...registerable under Section 17(1)(c) of the Registration Act and that as it was not registered it is inadmissible in evidence to prove the dissolution of the partnership as well as the settlement...partner in partnership assets comprising of movable as well as immovable property should be treated as movable or immovable property for the purposes of Section 17(1) of the Registration Act...Act itself bearing on the interest of partners in partnership property. Section 14 provides that subject to contract between the partners the property of the firm includes all property originally...

...in the deed. It was conceded that under section 19 of the Partnership Act, there is no implied authority in a...of the Indian Income-tax Act for the registration of this firm. In paragraph 2 it was stated as under:“The original instrument of partnership under which the firm is constituted...section 26A of the Indian Income-tax Act as well as in the original partnership agreement, under which the smaller firm was formed, shares of all the partners in the smaller firm have been...

...others; he may, under an agreement, express or implied, be the representative of a group of persons; he may be a benamidar for another. In all such cases he occupies a dual position. Qua the partnership he...duly registered under Section 26-A of the Indian Income Tax Act, 1922, hereinafter called “the Act”. In due course Guruswamy Naidu and Venkatasubba Naidu were assessed as partners of the...they were liable only to pay tax in respect of the shares shown in the partition deed. After the decision of the Tribunal, the Commissioner of Income Tax Acting under Section 33-B of the Act cancelled...

....7. There is a fallacy in this argument. Partnership, under Section 4 of the Partnership Act, is the relation between persons who have agreed to share the profits of a business carried on by...partners.”Converting the negative into positive, under Section 31 of the Partnership Act if there was a contract between the partners, a person other than the...deceased partner, but that would constitute a new partnership. In this light Section 31 of the Partnership Act falls in line with Section 42 thereof. That section only recognizes the validity of a...

..., the partnership is not at will. Duration of partnership may be express or may in given circumstances be implied. Section 11(1) of the Act postulates that subject to the provisions of..., therefore, under Section 7 of the Act, the contract was treated to be a partnership at will, it was held at page 1007 thus: “Our attention was drawn in this case to a clause which lays down that...decree granted accordingly. The appellants contended that under the French Law the partnership is not at will. The contract operates as law. In terms of the contract Exs. B-1 and B-2, the respondent has...

...joint Hindu family and three firms could not be registered under s. 26-A of the Income-tax Act. But it cannot be inferred therefrom that whenever the partnership receives gross receipts in respect of.... In Bhogilal's case (2) under a deed of partnership a father carried on a business in partnership with his sons. Two of his minor sons were admitted to the benefits of the partnership. One of the minor..., and a right to receive the profits arises under the covenants of the deed of partnership? Under the Income-tax Act, income is taxable when it accrues, arises or is...

...the acquisition of gain by the company, association or partnership or by the individual members thereof, unless it is registered as a company under this Act, or is formed in pursuance of an Act of...the Partnership Act that can be considered as partnerships under the Act. The definition of “person” in the Act is intended for the purpose of levying income tax and for other cognate matters...undivided members in his individual capacity of the other. With reference to the latter kind of partnership there seems to be some authority favouring the view that such a partnership cannot exist under...

...assessment year under consideration or any other assessment year. As regards the expression “direction” in Section 153(3)(ii) of the Act, it is now well settled that it must be an express...expressions “finding” and “direction” in Section 153(3)(ii) of the Act must be accordingly confined. Section 153(3)(ii) is not a provision enlarging the jurisdiction of the authority or court. It is a...Chander Nath. The partnership firm debited a sum of Rs 98,418 in the building account of the firm towards the cost of construction of the Sunder Nagar property during Assessment Year 1955-56. In...

...Income Tax Act, 1922, is the effect and scope of the words “constituted under an instrument of partnership” in Section 26-A of the Income Tax Act, which in the course of this..., can validly be registered in Assessment Years 1945-46 and 1946-47 under Section 26-A of the Indian Income Tax Act on the basis of a memorandum of partnership executed in June 1948...accordance with the shares of the partners, as shown in the instrument of partnership registered under the Act, and governing such distribution, and that any partner has concealed any part of his...

...registration under Section 26-A of the Indian Income Tax Act on the basis of the partnership deed made on 1-4-1952 for Assessment Year 1953-54 and on the basis of the said deed read with the supplementary...claimed registration under Section 26-A of the Indian Income Tax Act on the strength of a patnership deed executed on April 1, 1952. As the answer to the question in part turns on the construction..., and in a case like the present one, where the execution of the instrument of partnership on behalf of a minor by his guardian was for the purpose of admitting the minor to the benefits of partnership...

...tax authorities that registration in law cannot be granted to this partnership and the Tribunal has come to this conclusion on two grounds. The first ground is that under this partnership deed a minor...signatories became the partners and the minor signatory was admitted to the benefits of the partnership.8. Under the...Income-tax Act itself the expression “partner” includes a minor who is admitted to the benefits of We Partnership and this is for obvious reasons because when a partnership is registered to the...

.... 2,49,459 constituted the income of Arvind as a minor and under S. 16(3), Income-tax Act this sum must be included in the assessment of Bhogilal the father and Bhogilal...included so much of the income of a minor child of such individual as arises directly or indirectly from the admission of the minor to the benefits of partnership in a firm of which such individual is...partner in a firm and that his minor son must be admitted to the benefits of that partnership, and further the income which is sought to be included in the total income of the assessee must arise...

...minor, if can be registered--Indian Income-tax Act, 1922 (11 of 1922), S. 26A--Indian Partnership Act, 1932 (IX of 1932), s. 30. HEADNOTE: One of the persons who...entered into a partnership was a minor and in the instrument of partnership he was described as a full partner with equal rights and obligations with the other adult partners. The deed of partnership...benefits of the partnership. The Income-tax Officer, however, refused to register the firm under S. 26A of the Indian Income-tax Act and his decision was upheld by the Income-tax Authorities and the Income...

...High Court:“Whether a partnership in which one partner is the benamidar of another partner could be registered under Section 26-A of the Indian Income Tax Act...of a firm. Under Section 2(6-B) of the Act, “firm”, “partner” and “partnership” have the same meanings respectively as in the Indian Partnership Act, 1932 (9 of 1932): provided that the...expression “partner” includes any person who being a minor has been admitted to the benefits of partnership. Under Section 4 of the Indian Partnership Act, “Partnership” is the relation between...

...irrespective of the death of the original plaintiff (since deceased) in respect of the partnership deed after examining the relevant provision of the Partnership Act, the Court concurred with the findings of...defendant. “Partnership” is defined under Section 4 of the Act which reads as under:“4. Definition of ‘partnership’, ‘partner’, ‘firm’ and ‘firm name’.—‘Partnership’ is the...the definition of partnership under Section 4. Therefore, the trial court was justified in holding that the firm dissolved by virtue of death of one of the partners and the first appellate court as...

...that the plaintiffs were not entitled to an account in the profits and losses of the firm after the death of Boatwalla, nor to exercise an option under Section 37 of the Partnership Act, but...taken of the partnership upto February 20, 1957. Against that decree the defendants appealed under clause 15 of the Letters Patent. In appeal the High Court modified the decree. The learned Judges held...share in the assets of the firm other than goodwill: they contend that in the goodwill of the firm the plaintiffs had no share.3. By Section 14 of the Partnership Act...

...total number of employees did not exceed the statutory minimum. The Insurance Court found in favour of the respondent and an appeal under the Act was carried to the High Court by the appellant...employed by the firm and if he draws emoluments within the prescribed limits for the work of the factory, he would be an employee under Section 2(9) of the Act. In the same decision it has also...) of the Act though the definition has been extracted in extenso. The status of a partner qua the firm with reference to the provisions of the Partnership Act, the concept of “employer” and...

...-section (2) enumerates the various matters, which a partner cannot do under the implied authority, in the absence of any usage or custom of trade to the contrary. Section 20 dealing with the extension and...”).2. The appellant is a firm consisting of six partners and the partnership was constituted under the document, dated March 20, 1959. The business of the partnership, as recited in the deed..., is stated to have been carried on in partnership from October 1, 1958. The partnership was registered under the Indian Partnership Act, 1932, (hereinafter to be referred, as “the Partnership Act”) on...