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Feb 19 1962

Mohanlal Hargovindas Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Feb-19-1962

Subject : Sales Tax

Acts : Constitution of India - Articles 245, 286(1) and 286(2); Sales Tax Laws Validation Act, 1956 - Sections 2; Madhya Pradesh Sales Tax Act, 1947 - Sections 2, 4, 4(6), 8, 8(3), 11A, 22(4) and 27A; Central Provinces and Berar Sales Tax Act, 1947

Reported in : AIR1962MP245

Article 132 of the Limitation Act applied to suits for sale by holders of simple mortgages and the Public Suits Validation Act (XI of 1932) which provided for the restoration of suits dismissed on a particular interpretation of Section 93 … the turnover of certain transactions made during those periods, which were said to be liable to tax under Section 4(6) of the Central Provinces and Berar Sales Tax Act, 1947 (hereinafter, called the Act) but were not taxed

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Jul 12 1943

Sushil Kumar Bose Vs. Emperor

Court : Kolkata

Decided on : Jul-12-1943

Subject : Criminal

Reported in : AIR1943Cal489

it puts an end to the Courts and gives an indemnity for acts done therein and thereunder. The Public Suits Validating Act, 1932, may also be looked at in this connection.15. It is interesting to note that nowhere … Sections 2, 4 and 5 of the Ordinance are quite clear. Section 2 repeals ordinance 2 of 1942. Section 4 declares the pending proceedings under ordinance 2 of 1942 to be void and provides for the cases pending … the effect of Section 3 of the Ordinance is to legalize and validate what has been done by the special Courts both as to conviction

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Jun 13 2008

People Charity Fund and ors. Vs. K. Raghava Reddy and Associates

Court : Karnataka

Decided on : Jun-13-2008

Subject : Trusts and Societies

Acts : Income Tax Act, 1961 - Sections 230A; Indian Partnership Act, 1932 - Sections 69 and 69(2); Indian Trusts Act, 1882 - Sections 46 to 48; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 3, Rules 4 and 6 - Order 22, Rule 10 - Order 23, Rule 3 - Order 41, Rules 5 and 25

Reported in : 2009(3)KarLJ562; 2009(1)AIRKarR367; AIR2009NOC871(D.B)

who was the creator and author of the 1st defendant-trust, which was created for the benefit of general public. The suit property consists of a residential house and a vacant site bearing Municipal Nos. 27, 27-B, 27-C, … is a charitable trust. The defendants 2 to 4 are the trustees. The suit scheduled property was … 1987 passed by the XVIII Additional City Civil Judge, Bangalore.2. The aforesaid suit was instituted by the respondent herein to enforce the agreement of sale … the agreement of sale? If one of the co-trustees, for legal and valid reasons, is not willing to the compromise petition, the Court cannot compel … and thereafter framed the following two additional issues:(1) Whether the plaintiff is a firm registered under the Partnership Act, 1932?(2) Whether the suit is barred by Section 69(2) of the Partnership Act, 1932?The Division Bench further held that

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Aug 31 2012

M/S. Bombay Trading Co. Vs. M/S. Jai Santoshi Maa Enterprises

Court : Mumbai

Decided on : Aug-31-2012

Subject : Land Acquisition

provisions of Order XXX of the Code of Civil Procedure, 1908 and Section 4 of the Indian Partnership Act, 1932 in the case of PurushottamUmedbhai and Co. vs. Manilal and Sons (AIR 1961 SC 325)has dealt with similar … 5th May, 2010 has been filed alongwith the plaint and the original whereof was verified by the Notary Public who had attested his signature on the plaint and affidavit in support. (b) It is not necessary to … the introduction of O. XXX in the Code of Civil Procedure apparently suits were instituted, particularly in the Mofussil courts, in the name of a … Plaintiff on the other hand submits as under:- “(a) The suit is validly filed by the authorized signatory of the Plaintiff. All the partners had

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Jan 15 1981

Firm Ram NaraIn Damodar Dass Malpani and ors. Vs. Trilokidas and ors.

Court : Rajasthan

Decided on : Jan-15-1981

Subject : Contract

Reported in : 1981WLN103

of a business carried on by them or one of them acting for both, (see Section 4, Partnership Act., 1932 which defines the expression 'Partnership') An agreement of partnership necessarily implies one person giving a promise to the … Sakalchand v. Mc homed Nasuruddin AIR 1918 Mad 1124 arose out of suits brought by the respective plaintiffs therein for breach of contract by the … of 1939) as published in the Jaipur Gazette Extraordinary, dated September 12, 1939, and pointed out that this publication is confined merely to the modifications made by the council of State, Jaipur, in the Defence of India … of India Ordinance in the Jaipur territory George Lambercier could not be validly declared as an enemy in the Jaipur territory, that in fact he

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Aug 31 2012

M/S. Bombay Trading Co. Vs. M/S. Jai Santoshi Maa Enterprises

Court : Mumbai

Decided on : Aug-31-2012

Subject : Land Acquisition

provisions of Order XXX of the Code of Civil Procedure, 1908 and Section 4 of the Indian Partnership Act, 1932 in the case of PurushottamUmedbhai and Co. vs. Manilal and Sons (AIR 1961 SC 325)has dealt with similar … 5th May, 2010 has been filed alongwith the plaint and the original whereof was verified by the Notary Public who had attested his signature on the plaint and affidavit in support. (b) It is not necessary to … the introduction of O. XXX in the Code of Civil Procedure apparently suits were instituted, particularly in the Mofussil courts, in the name of a … Plaintiff on the other hand submits as under:- “(a) The suit is validly filed by the authorized signatory of the Plaintiff. All the partners had

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Apr 08 1982

Chinthalacheruvu Chenchamma and ors. Vs. the District Collector, Nelor ...

Court : Andhra Pradesh

Decided on : Apr-08-1982

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 3-A, 4, 5-A, 17 and 17(2)

Reported in : AIR1982AP445

and draft declaration were submitted to the District Collector for approval and publication. Notification under Section 4(1) and 6 of the Land Acquisition Act were … lands are situate very near the main road and the Harijanawada, quite suitable and fit for house sites and the beneficiaries were also willing to … of the Act. If the action taken is valid under the Act, it does not become invalid … village.or (b) any godown for any society registered or deemed to be registered under the Madras Co-operative Societies Act, 1932,or (c) any dwelling house for the poor,or (d) any irrigation tank, irrigation or drainage channel or any well,or … counsel for the petitioners has made the following submissions:(1) The District Collector did not make the notification under Section 4(1) of the Land Acquisition Act. (2) There was no need to revive the proposal to acquire the lands

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Feb 02 1979

Jaiwant Kumar JaIn Vs. Santosh Devi and ors.

Court : Delhi

Decided on : Feb-02-1979

Subject : Tenancy

Acts : Transfer of Property Act, 1882 - Sections 111

Reported in : 16(1979)DLT17

is a compendious name of the partners constituting the firm. According to Section 4 of the Indian Partnership Act, 1932, persons who have entered into partnership with one another are called individually 'partners' and collectively 'a firm'. It … 1965 Durga Prasad died. On 2nd August? 1966 the heirs of Lala Durga Prasad sent a notice (Ex. Public Witness . 3/11) to the firm M/s. Mohinder Pal Jain & Co. (i.e. to the appellant and respondent … and it is deemed to be dated 4th October, 1976. (2) A suit was instituted by the plaintiff-appellant in 1968 against Mohinder Pal Jain, his … J. while discussing implied surrender states : ' Such a surrender is valid under S. 111(f) of the Transfer of Property Act. Such a surrender

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Nov 24 1967

Chandra Mohan Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Nov-24-1967

Subject : ServiceConstitution

Acts : Constitution of India - Articles 233, 233(1), 233A and 309; Uttar Pradesh Higher Judicial Service Rules, 1953; Constitution of India (20th Amendment) Act - Articles 141, 142, 142(1) and 144

Reported in : AIR1969All230

of the law must be restored and retried. Section 31 (2) of the Limitation Act, 1908, and the Public Suits Validation Act (11 of 1932) are such instances. Debt relief legislation in the various provinces provided even for the reopening … direct recruitment. At the first selection by direct recruitment which was held in 1953, respondents 2, 3 and 4 were appointed as Civil and Sessions Judges. Eight persons, namely, respondents Nos. 5 to 12, were appointed as

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Nov 29 1994

Smt. Antoneta Cicilia Fernandes Vs. Smt. Rita Maria Fernandes and ors.

Court : Mumbai

Decided on : Nov-29-1994

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 15 and 50

Reported in : 1996(3)BomCR10

civil liability. For that purpose the learned counsel has placed reliance on section 4 of the Indian Partnership Act, 1932 which gives the definition of partnership as a relation between persons who have agreed to share the profit … respect of their properties. 1097: Such contracts shall not be valid, unless they are recorded by way of public deed. 1098: In the absence of any contract, it is deemed that the marriage is done as per … with executions but really is a part of the provisions relating to suits against firms contained in Order XXX and must be viewed alongside to … fit in respect of their properties. 1097: Such contracts shall not be valid, unless they are recorded by way of public deed. 1098: In the

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