Court : Mumbai
Reported in : (1943)45BOMLR691
..... 1's contention is that having regard to section 69 of the indian partnership act, 1932, the plaintiff's suit is not maintainable. ..... i, therefore, hold that the plaintiff in filing this suit to recover damages for breach of a contract is exercising his right to realise the property of the dissolved firm of which he alleges he was a partner, and although that firm was not registered, he is not debarred from maintaining the suit under section 69 of the indian partnership act.7. ..... in any case if damages are realised for a breach of contract, these damages would undoubtedly become partnership property, and the whole scheme of sub-clause (a) of sub-section (3) which i am considering is to enable partners of a, dissolved partnership to realise all the assets of the dissolved firm. ..... under section 69, sub-section (3), sub-clause (b), of the indian partnership act, the power of the official assignee to realise the property of an insolvent partner is not affected by the prohibitions contained in sub-sections (1) and (2). ..... if the plaintiff's contention is to be accepted, it would then at least be possible for the partners who wished to enforce their claim to dissolve the partnership and file a suit as partners of a dissolved firm; but, according to the first defendant company, if the firm did not get itself registered for any reason whatsoever, its right to enforce a claim for damages became completely barred and under no circumstance could the partners maintain a suit of that nature. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H95
..... the counsel has in this connection drawn our attention to section 6 of the indian partnership act and submitted that in order to determine whether the requirements of this section are satisfied all facts proved on the record have to be considered ..... counsel has contended that the learned district judge had not kept to the forefront the essential requisites contained in section 6, indian partnership act, and, therefore, his finding was vitiated by an error of law. ..... , 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 or a deceased partner, as annuity, or (d) by a previous owner or part owner of thebusiness, as consideration for the sale of the goodwill or share thereof, does ..... suit was held to be within limitation on the ground that the defendant had acknowledged his liability to render accounts as per letters exhibits p. 3 to p. 6. ..... exhibit p.2 and exhibits p.3 to p.6 are, in my opinion, quite clear in showing admission of liability to account on the part of defendant no. 1. ..... to the court of first appeal, acknowledgment must be self-contained and no extrinsic evidence could be led to show that the acknowledgment related to the liability in question. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC877; 1998(2)ALLMR(SC)57; JT1997(10)SC174; 1997(7)SCALE640; (1998)2SCC171; [1997]Supp6SCR543
..... - where a firm is registered under section 59 of the act, the registrar shall issue a certificate in form 'h'.form 'a'application for registration of firms(see rule 3)we, the undersigned, being partners, hereby apply for registration as a firm and for that purpose supply the following particulars pursuant to section 58 of the indian partnership act, 1932 : --note 1. ..... in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or have been a partner in the firm, unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm :provided that the requirement of registration of firm under this sub-section shall not apply to the suits or proceedings instituted by the heirs or legal representatives of the deceased partner of a firm for accounts of a dissolved firm or to realise ..... it cannot be disputed that 'dissolution' and 're-constitution' are two distinct legal concepts, for, a dissolution brings the partnership to an end while a re constitution means the continuation of the partnership under altered circumstances but in our view in law there would be no difficulty in a dissolution of a firm being followed by the constitution of a new firm by some of the erstwhile partners who may take over the assets and liabilities of the dissolved firm.' 31. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2006Bom76; 2006(1)ALLMR417; 2006(1)BomCR36
..... the trial court concluded that the suit was barred by provisions of section 69 of the indian partnership act, 1932.2. ..... one must notice in this connection that the partnership act imposes no disability on the partner of an unregistered firm entering into contracts either with third parties or amongst themselves. ..... it was held by the division bench that the contract secured by this partner in his own name must be held to be for the benefit of the partnership and if the contract was given to b for a lesser amount, it was this erring partner who brought about the situation and therefore, would be liable for the same on account of his fraudulent conduct as such. ..... in my view, the suit filed by the plaintiff in the present case was a suit for recovery of damages for a misconduct committed by another partner by his act of forcible breaking the lock of the shop of the partnership firm and taking away certain articles lying therein. ..... on behalf of the petitioner, it was argued that the suit was maintainable and not barred by section 69 of the indian partnership act, as the plaint contained an averment that the defendant had fraudulently persuaded the plaintiff and other partners to form a partnership firm. ..... when a partner claims damages on the ground of the misconduct of his partner, what he really means is that the partner must make good the loss sustained by the partnership by his misconduct and the amount so brought into the partnership should be divided between the partners. .....
Tag this Judgment!Court : Chennai
Reported in : 2005(3)CTC308; (2005)2MLJ543
..... further, relying on section 37 of the indian partnership act, 1932, the learned counsel for the appellant would contend that no property is passed from the dissolved partnership firm since the property is only the customs licence which is in the name of deceased srinivasalu naidu and that the appellant, who is the surviving partner, need not to share the profit with the plaintiff and the other defendants, who are claiming share in the partnership firm as running concern.8. ..... further, the learned senior counsel would contend that as per sections 16 and 50 of the indian partnership act, 1963, the third defendant has to render accounts as held by the learned single judge and therefore, the original side appeal has to be dismissed.10. ..... the properties and valuing the b schedule properties and deliver her 1/4th share therein to the plaintiff;b) for directing the defendant to pay the marriage expenses of the unmarried plaintiff to be paid from out of the estate; andc) for directing the defendants 1 and 2 to render a true and proper account of the mesne profits from 'a' schedule and item 1 of the b schedule property and pay her 1/4th share therein.3. ..... , the entire discussion portion would automatically become operative and whatever be the findings of the learned judge in that portion shall bind the parties concerned and the parties concerned cannot shirk their responsibility or liability on the ground that the finding is not found place in the operative portion of the judgment.15. .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)102BOMLR201
..... the trial court framed various issues on 9.8.1996 and though there was no defence set up by the defendant in the written statement about the maintainability of the suit for want of registration of firm, in view of the provisions of section 69(2a) of the indian partnership act, 1932, which was obtaining on the date of framing of issues, the trial court framed issue no. ..... or conferred by this act shall be instituted in any court by or on behalf of any persons suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm :provided that the requirement of registration of firm under this sub-section shall not apply to the suits or proceedings instituted by the heirs or legal representatives of the deceased partner of a firm for ..... in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or have been a partner in the firm, unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm :provided that the requirement of registration of firm under this sub-section shall not apply to the suits or proceedings instituted by the heirs or legal representatives of the deceased partner of a firm for accounts of a dissolved firm or to realise .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (2004)89ITD387(Gau.)
..... section 16 of the indian partnership act, 1932, seeks to remedy precisely this kind of mischief, because, partner is an agent of the firm and he has to safeguard the best interest of the firm. ..... section 16 of indian partnership act, 1932, seeks to remedy precisely this kind of mischief, because the partner is an agent of the firm and he has to safeguard the best interest of the firm. ..... p & d traders in terms of specific provision of the partnership deed and section 16 of the indian partnership act, 1932.the profit from proprietary business m/s. ..... altron electronics has been made over to the firm in accordance with the provisions of section 16 of the indian partnership act, 1932, read with the clause 11 of the partnership deed of the firm m/s. ..... in other words, the partner in the main firm receives the income not only on his behalf but on behalf of the partners in the sub-partnership" whereas in the case before us there is no sub-partnership and the assessee has failed to satisfy any ingredient of section 16 of the indian partnership act, therefore this case is also distinguishable and not applicable to the facts of the assessee's case. 8.9. ..... from reading of section 16 of the indian partnership act we find that this section starts with "subject to contact between the partners". ..... so, before earning/accrual of income, the liability to account for and pay was attached to it. ..... 24,438/- as fictitious liability. .....
Tag this Judgment!Court : Allahabad
Reported in : [1978]115ITR858(All)
..... (23) firm, partner and partnership have the meanings respectively assigned to them in the indian partnership act, 1932 (ix of 1932); but the expression of partner shall also include any person who, being a minor, has been admitted to the benefits of partnership. ..... . when a minor attains majority and opts to remain in he becomes a full-fledged partner under the indian partnership act, but since he was already a partner within the meaning of i.t ..... .' (see : [1972]84itr233(all) ).under the indian partnership act a minor is admitted to the benefits of the partnership; he is not a partner ..... 30 of the indian partnership act, the instrument evidences that on the minor electing to remain a partner on his attaining majority he will be a partner. ..... . (14) on the death of a partner his legal representative was entitled to the same rights as have been specified in various clauses of the deed in relation to the retiring partner, provided that on the death of a partner the remaining partners may admit his successor legal representative as a new partn er on the same terms on which the deceased was a partner.it is obvious that the partnership deed does not provide for distribution of the shares in losses of the exiting partner in case the deceased partner is succeeded by a minor legal representative ..... . but this section, even by implication, does not create a fiction that the income derived by the old firm becomes the income of the reconsitituted firm ..... . none of the sections from ss .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad497; [1970]77ITR494(Mad)
..... firm, partner and partnership, says section 2(6b), have the same meanings respectively as in the indian partnership act and the expression 'partner' included a minor admitted to the benefits of the partnership. ..... indian partnership act by section 4, defines 'partnership' as 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 and that such persons collectively are called a firm and individually as partners. ..... these circumstances, to import the definition of the word 'person' occurring in section 3(42) of the general clauses act, 1897, into section 4 of the indian partnership act, will, according to lawyers, english or indian be totally repugnant to the subject of partnership law as they know and understand it to be."8. ..... for that purpose, there is nothing in section 3 which qualifies or in any way modifies the legal position of a firm or the principles applicable to it under the indian partnership act. ..... the assessees were partners in two firms -- kavukal estates and tuttapallam estates, which owned tea estates in the nilgiris ..... and the position in taking partnership accounts and administering partnership assets and the liabilities of the firm being regarded as the liabilities of the partners in certain circumstances. ..... income-tax, (1967) 64 itr 166 (mad) have been cited to us to show that the salary received by a partner from his firm had no nexus with the estate and that its immediate source was but his service. .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ512
..... section 44 (g) of the indian partnership act of 1932 provides for the court, at the suit of a partner, to dissolve a firm on any ground which renders it just and equitable that the firm should be dissolved ..... while it is unnecessary, having regard to the events that had happened in this case as will be pointed out presently, to discuss the question whether the male heirs of a deceased partner could specifically enforce the covenant in the partnership deed providing for their being taken in as partners when they were all minors at the crucial time, the provision in this regard is a factor to be taken into consideration in determining whether the partnership is terminable at will. ..... the trial court held that the good will and trade mark of the partnership are assets of the partnership shared by the deceased partner under whom the appellants claim and the other partner, the sixth defendant in the case who deed pending the appeal, the appellate court set as de this finding and declared the sixth defendant to be solely entitled to the trade mark and goodwill of the partnership. ..... the death of one of the original partners, the contract gave the male heirs of the deceased partner option to join in the partnership firm and continue in the business as partners. ..... there is a clear indication in the deed that the male heirs of the deceased partner should join in the firm that would be continued by the remaining partners, the amounts payable to them being credited to their account in the firm. .....
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