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Supreme Court Upholds Assessee in Income Tax Case on Remuneration of Karta as Managing Partner. Remuneration Paid for Personal Qualifications Not Assessable as Hindu Undivided Family Income Under Indian Income-tax Act, 1922.

The dispute concerned the tax treatment of remuneration received by the karta of a Hindu Undivided Family (HUF) as managing partner of two firms in wh...

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Supreme Court Dismisses Revenue's Appeal on Carry Forward of Losses Under Income-tax Act, 1922. Loss Sustained by Partner in Dissolved Firm Can Be Set Off Against Profit from Another Firm if Same Business Continued by Assessee.

This appeal by the Commissioner of Income-tax arose from a dispute over the carry forward and set-off of business losses under the Income-tax Act, 192...

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Supreme Court Upholds Assessee in Income Tax Case Allowing Deduction of Expenses Incurred by Partner from Share of Firm's Profits. Partner's Expenditure to Earn Income from Registered Firms is Deductible Under Section 10(2) of Income-tax Act, 1922 Despite Prior Computation of Firm's Profits.

The dispute arose from income tax assessments for the years 1955-56 and 1956-57 concerning Ramniklal Kothari, a partner in four registered firms who d...

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Bombay High Court at Goa Dismisses Revision Against Rejection of Plaint Rejection Application in Property Suit. Held that the plaint discloses a cause of action and is not barred by limitation or res judicata under Order 7 Rule 11 CPC.

The petitioner, Dr. Suresh Bhalchandra Shetye, was the original defendant no.1 in a suit filed by the respondents (original plaintiffs) seeking partit...

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Bombay High Court Dismisses Writ Petition Challenging Court Receiver's Appointment in Partnership Dispute. No Jurisdictional Error Found in Order Appointing Receiver Over Partnership Property Under Order 40 Rule 1 CPC.

The case arises from a suit for dissolution of partnership and accounts filed by the respondent-plaintiff against the partnership firm and its partner...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement in Favor of Plaintiff. Passing Off Claim Deferred Due to Pending Rectification Proceedings Under Section 124 of Trade Marks Act, 1999.

The plaintiffs, Hem Corporation Pvt. Ltd. and three individuals (erstwhile partners of a firm), filed a suit for trademark infringement and passing of...

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High Court of Bombay Hears Petition of Accused Partner Seeking Quashing of Process Under Section 138 of Negotiable Instruments Act, 1881. Partner Argues Absence of Specific Allegations of Role in Firm's Affairs Precludes Vicarious Liability Under Section 141 of the Act.

The matter involved petitions filed by original accused No.4, a partner of a firm, seeking quashing of the order issuing process against him in compla...

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Madras High Court Dismisses Appeal by Plaintiff in Suit for Recovery of Money Due to Lack of Sufficient Evidence. Partnership Firm's Claim for Fabric Supplies Fails as Plaintiff Could Not Prove Exact Amount Due.

Textile Connection, a partnership firm, filed C.S.No.29 of 2000 seeking a decree for Rs.39,67,144 with interest at 24% per annum from the defendants, ...

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Bombay High Court Quashes LAO's Apportionment Order in Highway Acquisition — Directs Reference to Civil Court Under Section 19C(4) of Maharashtra Highways Act, 1955. Dispute over compensation apportionment between partnership firm and its individual partners requires adjudication by civil court, not LAO.

The petitioners, Pravin Girish Chamaria and Nishit Bechar Patel, along with respondents 4 and 5 (Dilip Prabhakar Kudalkar and Jagdish Shashikumar Raje...

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Bombay High Court Allows Section 11 Applications to Appoint Arbitrator in LLP and Trust Dispute Over School Management Agreements. Court Holds That Arbitration Clause in School Management Services Agreement Binds Non-Signatory Trust Due to Interconnected Agreements.

The judgment concerns two arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Edufocus International Edu...