Judgment Search Results Home > Cases Phrase: indian partnership act 1932 section 54 agreements in restraint of trade Court: kolkata Page 1 of about 8 results (0.097 seconds)

Sunil Krishna Paul and Other Vs. Commissioner of Income-tax, West Beng ...

Court : Kolkata

Reported in : [1966]59ITR457(Cal)

..... it will appear from the order of the tribunal that there was no business within the meaning of section 4 of the indian partnership act as from the instrument of agreement it is apparently clear that the agreement was for merely sharing the income in definite proportion and, therefore, the relationship between the two applicants was no better than that of an 'association of persons'. ..... he has referred us to section 2(b) and section 4 of the indian partnership act, which runs as follows :'business includes every trade, occupation and profession. ..... it is indeed true that a right to participate in the profits of trade and business is a strong test of partnership, but in so far as the instant case is concerned, it has already been found that there is no business within the meaning of section 4 of the indian partnership act and accordingly such a test alone does not in any way advance the case of the applicants. ..... they may as such appoint staff for facility of faultless collection of profits but that by itself does not necessarily establish a partnership within the meaning of the partnership act, 1932. .....

Abdul Razaak Vs. MashiruddIn Ahmed

Court : Kolkata

Reported in : AIR1959Cal660,63CWN766

..... the suit--such accounts being directed to be taken by a commissioner, to be appointed for the purpose,--holding inter alia that the supply of 5 lacs 84 thousand and 8 hundred bricks, as made by the defendant, was on behalf of the partnership and out of the partnership assets, and, in any event, under sections 16 and 17 of the indian partnership act, the benefit of that supply also would enure to both parties and the defendant was liable to account for the same to the plaintiff. ..... the understanding being out of the way and there being nothing else to suggest that there was any contract to the contrary, section 16 of the indian partnership act would have full play and would entitle the plaintiff to the benefit of this disputed supply of 5 lacs 84 thousand 8 hundred ..... that the present suit should be held to be not maintainable and should be thrown out in limine upon the view that it was barred under section 69 of the indian partnership act, his specific argument being that the saying sub-section, namely, sub-section (3) to that section, did not apply to this case and could not protect the plaintiff's suit.5. ..... december, 22, 1949, the parties before us, who were the plaintiff and the defendant in the court below, entered into a partnership under an agreement, which is ext. ..... understanding, however, there is practically no reliable evidence and we have no hesitation in rejecting the said part of the defence story on the materials before us in agreement with the learned subordinate judge. .....

Sm. Lilabati Rana Vs. Lalit Mohan Dey and ors.

Court : Kolkata

Reported in : AIR1952Cal499

..... reliance is placed in this connection on the provisions contained in section 43 of the indian partnership act, 1932, which is in the following terms:'43. ..... behari', : air1934cal444 but there is no reference in this case to the requirements under section 43 of the indian partnership act, as also whether that section controls all other kinds of dissolution, as provided for in the other sections in this chapter of the indian partnership act. ..... contends that unless a notice in writing is served on all the other partners, a suit brought by a partner for dissolution of the partnership, even on any of the grounds mentioned in section 44 of the indian partnership act would not be competent.8. ..... court is required to examine the facts of the present case for determining whether the partnership, if it exists, is required to be dissolved, and if so, under which particular provision of the various sections in chapter vi of the indian partnership act.15. ..... was that the suit, as framed, was not maintainable, as the notice purported to have been served on the 2nd may 1943, was a verbal one which did not satisfy the conditions required under section 43 of the indian partnership act. ..... section 40 refers to dissolution by agreement, and section 41 to compulsory ..... such a contract however, is dissolved on the death of one member of that partnership, and those persons who reconstitute by mutual agreement after the death or retirement of one of the partners will constitute the members of the partnership.16. .....

Pannalal Paul and ors. Vs. Sm. Padmabati Paul and ors.

Court : Kolkata

Reported in : AIR1960Cal693,64CWN816

..... sen next contends that the award is in contravention of sections 46 and 48 of the indian partnership act inasmuch as the entire assets of the dissolved firms have been allotted to the appellants without providing for payment of the liabilities of the dissolved firms out of the assets in the first instance and that consequently ..... she complained that her rights under section 48 of the indian partnership act had been infringed. ..... require, the court has the power to direct that the properties be allotted to the partner who is willing to take them at a valuation fixed by the court and that the proceeds be applied for the purposes mentioned in section 46 of the indian partnership act. ..... partner has the right as against the other partners to insist that the assets of the dissolved firm be applied in accordance with the provisions of sections 46 and 48 of the indian partnership act. ..... section 48 of the indian partnership act provides for the mode of settlement of accounts between the partners and for the order of the application of the assets of the firm on its ..... by section 46 of the indian partnership act, on the dissolution of the firm, every partner is entitled, as against all the other partners, to have the property of the firm applied in payment of the debts and liabilities of the firm, and to have the surplus ..... the appellants may now agree to carry on the two businesses in copartnership and if they do so, a new partnership will be created, not by the award, but by the agreement. mr. .....

A.B.P. Pvt. Ltd. Vs. Mrs. Jyoti JaIn and anr.

Court : Kolkata

..... on the query from the court as to the effect of no notice contemplated under section 45 of the indian partnership act, 1932 read with section 72 thereof, he submits that, the evidence on record does not disclose a public notice contemplated under the provisions of the indian partnership act, 1932 to have been issued by his client. ..... therefore, by dint of the provisions of section 45 of the indian partnership act, 1932, the plaintiff continues to remain liable as a partner of the dissolved partnership firm in absence of the public notice. ..... the defence of the defendant no.1 that, the dissolution of the partnership firm on november 1, 2000 with her coming out of the partnership does not help her in view of section 45 read with section 72 of the indian partnership act, 1932. ..... there is no evidence on record to show that, a public notice contemplated under section 45 and 72 of the indian partnership act, 1932 was issued by the defendant no.1. ..... section 45 of the indian partnership act, 1932 requires a partner of a dissolved partnership firm to issue public notice with regard to 3rd parties transacting with the partnership. ..... section 72 lays down the manner and mode of publication of public notice contemplated under section 45 of the indian partnership act, 1932. ..... on the issue of section 45 of the indian partnership act, 1932 he refers to volume 74 company cases page 407 (mayo pharmacy versus aboobacker haji).he relies upon paragraph- 8 thereof. ..... there is no agreement as to interest. .....

Steel Authority of India Ltd. Vs. Durga Crane and anr.

Court : Kolkata

Reported in : (2003)2CALLT122(HC)

..... been duly considered by the learned arbitrator who relied on the tender form itself and also on the provisions of section 47 of the indian partnership act, 1932, to come to a finding that even if the partnership firm stood dissolved on account of the letter written by shri bansal on 6th february, 1992, the authority of each partner to bind the firm and other mutual rights and obligations of the ..... stand scrutiny in view of the fact that the petitioner company had not been formerly informed that the partnership had been dissolved giving rise to a situation contemplated in section 47 of the indian partnership act, 1932. ..... the learned arbitrator has considered both the questions in detail in the light of section 47 of the partnership act and these appears to be no reason to disagree with his findings and observations ..... in term of the partnership agreement, shri arun kumar bansal gave notice of his intention to sever connection with the partnership firm and retire therefrom with effect from 1st october, 1991, and informed shri goel accordingly by his letter of 1st october, 1992, and subsequent letter of 6th ..... learned arbitrator ought to have dismissed the claim of the respondent firm and clearly committed a legal misconduct in holding that the partnership firm had locus standi to invoke the arbitration agreement and to make a reference to arbitration and to also file a statement of claim.12. mr. ..... subsequently, a formal agreement in writing was executed between the parties on/or about .....

The Registrar of Firms, Societies and Non-trading Corporations and anr ...

Court : Kolkata

..... at the time of hearing of the application before the learned single judge, it was argued on behalf of the appellants that under the provision of section 4 of the indian partnership act, 1932 unless a firm had started carrying on business, the same could not be registered and in the present case the undisputed position being that the writ-petitioners have not yet obtained ..... mandamus-appeal is at the instance of the registrar of firms, societies and non-trading corporations, west bengal, and is directed against an order dated 28th october, 2009 passed by a learned single judge of this court by which his lordship disposed of the writ-application by directing the appellants to grant registration of the partnership firm of the writ-petitioners within a fortnight from the petitioners' compliance with the ..... we should bear in mind that partnership is the relation among partners created by agreement and the object of section 58 of the act is to register such agreement by keeping note of the particulars of the agreement arrived at by the parties for the benefit of the partners as well as third parties who propose to deal with ..... it appears that the writ-petitioners prayed for a direction upon the appellant to register their partnership firm, named, 'sri hari trading company' on the allegation that in spite of complying with all the formalities required under law, the registering authority was not granting registration of the firm which was desirous of carrying on business in foreign liquor .....

M/S. S.G. TIn Printers Private Ltd. Vs. R.P.F. Commissioner and ors.

Court : Kolkata

Reported in : (2000)3CALLT364(HC),[2001(88)FLR844],(2001)ILLJ628Cal

..... the only question which, therefore, arises for consideration in this appeal is as to whether such partners who were getting salaries would be employees within the meaning of section 2(9) of the said act, section t3(a) of the indian partnership act, 1932, inter alia, provides that subject to contract between the partners, a partner is not entitled to receive remuneration for taking part in the conduct of the business. ..... sanyal that for the purpose of the provisions of the said act, or otherwise, a partner cannot be said to be an employee of the partnership firm having regard to the provisions of the indian partnership act, in as much as, it is a well settled principles of service jurisprudence that a person cannot both be an employer and employee at the same time. ..... it is a well settled principles of law that the writ court exercises only judicial restraint in the matter of entertaining writ application, when an alternative remedy is available, but the court usually does not throw out a writ application on the ground of availability of an alternative remedy when a question arises as regards jurisdiction of the ..... thus, although in the absence of an agreement to that effect, one partner cannot charge his co-partners with an sum for compensation, whether in the shape of salary, commission, or otherwise, on account of his own trouble in conducting the partnership business; but there can be an agreement to the contrary. ..... registrar of trade marks, bombay & ors. .....

Bejoy Kumar Bose and ors. Vs. the Traffic Manager, Calcutta Port Trust ...

Court : Kolkata

Reported in : (1994)1CALLT108(HC)

..... the learned trial judge has taken the view that section 58 of the indian partnership act in no uncertain terms provide that any intimation of change of constitution or reconstitution of the firm shall have to be effected by the signature of all the partners themselves or their agents specialy authorised in that regard. ..... the learned counsel for the appellants has strenuously argued that in view of the presumption raised under section 68(2) of the indian partnership act, the appellants have been able to prove that the appellant no. ..... mahadeb,ghosh has submitted that under section 68(2) of the indian partnership act, a certified copy of an entry relating to a firm in the register of firms may be produced in proof of the fact of the registration of such firm and of the contents of any statements, intimation or notice recorded or noted therein. ..... according to the appellants, when any partner relinquishes his share or any part or portion of his share in favour of a new partner, such a relinquishment need not be registered under the indian partnership act. ..... the entry in the register of firms under sub-section (2) of section 68 of the partnership act cannot per se take away the right and/or interest of any partner. ..... section 58 of the partnership act deals with application for registration of a firm. ..... section 68 of the partnership act deals with rules of evidence. .....

Mahadeodas and ors. Vs. Gherulal Parakh and ors.

Court : Kolkata

Reported in : AIR1958Cal703

..... as was pointed out by their lordships, the sections referred to partnership in the indian contract act have been repealed and are now embodied in the indian partnership act, 1932.17. ..... opinion that such and such a provision is bad because it is contrary to public policy; but i deny that any court can invent a new head of public policy; so a contract for marriage brokerage, the creation of a perpetuity, a contract in restraint of trade, a gaming; or wagering contract, or, what is relevant here, the assisting of the king's enemies, are all undoubtedly unlawful things; and you may say that it is because they are contrary to public policy they are unlawful ..... an agreement to enter into agreement by way of wager will be void only if the object of consideration is unlawful within the meaning of section 23 of the indian contract act. ..... section 30 of the indian contract act makes agreement by way of wager void and further provides that no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to any person to abide the result of any game or other uncertain event on which any ..... the agreement was clearly to form a partnership and the evidence leaves no doubt that the partnership did business in forward contracts with the hapur firm.13. ..... lastly he held that the contracts with the hapur firms were wagering contracts, that the agreement to enter into such contracts were void, 'as the object was forbidden by law and opposed to public policy'. .....