Criminal Procedure Code, 1973, Section 228, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Offence u/ss 13(1)(D), 13(2) of P.C Act and S.120-B IPC - Accused contended that presently they are not partner in partnership firm, as they parted with partnership before tender of contract - However, nothing on..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Committee - Liability of - "...association of individuals" - Association of individuals should be of similar nature as companies and partnership firms - Committee thus comes within the purview of company as defined under the Explanation of S.141 of the Act - Accused Nos.2 & 3 who issued the..........
Partnership Act, 1932, Section 32, 37, 48 -- Partnership firm - Distinction between `retirement of a partner' and `dissolution of partnership firm' - On retirement of a partner, reconstituted firm continues and the retiring partner is to be paid his dues in terms of S.37 of the Act - In case of dissolution, accounts have to be settled and distributed as per mode prescribed..........
Partnership Act, 1932, Section 32 -- Retirement of a partner - When there are only two partners and one has agreed to retire, then retirement amounts to dissolution of Firm...........
Karnataka Land Reforms Act, 1962, Section 66, 79(1)(b)(iii) -- Declaration of holding - Partnership firm obtained forest area - However, it is not explained by declarants as to how estate of firm devolved upon its partners - No legal instrument brought, through which property of firm became partners individual property - There is prohibition on an association or other body..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
Income Tax Act, 1961, Section 801(A) -- Assessment - Claim for deduction - Agreement was initially executed between partnership firm and State government for construction of road and collection of toll tax - However, partnership firm converted into a company before inauguration of road - Name of company in agreement so executed recorded recognizing change - Further State..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Partnership Act, 1932, Section 19, 22 -- Eviction petition - Non-payment of rent - Assessment of provisional rent - Arbitration award relied upon by respondent it cannot be said that Arbitrator has determined rate of rent at Rs.8000/- per day - Moreover, landlady is not a party to arbitral award - Even..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Paucity of accommodation - Mere fact that sons of landlord are earning and income tax returns are showing income more than partnership firm has been generating is also no ground for denying eviction especially, when one of the ground pleaded by landlord is paucity of accommodation..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 420, 406 -- Discharge - Cheating and criminal breach of trust - Opening of Bank account as proprietor after dissolution of partnership deed - Not an act of cheating and criminal breach of trust - Accused rightly discharged...........
