be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine which may extend to five lakh rupees but which shall not be less than one lakh rupees.

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