Advanced Search Results

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : 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)

Reported in : AIR1969Guj178; (1969)GLR457

41, 42, 43, 44 58, 59, 60, 61, 62, 63, 63 (1), 69 (2) and 69 (3) of Partnership Act, 1932, Sections 86 and 87B and Order 30 Rules 1, 1 (1), 1 (2), 2, 2 (1), 2 (2), 2 … on behalf of Messrs. Chaturbhujdas Kharawala Mohatta and Company hereinafter referred to as 'the new managing agents', on 31st July 1950. On 1st August 1950 a notice was issued by the secretary for sanctioning the said scheme

The Additional Commissioner of Income-tax, (Andhra Pradesh, Hyderabad) ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 170, 187, 187(1), 187(2), 188 and 189; Partnership Act, 1932 - Sections 4 and 42; Income-tax Act, 1922 - Sections 26, 26(1) and 297

Reported in : [1977]110ITR468(AP)

says that the words 'firm,' 'partner' and 'partnership' have the meanings respectively assigned to them in the Indian Partnership Act, 1932 (9 of 1932); but the expression 'partner' shall also include any person who, being a minor has been … on receipt of application for registration or renewal of registration and S. 186 deals with cancellation of registration. Sections 187, 188 and 189 are in the part of Chap. XVI, which is designated as Part-C with the … period 1-4-1968 to 17-8-1968 and the other for the period 18-8-1968 to 31-3-1969. It may be mentioned that the business of the old firm was

Commissioner of Income-tax Vs. Sagar Mal Shambhoo Nath

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(31), 4(A), 5, 5(2), 70, 143, 144, 159(3), 159(6), 170, 182, 183, 184, 184(7), 184(8), 187, 187(1), 187(2), 188, 189 and 256(1); Partnership Act, 1932 - Sections 3, 4, 23, 26, 30, 31 to 38, 39 to 55; Taxation Laws (Amendment) Act, 1984; Predecessor Indian Income Tax Act, 1922 - Sections 23, 23(5), 25(1), 25(4), 26, 26(1), 26(2), 28 and 44; Taxation Laws (Amendment) Act, 1987; Income Tax Law

Reported in : (2006)203CTR(All)167; [2008]296ITR440(All)

aforesaid Sections of the 1961 Act, it may be useful to examine the relevant provisions of the Indian Partnership Act, 1932 (hereinafter referred to as the 'Partnership Act'). Section 4 defines 'partnership' as the relation between persons who have … which the business is carried on is called the 'firm name'. Chapter V of the Partnership Act, containing Sections 31 to 38 deals with incoming and outgoing partners. Section 31 of the Partnership Act provides that subject to

P.N. Sarmah Vs. Commissioner of Income-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(23), 184, 185 and 186; Indian Partnership Act, 1932 - Sections 30 and 30(5)

becomes also a partner in the firm, in accordance with the provisions of Section 30(5) of the Indian Partnership Act, 1932, the share of all the then partners shall be 20% both in profit as well as in loss … deed shall accordingly apply to him also.The minor attained majority on August 31, 1967. The Income-tax Officer, hereinafter referred to as ' the ITO ', … question let us turn to the relevant provisions of the Act dealing with the registration of firms, namely, Sections 184 and 185 of the Act. On a scrutiny of the provisions we note that the strictness imposed

A.D. Jayaveerapandia Nadar and Co. and ors. Vs. Income-tax Officer

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(23), 2(31) and 277; Indian Partnership Act, 1932 - Sections 4

Reported in : [1975]101ITR390(Mad)

Section 2(23) of the Act adopts the definition of 'firm', 'partner' and 'partnership' as defined in the Indian Partnership Act, 1932. Section 4 of the Partnership Act, 1932, is as follows ;' 'Partnership' is the relation between persons who … in presenting the facts of the case and elucidating the subtleties of law. Direct Taxation - conviction - Sections 2 (23), 2 (31) and 277 of Income Tax Act, 1961 and Section 4 of Indian Partnership Act,

Commissioner of Income Tax Vs. Palakunnathu Traders

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 170, 187 and 188

Reported in : (2004)186CTR(Ker)343; [2004]269ITR322(Ker)

Tribunal. The Department carried the matter before the Supreme Court and contended that Section 42 of the Indian Partnership Act, 1932, which stipulated, inter alia, that subject to contract between the partners, a firm is dissolved with the death … Court held that Section 187 of the IT Act applied only when a firm is reconstituted as per Sections 31 and 32 of the Indian Partnership Act, but when a firm is dissolved either by agreement of the

Rita Shaw and ors. Vs. Dipendra Lal Shaw and anr.

Court : Kolkata

Subject : Excise

Acts : Transfer of Property Act, 1882 - Section 14; ;Indian Trusts Act - Section 6; ;Bengal Excise Act - Section 86; ;Partnership Act, 1932 - Sections 31 and 42; ;Bengal Excise Act, 1909; ;Income Tax Act - Section 185; ;Bengal Excise Rules - Rules 207, 208 and 209; ;Hindu Law

Reported in : 2006(4)CHN414

death of their father, the partnership firm stood automatically dissolved under the provisions of Section 42 of the Partnership Act, 1932, and they are entitled to have the assets of the firm distributed among themselves, being the heirs of … and marked 'Exhibit 5' runs contrary to law, being hit by the rule against perpetuity, as contained in Section 14 of the Transfer of Property Act, 1882. It is also the case of the plaintiffs that exclusion … plaintiff No. 3 and the defendant and the land in dag Nos. 3175 and 3176 also stand in his name. The rest of the land

Central Bank of India Vs. Tarseema Compress Wood Manufacturing Company ...

Court : Mumbai

Subject : Banking

Acts : Evidence Act, 1872 - Sections 3; Indian Contract Act, 1872 - Sections 25; Negotiable Instruments Act, 1881 - Sections 118; Partnership Act, 1932 - Sections 31(2); Banking Regulation Act, 1949 - Sections 21; Code of Civil Procedure (CPC), 1908 - Sections 34

Reported in : AIR1997Bom225; 1997(2)BomCR267

per agreement between the parties.;Corporation Bank v. D.S. Gowda (1994) 5 SCC 230 distinguished and held not applicable.;Indian Partnership Act, 1932 Section 31(2) - Newly inducted partner - Admission of past debt of the firm - Jointly and seve … managing the firm. This is no evidence at all to rebut the presumption available to the plaintiff under Section 118 of the Negotiable Instruments Act. At the time of arguments, the learned Counsel for the defendants fairly

Smt. Usha Gopirathnam W/O Shri Gopirathnam, Vs. Shri P.S. Ranganathan, ...

Court : Karnataka

Subject : Contract

Acts : Code of Civil Procedure (CPC) - Sections 11; Transfer of Property Act - Sections 52; Evidence Act; Indian Partnership Act, 1932 - Sections 3, 4, 5, 6, 11, 12 to 17, 24, 31, 32, 36, 42, 48, 52, 55, 63 and 69; Karnataka Stamp Act, 1957 - Sections 25, 33, 35 and 59; Partnership Act 1890 - Sections 1(1); Limitation Act, 1980

Reported in : 2008(3)AIRKarR291; AIR2008NOC2137; 2008AIHC2457(Kar); 2008(5)KLJ220

it is not a notice at all having regard to the provisions of Section 32 of the Indian Partnership Act, 1932 (for short the 'Partnership Act). In order to reinforce his submission that Gopirathnam did not retire from the … court in the case of Commissioner of Income Tax v. G.S. Mills AIR 1366 SC 24. Having considered Sections 31 and 42(c) of the Partnership Act, the Apex Court answered the question concerning the heir of the deceased

M/S Universal Promoters & Developers & Ors vs Government of Nc ...

Court : Delhi

Subject : Education

from 31.03.2006 and as such she lacked the capacity to apply as a partner for registration under the Partnership Act, 1932. The above facts clearly reveal that there was a concealment of the facts. Further there is a concealment … of the IPA. It was contended that as per Rule 3, the documents submitted to the Registrar under Sections 58 and 60 of the IPA would be in Forms- I and II respectively, annexed to the said