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Kajaria Traders (India) Ltd. Vs. Foreign Import and Export Association
Mumbai
Jan-18-1960
Arbitration
Indian Partnership Act, 1932 - Sections 69, 69(1), 69(2), 69(3) and 69(4); Indian Companies Act, 1913; Indian Arbitration Act, 1940 - Sections 3, 8 and 8(2); Presidency-Towns Insolvency Act, 1909; Provincial Insolvency Act, 1920; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 1; Displaced Persons (Debts Adjustment) Act, 1951; Presidency Small Cause Courts Act, 1882 - Sections 19; Provincial Small Cause Courts Act, 1887
AIR1961Bom65; (1960)62BOMLR753
the determination of the questions following:--'Whether in view of the provisions contained in Section 69 of the Indian Partnership Act, 1932, the present petition is maintainable and what provisions should be made for the costs of the parties to … partnership between the petitioners and the respondents has not been registered under the provisions contained in the Indian Partnership Act, 1932. It is contended on behalf of the respondents that having regard to the provisions contained in Section 69
Tag this Judgment! AI Brief & AskK.C. Palanisamy, United Builders Consultants Vs. the Registrar of Firm ...
Chennai
Feb-07-2004
CompanyConstitution
Constitution of India - Article 226; The Companies Act, 1956; Partnership Act, 1932 - Sections 64; Tamil Nadu Partnership (Registration of Firms) Rules, 1951- Rule 7-A
AIR2004Mad375
Registrar of firms. It is further contended that on 19.11.2002, the petitioner inadvertently filed Form-V prescribed under the Partnership Act, 1932 (hereinafter called as the 'Act') instead of furnishing the particulars of the change of name of the firm, … to dissolution of the firm by invoking the powers conferred upon the registrar under Section 64 of The Partnership Act, 1932. The respondent by the impugned communication dated 10.9.2003 has rejected the request of the petitioner, which is challenged
Tag this Judgment! AI Brief & AskPochareddy Radhakrishna Reddy Vs. Gopalakrishna Rice Mill
Andhra Pradesh
Jan-24-2007
ContractProperty
Indian Partnership Act, 1932 - Sections 56, 69, 69(1) and 69(2); Presidency Towns Insolvency Act, 1903; Provincial Insolvency Act, 1920; Presidency Small Causes Courts Act, 1882 - Sections 19; Provincial Small Cause Courts Act, 1887; Code of Civil Procedure (CPC) - Sections 100
2007(5)ALD162
as hereunder:Whether the suit is maintainable in view of the bar imposed by Section 69(2) of the Indian Partnership Act, 1932? 3. The unsuccessful defendant in both the Courts below preferred the present second appeal. The respondent herein - … the plaintiff-firm and D.W.1 is the defendant in the suit.10. The bar of Section 69(2) of the Indian Partnership Act, 1932 in the context of the maintainability of the suit had been argued in elaboration and both Courts recorded
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Polaroid India Private Limited Vs. Nav Nirman Co. and ors.
Mumbai
Jan-12-2001
Company
Companies Act, 1956 - Sections 425, 433 to 483, 484 to 520, 522 to 527, 582, 583 and 590; Indian Partnership Act, 1932 - Sections 39, 40 , 41 and 44; Indian Companies Act, 1913 - Sections 271; Income Tax Act, 1961; Evidence Act, 1872 - Sections 91 and 92
2001(2)BomCR657; (2001)2BOMLR145; (2001)1CompLJ415(Bom)
an unregistered Company and will not therefore apply to a firm which is duly registered under the Indian Partnership Act, 1932. It has been sought to be contended that under Section 583 of the Act only an unregistered Company … only an unregistered Company may be wound up and the respondent which is duly registered under the Indian Partnership Act, 1932 is not an 'unregistered Company' within the meaning of the expression used in the Companies Act. 1956.3. It
Tag this Judgment! AI Brief & AskBombay Cotton Export Import Co. Vs. Bharat Suryodaya Mill Co. Ltd.
Mumbai
Feb-17-1958
Civil
Partnership Act, 1932 - Sections 57, 58, 59, 69 and 69(2); Indian Independence Act, 1947 - Sections 2 and 9; Adaptation of Laws Order, 1950 - Sections 28; Application of Laws Act; Government of India Act, 1935 - Sections 18(3); General Clauses Act, 1897
AIR1959Bom307; (1958)60BOMLR894; ILR1958Bom1351
at the date when the suit was instituted, the suit was barred by Section 69(2) of the Indian Partnership Act, 1932. 2. The plaintiffs carried on business in cotton in Karachi prior to the partition of India, The plaintiffs … in cotton in Karachi prior to the partition of India, The plaintiffs applied for registration under the Indian Partnership Act, 1932, to the Registrar of Firms at Karachi for registration of their firm stating that they were carrying on
Tag this Judgment! AI Brief & AskKerala Publicity Bureau Vs. Commissioner of Income-tax
Kerala
Jan-21-1993
Direct Taxation
Kerala Agricultural Income Tax Act, 1950 - Sections 20 and 27; Income Tax Act, 1961 - Sections 184; Indian Partnership Act, 1932 - Sections 13
[1993]200ITR366(Ker)
division in the above manner. Reliance was placed on the provisions contained in Section 13(b) of the Indian Partnership Act, 1932. It was contended by the assessee that, in the absence of a different profit sharing ratio stipulated in … Section 2(23) of the Income-tax Act, 1961, as having a meaning respectively assigned to them in the Indian Partnership Act, 1932. But, since Section 2 starts with the words, 'unless the context otherwise requires', according to learned counsel, reliance
Tag this Judgment! AI Brief & AskSurajmal Dagduamji, Shop Vs. Shrikisan Ramkisan
Mumbai
Jul-25-1972
Limitation
Code of Civil Procedure (CPC), 1908 - Sections 100; Limitation Act, 1908 - Sections 14; Partnership Act, 1932 - Sections 69; General Clauses Act, 1897 - Sections 3(22)
AIR1973Bom313; (1973)75BOMLR186; 1973MhLJ190
proceeding instituted in contravention or reckless disregard of the statutory provision viz. of Section 69 of the Indian Partnership Act 1932, cannot be considered to have been instituted in good faith or with due diligence. (4) The attention of … the four points canvassed in this second appeal on behalf of the Appellant.14. Section 69(2) of the Indian Partnership Act 1932, reads : 'No suit to enforce a right arising from a contract shall be instituted in any court
Tag this Judgment! AI Brief & AskTetali Chinna Krishna Reddy Vs. Konala Nagalakshmi and ors.
Andhra Pradesh
Feb-28-2006
Arbitration
Arbitration and Conciliation Act, 1986 - Sections 8 and 9; Indian Partnership Act, 1932 - Sections 34 and 44; Arbitration and Conciliation Act, 1996 - Sections 2(1), 8, 8(1), 11, 11(2), 11(3), 11(4), 11(5), 11(6), 11(7), 11(8), 11(10), 16, 16(2) and 16(3); Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 49
2006(4)ALD596; 2006(3)ARBLR575(AP)
any action regarding the suit shall be only through process of Court under Section 44 of the Indian Partnership Act, 1932. Though there is an arbitration clause mentioned in the partnership deed, still the jurisdiction of the Court is … representatives and successors.23. In all the matters not specifically provided for in this deed, the provisions of Indian Partnership Act, 1932 for the time being in force shall apply.12. It is also necessary to notice Sections 8, 11 and
Tag this Judgment! AI Brief & AskFirm Ashok Traders and anr. Etc. Vs. Gurumukh Das Saluja and ors. Etc.
Supreme Court of India
Jan-09-2004
Commercial
Indian Partnership Act, 1932 - Sections 69, 69(1), 69(2) and 69(3); Arbitration and Conciliation Act, 1966 - Sections 2(1), 9, 11, 17, 36 and 37(1); Code of Civil Procedure (CPC) - Order 40, Rules 1 to 4; Arbitration Act, 1940 - Sections 20
AIR2004SC1433; 2004(1)ARBLR141(SC); 2004(2)AWC949(SC); (2004)2CompLJ419(SC); 2004(2)CTC208; JT2004(2)SC352; 2004(3)MhLj592; 2004MPLJ266(SC); (2004)137PLR526; 2004(1)SCALE29; (2004) 3 SCC 155; MANU/SC/0026/2004
filed a civil suit which was held to be not-maintainable in view of Section 69(3) of the Indian Partnership Act, 1932; the name of Ajay Arora having not been shown in the Register of Firms as a partner of … : (1998)8SCC559 were also referred to.9. Section 9 of A & C Act, 1996 and Section 69 of Partnership Act, 1932 (relevant part thereof) provide as under:Arbitration and Conciliation Act, 19969. Interim measures by Court etc. -A party may,,
Tag this Judgment! AI Brief & AskBharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled
Gujarat
Apr-01-1968
Civil
Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)
AIR1969Guj178; (1969)GLR457
question as to the interpretation of the two mandatory conditions laid down in Section 69(2) of the Indian Partnership Act, 1932, hereinafter referred to as 'the Act,' in the context of a reconstituted firm by addition of a new … under which their business is carried on is called the firm name. See Section 4 of the Indian Partnership Act, 1932. Order 30, Rule 1 of the Code enables two or more persons claiming or being liable as partners
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