IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE VIJU ABRAHAM, J
Travancore Regal Resorts Ltd – Appellant
Versus
District Collector, Idukki – Respondent
JUDGMENT :
Above writ petition is filed seeking a direction to the 4th respondent, Village Officer to accept land tax from the petitioner in respect of the property covered by Ext.P3 possession certificate and Ext.P4 certificate of genuinity.
2. Brief facts necessary for the disposal of the writ petition are as follows: Petitioner company was incorporated on 16.01.1996 as per Ext.P1 certificate of incorporation and is in absolute ownership and possession of 6.7825 hectares of land of which 6.5599 hectares is comprised in Survey No.1210 and 22.26 Ares in Survey No.1232 of Peerumade Village. The property was mutated in the name of the petitioner and was assigned Thandaper No.5054 and was remitting tax for the said property till 2017-2018, as evidenced from Ext.P2 land tax receipt for the year 2017-18. The aforesaid property was part of the private property of the erstwhile Ruler of Travancore, which was sold by him to M/s.Kumari Investment Corporation Pvt. Ltd as per sale deed No.252/1973 of SRO, Peermade. The total extent of property sold was 24.50 acres. M/s.Kumari Investment Corporation Pvt. Ltd. sold an extent of 24 acres obtained by them to Swami Athuradas as per sale deed No.252/
The court established that property of a partnership firm automatically vests in a company upon registration, without needing a registered deed for the transfer.
The main legal point established is the principle of statutory vesting under the Companies Act, 2013, and the authority of the court to direct the Sub Registrar to recognize the statutory vesting by ....
Conversion of Partnership to Limited Liability of Partnership - Stamp duty and registration fee cannot be levied upon conversion of a partnership firm to LLP.
The court reaffirmed that property owned by a partnership firm cannot be transferred by an individual partner without authority, upholding the plaintiff company's claim over the property.
The main legal point established in the judgment is that the property of the firm includes all property and rights brought into the stock of the firm, and the partnership firm became the owner of the....
The main legal point established in the judgment is that the change of name of a company, as permitted by the Registrar of Companies, does not involve a transfer of assets and therefore does not requ....
Partners cannot unregister without due process; rights remain unless valid documents executed under the Indian Partnership Act.
Registry transfer to limited liability partnerships contingent upon partner contributions is upheld if supported by prior judgments.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.