Court : Mumbai
..... in my view the majority arbitrators thus could not have applied the provisions and/or principles of indian partnerships act, 1932 to those four limited liability partnerships formed and registered under the provisions of limited liability partnerships act, 2008 and to a private limited company. 77. ..... under section 3 of the limited liability partnerships act, 2008 a limited liability partnership is a body corporate incorporated under the provisions of the said act is a separate legal entity separate from that of its partners and has perpetual succession. ..... 2 and 3 to prevent those limited liability partnerships and other partners from exercising their rights and powers under the provisions of limited liability partnerships act, 2008 which is not permissible in law. 78. ..... no interim measures could be passed against those limited liability partnerships and other partners of whatsoever nature against them directly or indirectly which would impose any restriction against them from exercising their rights and powers available to them under the provisions of limited liability partnerships act, 2008 or as shareholders of the said private limited company. ..... it is not in dispute that those four partnership firms are limited liability partnerships and are body corporates and are registered under the provisions of limited liability partnerships act, 2008. .....
Tag this Judgment!Court : Supreme Court of India
..... in exercise of powers conferred by section 212(1)(c) of the companies act, 2013 ( 2013 act , for short) and under section 43(2) and (3)(c)(i) of the limited liability partnership act, 2008 ( 2008 act , for short), the central government vide order no.07/115/2018/cl-ii (nwr), directed investigation into the affairs of adarsh group of companies and llps ( the group , for short) by officers of serious fraud investigation (sfio) as nominated by ..... and whereas the central government is also empowered to order investigation into the affairs limited liability partnerships (llps) under section 43 (2) & (3) (c) (i) of the limited liability partnership act, 2008.3. ..... its creditor, partners or any other person, or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive or unfairly prejudicial to some or any of its partners, or that the limited liability partnership was formed for any fraudulent or unlawful purpose; or (ii) that the affairs of the limited liability partnership are the in accordance with not being conducted provisions of this act, or (iii) that, on receipt of a report of the registrar or any other investigating or regulatory agency, there are sufficient reasons that the affairs of the .....
Tag this Judgment!Court : Delhi
..... light hospitality llp, a limited liability partnership, who had on 13.05.2016 taken over and acquired rights and liabilities of m/s sky light hospitality private limited upon conversion under the limited liability partnership act, 2008, has filed the present writ petition impugning notice dated 30.03.2017 for the assessment year 2010-11 under sectionof the income tax act, 1961 ( act for short).2.... ..... position is that this company had ceased to exist and was dissolved upon conversion into a limited liability partnership as per section 56 of the limited liability partnership act, 2008 with effect from 13.05.2016.11. ..... the return for the assessment year 2010-2011, was converted into limited liability partnership on 13.05.2016 under the limited liability partnership act, 2008. ..... as m/s sky light hospitality llp having converted into llp from company on 13.05.2016 under limited liability partnership act, 2008. (b). ..... private limited company into a limited liability partnership with effect from 13.05.2016 was noticed and mentioned in the tax evasion report, the reasons to believe recorded by the assessing officer, the approval obtained from the principal commissioner and the order under section 127 of the act. ..... legal position is that the said company had ceased to exist and had been converted into a limited liability partnership, a factum recorded in the tax evasion report, the reasons to believe, the approval granted by the principal commissioner and the order under section 127 of the act. .....
Tag this Judgment!Court : Delhi
..... the objection by the plaintiff; (v) though the plaintiff represented that its objection had not been considered but the registrar of companies, being the authority under which an llp is registered under section 15 of the limited liability partnership act, 2008 has not acted thereon owing to the matter being sub judice in this court; (vi) that class 35, in which the mark of the plaintiff is registered, includes business management, business administration and business management, which are very wide ..... during the hearing, on my asking the procedure for registration of a limited liability partnership, my attention was drawn by the senior counsel for the plaintiff to section 15 of the limited liability partnership (llp) act, 2008. ..... (2) no limited liability partnership shall be registered the central the opinion of by a name which, government is in (a) undesirable; or (b) identical or too nearly resembles to that of any other partnership firm or limited liability partnership or body corporate or a registered trade mark, or a trade mark which for registration, of any other person under the trade marks act, 1999 (47 of 1999) . ..... thereunder, de hors the trade marks act, there is a bar to registration of llp by a name which is undesirable and/or which is identical or too nearly resembles to that of any other partnership firm or limited liability partnership or body corporate or a trade mark or even a trade mark subject matter of an application for registration as defined therein. .....
Tag this Judgment!Court : Supreme Court of India
..... . definitions in this code, unless the context otherwise requires, - *** (7) "corporate person" means a company as defined in clause (20) of section 2 of the companies act, 2013 (18 of 2013), a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2 of the limited liability partnership act, 2008 (6 of 2009), or any other person incorporated with limited liability under any law for the time being in force but shall not include any financial service provider; (8) "corporate debtor" means a corporate person who owes a debt to any person; *** (10) "creditor" means any ..... person to whom a debt is owed and includes a financial creditor, an operational creditor, a secured creditor, an unsecured creditor and a decree-holder; (11) "debt" means a .....
Tag this Judgment!Court : Delhi
..... this question tests the knowledge of a candidate in respect of the limited liability partnership act, 2008 which, admittedly, was not part of the syllabus ..... coming into force of the limited liability partnership act, 2008: (1) the indian partnership act, 1932 stands repealed ..... . (4) the limited liability partnership act, 2008 is applicable to only metropolitan cities as defined therein and the indian partnership act, 1932 continues to apply to the rest of the ..... provisions of the indian partnership act, 1932 ipso facto apply to limited liability partnerships (llps) also ..... their power of expression and flair in english, (3) their knowledge of objective type legal problems and their solutions covering: (i) the constitution of india, (ii) code of civil procedure, (iii) code of criminal procedure, (iv) indian penal code, (v) contract act, (vi) partnership act, (vii) principles governing arbitration law, (viii) evidence act, (ix) the specific relief act and (x) the limitation act ..... power of expression and flair in english, their knowledge of objective type legal problems and their solutions covering the constitution of india, code of civil procedure, code of criminal procedure, indian penal code, contract act, partnership act, principles governing arbitration law, evidence act, the specific relief act and the limitation act. 4. ..... same time, since no public notice was given of the change-over in the partnership, cs liability to third parties for acts done by the firm after his retirement would continue .....
Tag this Judgment!Court : Supreme Court of India
..... the limited liability partnership act, 2008 ..... . union of india, (1959) 1 scr123 5 for instance recognition of a limited liability partnership, which was not recognized any legal status till recently)61 the court could not have validly created a regime enabling ..... that there exists no fundamental right to marry, or a right to claim a status for the relationship, through the medium of a law (or legal regime) and acknowledged the limitations on this court in moulding relief, this court must exercise restraint; it cannot enjoin a duty or obligation on the state to create a framework for civil union or registered partnership, or marriage, or abiding co-habitational ..... dealt with rent legislation which differentiated between non- 75 1984 (1) scr594 76 section 32, clause (b) of andhra pradesh buildings (lease, rent and eviction) control act, 1954 77 1986 (2) scr59678 2008 (6) scr5664 7 residential and residential buildings, in respect of the remedy of eviction, on ground of bona fide requirement.85 ..... and family related laws gender neutral, or they may create a separate sma-like statute in gender neutral terms to give the queer community an avenue for marriage, they may pass an act creating civil unions, or a domestic partnership legislation, among many other ..... the domestic violence act 116 of 1998 defined a domestic partnership as a relationship between a complainant and a respondent who are of the same or opposite sex and who live/lived together in a relationship .....
Tag this Judgment!Court : Supreme Court of India
..... resolution plan subject to requirements of this sub-section having been fulfilled: provided further that every person who was a "designated partner" as defined in clause (j) of section 2 of the limited liability partnership act, 2008, or an "officer who is in default", as defined in clause (60) of section 2 of the companies act, 2013, or was in any manner incharge of, or responsible to the corporate debtor for the conduct of its business or associated with the corporate debtor in any manner and who was directly ..... means a company as defined in clause (20) of section 2 of the companies act, 2013, a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2 of the limited liability partnership act, 2008, or any other person incorporated with limited liability under any law for the time being in force but shall not include ..... it may be noticed at once that partnership firms with limited liability as defined in the limited liability partnership act, 2008 fall within the definition of the word corporate person and insolvency and liquidation process in regard to the same is ..... under the second proviso to sub- section (1), however, the designated partner in respect of the liability partnership or the officer in default, as defined under section 2(60) of the companies act, 2013, or every person, who was, in any manner, in- charge or responsible to the corporate debtor for the conduct of its business, will continue to be liable to be prosecuted and punished for .....
Tag this Judgment!Court : Supreme Court of India
..... partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act ..... of its paid-up share capital; (f) anybody corporate whose board of directors, managing director or manager, in the ordinary course of business, acts on the advice, directions or instructions of a director, partner or manager of the corporate debtor; (g) any limited liability partnership or a partnership firm whose partners or employees in the ordinary course of business, acts on the advice, directions or instructions of a director, partner or manager of the corporate debtor; (h) any person on whose advice, ..... board of directors, managing director or manager, in the ordinary course of business, acts on the advice, directions or instructions of the individual; (g) a limited liability partnership or a partnership firm whose partners or employees in the ordinary course of business, act on the advice, directions or instructions of the individual; (h) a person on whose advice, directions or instructions, the individual is accustomed to act; (i) a company, where the individual along with its related party, own .....
Tag this Judgment!Court : Supreme Court of India
..... the resolution plan subject to requirements of this sub-section having been fulfilled: provided further that every person who was a designated partner as defined in clause (j) of section 2 of the limited liability partnership act, 2008 (6 of 2009), or an officer who is in default , as defined in clause (60) of section 2 of the companies act, 2013 (18 of 2013), or was in any manner incharge of, or responsible to the corporate debtor for the conduct of its business or associated with the corporate debtor in any manner ..... mehta s arguments were to be accepted, under the same section, namely, section 141, two different results would ensue so far as bodies corporate, which include limited liability partnerships, are concerned, the moratorium provision contained in section 14 of the ibc would not apply, but so far as a partnership firm is concerned, being covered by sections 96 and 101 of the ibc, a section 138/141 proceeding would be stopped in its tracks by virtue of the ..... section 14 refers only to debts due by corporate debtors, who are limited liability companies, and it is clear that in the vast majority of cases, personal guarantees are given by ..... a section which has been introduced by an amendment into an act with its focus on cesser of liability for offences committed by the corporate debtor prior to the commencement of the corporate insolvency resolution process cannot be so construed so as to limit, by a sidewind as it were, the moratorium provision contained in section 14, .....
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