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1988 Supreme(Kar) 360

S.G.DODDAKALE GOWDA
TYPE TOOLS CORPORATION – Appellant
Versus
REGISTRAR OF FIRMS, BANGALORE – Respondent


Advocates:
CHANDRASEKHARAIAH, U.R.NAYAK

DODDAKALE GOWDA, J.

( 1 ) RULE. APPLICATION filed in Form No V to register the names of partners of re-constituted partnership firm has been returned -vide Endorsement, dated 20-10-1986. The petitioner has challenged the validity of the endorsement including the rule which empowered the Authority to reject the application.

( 2 ) STATE Government has framed rules known as The Mysore Partnership xregistration of Firms) Rules, 1954 (hereinafter referred to as the 'rules' ). Rule 4 which is relevant for the purpose of this case reads thus : -"4. Forms of intimation and notices under Sections 61. 62 and 63.- (1) Intimation and notices under sections 61, 62 and 63 (1) and 62 (2) of the Act, shall respectively be in Forms iii, IV, V and VI annexed to these rules with such variations as circumstances may require. (2) Every statement, intimation or notice relating to a firm, under Sections 60, 61, 62, 63 (1) or 63 (2) of the Act, shall be sent or given to the Registrar together with the prescribed fee within fifteen days from the date of occurrence of the event referred to in such statement, intimation or notice. "

( 3 ) THE petitioner-firm was reconstituted on 17-10-1985. Form No. VA is fil




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