Judgment Search Results Home > Cases Phrase: the madras marumakkattayam act 1932 Court: mumbai Page 3 of about 919 results (0.148 seconds)

Francis Castellino and Essar Shipping Limited Vs. R.C. Coastal Exports ...

Court : Mumbai

Reported in : 2008(6)ALLMR120; 2008(5)BomCR519; (2008)110BOMLR2863

..... he has also contended that prior to 31st march 2006, garden resort, his proprietary concern, was a partnership firm registered under the indian partnership act, 1932 and by a deed of dissolution dated 5.4.2006, the partnership was dissolved on 31.3.2006 and he became the sole proprietor of garden resort. ..... but the claimant has produced copies of the annual reports statutorily required to be filed by the respondent under sections 159 to 163 of the companies act in which the particulars, inter alia, with regard to the registered office of the company are given. ..... to consider the bonafides of the case of the applicant, the question that arises is whether the applicant could have created a transfer by way of a lease, which is one of the five modes of transfers contemplated under the transfer of property act in favour of himself represented by his proprietary concern. ..... he has observed that under the said act where two persons grant a tenancy by writing to one of themselves, such a tenancy would be valid under section 72(4) of the said act as a conveyance and the covenants would be enforceable under section 82(1) of the act. ..... it is held that such a tenancy would not come under section 72(4) or 82(1) of the law of property act, 1925, because both of the sections would apply only where one of the persons is not on both sides. .....

All India Motor Transport Mutual Insurance Co. Ltd. Vs. Raphael George ...

Court : Mumbai

Reported in : AIR1963Bom7; (1962)64BOMLR219; ILR1962Bom266

..... the learned judge relying upon the provisions of section 616 of the indian companies act) which provides that the provisions of the companies act shall apply to insurance companies except in so far as the said provisions are inconsistent with the provisions of the insurance act, 1938, was of the opinion that the jurisdiction of the high court was not excluded either by the definition of the word 'court' as given in section 2(6) of the insurance act or by the provisions of section 53 of that act. ..... ' thus, what a court can wind up under section 53 ofthe insurance act is any insurer being a company,association or partnership which may be wound up under the companies act or to which the indianpartnership act, 1932, applies. ..... it is undisputed that in this country we have got states each of which has got a high court but it is only a few of these high courts that have got ordinary original civil jurisdiction, such as bombay, calcutta and madras; other high courts have got no ordinary original civil jurisdiction. .....

Swiss Bank Corporation and Canara Bank Vs. Jai Hind Oil Mills Co. and ...

Court : Mumbai

Reported in : (1993)95BOMLR412

..... ) are a partnership firm registered under the provisions of the indian partnership act, 1932, and carry on the business of dealing in the manufacture of various types of edible oils and are also engaged in the business of importing and exporting diverse goods into and from india. ..... the learned judge observed that the document to the extent that it purports to give the loading date of the ship cannot be admitted in evidence at that stage, the commercial documents evidence act consists of four sections, and section 3, inter alia, provides that notwithstanding anything contained in the indian evidence act, a court may presume within the meaning of that act, in relation to documents included in part ii of the schedule that they have been duly made by or under appropriate authority and the statements contained therein are accurate. ..... the reason underlying the rule is that the advising bank is a special agent of the issuing bank and the latter is a special agent of the buyer ; if such agent, who had a limited authority, acts outside his authority, the principal is entitled to disown the act of the agent, who cannot recover from him and has to bear the commercial risk of the transaction. .....

Prakash Boolu Kundar Vs. Shankar Aithu Poojari

Court : Mumbai

Reported in : 2006(5)BomCR127; 2006(5)MhLj453

..... counsel for the appellant has rightly relied on section 12 of the indian partnership act, 1932 which provides that every partner has right to take part in the business, subject however to the contract between the parties. ..... (2) the application preferred by the respondent under section 9 of the arbitration act will stand disposed of by this order with direction that court receiver, high court, bombay is appointed as court receiver in respect of the management of hotel business of the firm, who in turn, shall take charge of the hotel business forthwith and then permit the respective parties to give offer and to accept the claim of the highest bidder who shall be appointed as agent of the court receiver on such terms and conditions as may be found necessary by the court ..... according to the appellant, the relief claimed by the respondent in the application was exceeding the scope it, of order to be passed by the trial court under section 9 of the act. ..... besides, the issue which has been resolved by the lower court, as is rightly contended by the counsel for the appellant, in terms of section 9 of the act, the court has power to pass interim order for matters provided therein (section 9). ..... in such a situation, it will not be possible to proceed on the assumption that the parties have acted upon the memorandum of understanding in its letter and spirit. .....

Commissioner of Income-tax Vs. J.M. Mehta and Bros.

Court : Mumbai

Reported in : [1995]214ITR716(Bom)

..... sections 14, 15, 29 and 48 of the indian partnership act, 1932, section 5 of the transfer of property act and section 17(1)(b) of the indian registration act, 1908, fall for scrutiny. 5. ..... the plot was all through treated as the property of the firm up to march 17, 1976, when by an agreement between the partners, the said asset was taken out of the partnership by crediting the price of the plot to the plot account and debiting the partners' capital accounts in equal proportion in the books of account of the firm. ..... sections 14 and 15 of the partnership act, 1932, make this position clear. ..... it holds that in the distribution, division or allotment of assets in the partnership, which flows upon dissolution after the discharge of the liabilities, there is mutual adjustment of rights between the partners and there is no question of any extinguishment of the firm's right in the partnership assets amounting to transfer of assets within the meaning of section 2(4) of the income-tax act. ..... cit : [1969]73itr423(all) ; (2) the madras high court in the ease of cit v. ..... he took a view that by the agreement dated march 17, 1976, and the relevant entries made in the books of account, the partners had not legally and effectively taken out the immovable property of the firm from its ownership and vested the same in the partners. .....

Jayesh Pandya Vs. Sukanya Holdings Pvt. Ltd. and ors.

Court : Mumbai

Reported in : 2005(5)BomCR725

..... no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is 'partnership at will'.then, on the basis of section 43, he contended that when the 1st suit was instituted by the plaintiff for dissolution of the firm, then that suit constitutes a notice to all the partners of dissolution and the firm stands dissolved from the date of institution or from the date of service of the plaint upon the defendants/ partners.the counsel for defendant no. ..... his claim: provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 of order xxxii extend, neither the suit nor any part of the claim shall be abandoned without the leave of the court,(2) an application for leave under the proviso to sub-rule (1) shall be accompanied by an affidavit of the next friend and, if the minor or such other person is represented by a pleader, by a certificate of the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or such other person ..... when the suit was filed, the firm was not registered under section 59 of the indian partnership act, 1932, it was registered on 28th april ..... interpreted by the madras high court and the andhra pradesh high court and, there was no estoppel of going before the arbitrator. ..... : air1992ker85 and also relied upon the judgment of madras high court reported in : air1983mad150 buhari trading .....

Baburao Nanaji Vs. Raghunath Nanaji

Court : Mumbai

Reported in : AIR1956Bom155

..... sub-section (f) of section 13 of the indian partnership act, 1932 and sub-section (f) says that 'a partner shall indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm'.dealing with this section, the learned district judge has observed in the course of his judgment as follows:'the section itself lays down that the partner guilty of wilful neglect shall indemnify the firm and not the other partner or partners of the firm. ..... it had started from the starting point or to take passengers in excess of the prescribed limit or to permit the passengers to sit on the seats next to the driver's, surely thosewere acts which were in law beyond the scope and authority of the management of the plaintiff, even if it be assumed for a moment that the plaintiff was the manager even so far as the plying of the buses on the days allotted to the defendant was concerned.i have considered the judgments of both the courts below and i think that neither of the learned judges of the courts below has applied .....

Goa State Pollution Control Board Through Its Environmental Engineer V ...

Court : Mumbai

Reported in : 2010(1)BomCR460

..... the respondent is a partnership firm, registered under the provisions of the indian partnership act, 1932. ..... a consent to operate the industry in favour of the respondent-company, according to the learned counsel for the respondent, has been renewed by the goa state pollution control board by its dated 28th may, 2009 under the provisions of the air (prevention and control of pollution) act, 1981 (hereinafter, referred to as 'the act 1981' for short). ..... in exercise of the powers conferred by section 54, read with sub-section (3) of section 31 of the air (prevention and control of pollution) act, 1981 and in consultation with the goa state pollution control board, the government of goa seems to have made the rules called the goa air (prevention and control of pollution) appeal rules, 1997. ..... apart from this, while considering the provisions of the act 1981 and some other such acts promulgated either by the central government i.e. ..... by this petition, the petitioner which is a statutory body, constituted by the state government in pursuance of section 4 of the water (prevention and control of pollution) act, 1974, challenges an order passed by the learned president, administrative tribunal, panaji, goa dated 13th august, 2009. ..... it is a balancing act while considering the competitive interest of the litigants before the court and public. ..... respondent company under the act 1981. .....

Mangilal Jagrupji JaIn Vs. Shri Bharat Shankarlal Dhakad (Huf) and ors ...

Court : Mumbai

..... counsel appearing for the respondent referring to section 69(2) of the indian partnership act and the submission that in every matter, the plea of non-registration of the firm that itself cannot be the foundation to reject the plaint is also correct.there is also another facet that the suit filed by the alleged individual partners in their individual capacity 1 air (29) 1942 madras 634 cannot be dismissed under order vii rule 11(d) of cpc at this stage of the proceedings at the instance of the petitioner who was also one of the signatories to the agreement and ..... who has full knowledge that the partnership ..... it is also necessary to consider at this stage the object and purpose of section 69(2) of the indian partnership act, 1932 (mah. .....

Godavari Pravara Canal Co-operative Purchase and Sale Union Ltd. Vs. K ...

Court : Mumbai

Reported in : AIR1974Bom52; 1974MhLJ75

..... section 14 of the partnership act states that the property of the firm includes all property and rights and interest in property originally brought into the stock of the firm or acquired, b purchase or otherwise, by or for the firm, or for the purposes and in the course of the business of the firm, and includes also the goodwill of the property has to be held and used by the partners, exclusively for the purpose of the business. ..... as to the nature of the firm under section 4 of the indian partnership act, 1932, the court observed that the word 'firm' or the 'firm name' was merely a compendious description of all the partners collectively. ..... the nature of partnership is referable to the provisions of section 4 of the indian partnership act, 1932, which states that 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any or them acting for all. ..... ' in the very first paragraph the plaint alleges that there is a firm by name haribhau sant & company registered under the indian partnership act, 1932 and also discloses the registration number. ..... though partnership is not a juridical person, the relationship between the partners and the name under which they carry on the business is an entity specifically recognized and treated as such by the provisions of the indian partnership act, giving rise to certain rights and obligations between the parties and also those who deal with such firms. .....