Judgment Search Results Home > Cases Phrase: limited liability partnership act 2008 section 16 reservation of name Page 1 of about 875 results (0.125 seconds)

Victory Iron Works Ltd. Vs. Jitendra Lohia

Court : Supreme Court of India

..... however section 3(37) of the code states that words and expressions used but not defined in this code but defined in the indian contract act, 1872 (9 of 1872), the indian partnership act, 1932 (9 of 1932), the securities contract (regulation) act, 1956 (42 of 1956), the securities exchange board of india act, 1992 (15 of 1992), the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993), the limited liability 15 partnership act, 2008 (6 of 2009) and the companies act, 2013 (18 of 2013), shall have the meanings ..... pay the amount of rs.2.70 crores directly to uco bank and the sale certificate issued by the bank along with the original title deeds (parent documents) held by the bank were to be handed over by the bank to a named solicitor and advocate; that a definitive agreement was to be entered into between energy properties and the corporate debtor, to enable the corporate debtor exclusively to undertake the development of the property; that if no definitive agreement was ..... this act, unless the context otherwise requires, xxx xxx xxx (jb) property means (a) immovable property; (b) movable property; (c) any debt or any right to receive payment of money, whether secured or unsecured; (d) receivables, whether existing or future; (e) intangible assets, being know-how, patent, copyright, trade mark, licence, franchise or any other business or commercial right of similar nature, as may be prescribed by the central government in consultation with reserve bank;24 .....

Kasi Alias Alagappa Chettiar and ors. Vs. Rm. A. Rm. V. Ramanathan Che ...

Court : Chennai

Reported in : (1949)1MLJ298

..... the deceased partner is entitled to call upon the surviving partners to account for the deceased partner's share as it stood on his death and to have his claim satisfied out of the assets of the dissolved partnership after discharging all liabilities incurred before dissolution and such only of the liabilities incurred thereafter by the surviving partners, as are incidental to and necessary for the winding up of the business (sections 46 and 47 of the partnership act). ..... profits or interest by the retired partner on the ground that the portion of the assets of the dissolved firm used by the surviving partners in the subsequent conduct of the business was well within the limits of their own share of such assets and therefore the retiring partner's share could not be considered to have been used at all by them for the subsequent business. ..... seen from a perusal of these issues extracted in paragraph 2 of the judgment now under appeal, that many of the issues so reserved for consideration, should have been determined by the trial court before the passing of the preliminary decree. ..... instead of winding up the affairs of the firm, the surviving partners, namely, the first defendant and his brother, narayana, continued to-carry on the money-lending business after may, 192 7, on a larger ..... above-stated on 23rd may, 1927, leaving a will and purporting to appoint an agnatic relation of his by name venkatachala chetti, and another person, by name lakshmanan chetti, as the executors of his will. .....

Kashiram Bhagshet Shete Vs. Bhaga Bhaushet Redij

Court : Mumbai

Reported in : AIR1945Bom511; (1945)47BOMLR470

..... and joint hindu family trading firms according to the principles of hindu law, it remains to consider how far one would be safe in applying to the case of a joint hindu family trading firm the principle of the law of partnership enunciated in the old section 264 of the indian contract act, now re-enacted in section 45 of the indian partnership act, which lays down that notwithstanding the dissolution of a firm, the partners continue to be liable as such to third parties for any ..... debt due by the defendants' joint family to the plaintiff by executing the promissory note on february 6, 1938, was thus a valid acknowledgment within the meaning of section 19 of the indian limitation act, and the consent terms dated november 22, 1939, signed by the respective counsel for the parties constituted a further acknowledgment of liability to the plaintiff within the period of limitation bringing the suit filed by the plaintiff on april 22, 1941, well within time as already pointed out above.30. ..... of the firm and had acquiesced in the continuance of the firm under the same name and ostensibly, therefore, with the same constitution, that he had never done any act to divest himself of his share in the business, that he had given no notice of repudiation and had made no partition with his brothers, and that there was nothing to prevent him from demanding his share of the partnership stock, or claiming his share in the property. .....

Wind World (India) Limited and Others Vs. Enercon GmbH and Another

Court : Mumbai

..... . 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 ..... if part of the disclosure was agreed by the petitioners nos.2 and 3, the disclosure sought by the respondents being contrary to the provisions of limited liability partnership act, 2008 and companies act, could not have been ordered by the majority arbitrators and that also without following agreed procedure under iba rules and contrary to section 27 of the arbitration act. 70 ..... 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 ..... . 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 ..... 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 .....

M/s. Amritlakshmi Machine Works and Another Vs. The Commissioner of Cu ...

Court : Mumbai

..... have not in any manner dealt with partnership firm registered under the limited liability partnership act, 2008 and the liability of its partners under section 112(a) of the act. 42. ..... indian partnership act, 1932 chapter ii the nature of partnership section 4: - definition of partnership , partner , firm and firm name partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for ..... fact the iec number is in the name of the partnership firm which collectively represents all the partners as laid down under the partnership act. ..... the provision section 140 of the act which pertains to offences by companies falls in a separate chapter namely chapter xvi of the act which is a chapter dealing with offences and penalties, whereas section 112 falls under chapter xiv of the act which pertains to confiscation of goods and conveyances and imposition of penalties and thus the decision of the supreme court in standard chartered bank cannot apply in interpreting section 112(a) of the act so as to apply the deeming provisions as contained in section 140 of ..... is one more facet which needs to be noted as argued on behalf of the appellant namely that the act or omissions of the firm are acts or omissions of the partners for the reason that the partnership firm is not distinct from its partners under the indian partnership act 1932 and thus simultaneous penalties cannot be imposed on the partnership firm and the partners. .....

Lalit Kumar Jain Vs. Union Of India

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 ..... what therefore, has been effectuated by creating an independent provision, by separating personal guarantors of corporate debtors and by the same amendment, placing the personal guarantor's debt before one tribunal/forum namely the nclt, is that such a forum would apply the procedure in part iii, in regard to personal guarantors for providing repayment of the entire debt for which the guarantee is furnished in the first place. ..... . 747), reveal a sharp conflict of opinion does not arise for consideration, and we reserve our opinion thereon .....

J. Seetha Rama Sastry Vs. State of Karnataka and Another

Court : Karnataka

Reported in : ILR1991KAR3053; [1993]199ITR588(KAR); [1993]199ITR588(Karn)

..... registration is required only for certain limited purposes and non-registration affects the procedural rights of the partners, as per section 69 of the partnership act; even here, the firm or the partners may have the effect of non-registration removed, by getting it registered at the ..... of formation of a partnership, its constitution, the rights and liabilities of the partners and their relationship to the firm and in the mode of carrying on of the trade, non-registration of the firm under the partnership act has no relevancy at ..... the learned government pleader contended that a firm has no juristic existence and the firm name is permitted to be used to indicate the combination of persons for the sake of convenience; the word 'person' referred to in article 276(2) is a 'juristic person' and not an entity recognized for certain purposes only, as in the income-tax act or sales tax act; the business of the firm is the business of each individual partner and each of them is deemed to be carrying ..... than effect a difference in the mode and quantum payable by the partners where they paid a lesser amount as one unit in the name the adopted for their joint venture, the amendment made them (i) pay tax at a higher rate, and (ii) as separate units. ..... whom a finding or direction is given and persons with regard to whom no finding or direction is given belong really to the same category, namely, the category of persons who are liable to pay tax and have failed to pay it for one reason or another. .....

Commissioners for Her Majesty's Revenue and Customs (Appellant) Vs. To ...

Court : UK Supreme Court

..... section 118za(1) (as substituted by fa 2001) provides: "for the purposes of the tax acts, where a limited liability partnership carries on a trade, profession or other business with a view to profit (a) all the activities of the partnership are treated as carried on in partnership by its members (and not by the partnership as such), (b) anything done by, to or in relation to the partnership for the purposes of, or in connection with, any of its activities is treated as done by, to or in relation to the members as partners, and (c) the property of the partnership is treated as held by the members as partnership ..... a limited liability partnership established under the limited liability partnership act 2000 has ..... specimen documents in the appeal papers relate to the same llp): date description parties (1) 31 march 2004 software licence agreement ("sla") mcashback (1) llp2 (then tower taxi technology 34 llp)(2) (2) 6 july 2004 limited liability partnership agreement ("the partnership agreement") original founder members (1) llp2 (2) (3) 6 july 2004 operations agreement ("the operations agreement") mcashback (1)llp1 (2) llp2 (3) llp3 (4) llp4 (5) (4) 7 july 2004 valuation report valuation consulting ltd (mr ian ..... paid by lpi into the bank account opened in vp's name to enable vp to indulge in a tax avoidance scheme, ..... the separate ground that it had not been trading during the 2003-4 tax year: [2008] stc 3366, 3369-3411. ..... on appeal ([2008] ewhc 2387 (ch), [2008] stc 3366, 3411) henderson j .....

Swiss Ribbons Pvt. Ltd. Vs. Union of India

Court : Supreme Court of India

..... in the indian 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, 2013.5. the ..... 114 reconstruction the foreign exchange management (transfer or issue of security by a person resident outside india) regulations, 2017 made under the foreign exchange management act, 1999 (42 of 1999); (d) an asset company registered with the reserve bank of india under section 3 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002); (e) an alternate investment fund registered with the securities and exchange board of india; (f) such categories of persons as may be ..... anything contained in any other law for the time being in force, the resolution professional, insolvency resolution process, shall not take any of the following actions without the prior approval of the committee of creditors namely corporate during the (a) raise any interim finance in excess of the amount as may be decided by the committee of creditors in their meeting; (b) create any security interest over the assets of the corporate debtor; .....

Gunjan Sinha JaIn and Others Vs. Registrar General, High Court of Delh ...

Court : Delhi

..... . clearly, 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 ..... upon the coming into force of the limited liability partnership act, 2008: (1) the indian partnership act, 1932 stands repealed ..... same time, insofar as the others are concerned, we must also keep in mind the following twin criteria of qualification in the said djs exam:- (1) minimum qualifying marks in the preliminary examination of 60% for general and 55% for reserved categories (i.e, scheduled castes, scheduled tribes and physically handicapped [blind/ low vision], [orthopaedic]); (2) the number of candidates to be admitted to the main examination should not be more than ten (10) times the total number of vacancies of ..... under the indian penal code, two sections, namely, sections 34 and 149, deal with the circumstances when a person is vicariously responsible for the acts of others. 43 ..... consequently, the minimum qualifying marks for general candidates was 120 (60% of 200) and for reserved candidates it was 110 (55% of 200) ..... a similar exercise would also have to be conducted in respect of each of the reserved categories ..... it would become 112.8 (60% of 188) for general candidates and 103.4 (55% of 188) for the reserved categories. 80 ..... as per the appendix read with rule 15 of the delhi judicial services rules, the minimum qualifying marks in the preliminary exam is 60% for general and 55% for the reserved categories i.e. .....