AI Overview...
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Individual Business Owner and Successors - Successors must usually have been actively engaged in the same business or living/doing business with the original owner to establish succession rights; legal representatives cannot establish a new or individual business on their own SRI B. CHIKKANNA SRI CHIKKEGOWDA VS SRI N. NARASINGA RAO HANAUMANTHA RAO (SINCE DECEASED BY HIS L. RS - Karnataka.
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Rights in Surplus Land Post-Acquisition - Once land is vested in the government under Section 17 of the Land Acquisition Act, 1894, the original owners or their successors do not retain any rights or interests in the surplus land INDIAN VEGETARIAN CONGRESS VS STATE OF WEST BENGAL - Calcutta.
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Business Succession and Transfer - For successful succession, the transferee must carry on the same business as the transferor; merely continuing the business does not automatically establish a successor in business unless specific conditions are met N. J. Chavan and Ors VS P. D. Sawarkar - Bombay.
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Wealth Tax and Successors - In cases involving deceased individuals, wealth-tax assessments are made on the individual owner, and successors or heirs are not automatically liable unless they have explicitly inherited or intended to continue ownership Commissioner Of Wealth Tax VS Gouri Shankar Bhar - Calcutta.
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Legal Heirs and Business Continuity - Court rulings recognize legal heirs and successors as entitled to continue business operations, emphasizing principles of natural justice and the right to carry on the business as heirs or successors P. M. Somasundaram & Son rep. By its Prop. P. S. Muthuswamy Karur & Others VS The Commissioner of Civil Supplies and Consumer Protection Department, Chepauk, Chennai & Others - Madras.
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Legal Heirs and Property Rights - Once a judgment confirms a person as the sole legal heir and successor, their ownership rights are protected, and they can continue business activities or claim property rights accordingly Union of India VS Raja Mohammed Amir Mohammad Khan - Supreme Court.
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Infringement and Successors - Unauthorized use of rights by successors or successors-in-business can lead to legal injunctions, especially in cases involving infringement of copyrights or business rights Shivaji Rao Gaikwad VS Varsha Productions - Madras.
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Business Income and Succession - Business income derived through partnerships or sole proprietorships is linked to the individual or entity recognized as the owner; succession depends on legal recognition of ownership and continuation of the same business activities Mahabir Cold Storage VS Commissioner Of Income Tax, Patna - Supreme Court.
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Proprietary Business and Succession - Proprietary businesses, such as sole proprietorships, are considered individual businesses; successors or heirs may claim rights through legal inheritance or partition, but the business remains the original proprietor's unless legally transferred Sagar Gambhir VS Sukhdev Singh Gambhir (Since Deceased) Thr His Legal Heirs - Delhi.
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Income Tax and Business Succession - Tax legislation treats business succession based on legal ownership; dissolution of partnerships and subsequent ownership changes are recognized separately for tax purposes, with successors liable only if they inherit ownership Jittanram Nirmalram VS Commissioner Of Income Tax - Patna.
Analysis and Conclusion:
Successorship in individual businesses hinges on active engagement, legal inheritance, or explicit continuation of business activities. Legal heirs and successors generally have rights to continue business operations, provided they meet legal criteria and proper documentation. However, their rights do not extend to establishing new or separate businesses unless specific legal conditions are satisfied. Land and property rights post-acquisition are typically extinguished once vested in the government, and business income or ownership is recognized through legal inheritance or formal transfer processes.
Search Results for "Individual Business Owner and Legal Successors"
2005 0 Supreme(Kar) 668 • India - Karnataka
N.KUMAR
Therefore, the requirement under the aforesaid proviso is that the successor has ordinarily been living or carrying on business, ... also be doing business with the original tenant? ... Therefore, though son was actually carrying on the business, it was the tenant who was carrying on business till the date of his ... A legal representative cannot set up a new or individual#HL_E....
1999 0 Supreme(Cal) 264 • India - Calcutta
S.B.SINHA, S.N.BHATTACHARJEE
Whether the erstwhile owners or their successors have any right, title, or interest in the surplus land acquired for a public purpose ... property had been vested in the Government under Section 17 of the Land Acquisition Act, 1894, neither the previous owners nor their successor ... Acquisition Act, 1894, provides that once the property is vested in the Government under Section 17, the previous owners or their successor ... Article 298 emp....
1957 0 Supreme(Bom) 104 • India - Bombay
S.R.TANDOLKAR, J.M.SHELAT
of business. ... the same business, which was carried on by the transferor, must be carried on by the transferee. ... in fact, and that the same business, which was carried on by the transferor, must be carried on by the transferee. ... as to constitute the lessees the successors in business of the lessors. ... Obviously, in our view, the words "successors in business" ....
1967 0 Supreme(Cal) 167 • India - Calcutta
BANERJEE, K.L.ROY
In the instant case, there is no evidence that the successors of the deceased Prafulla Chandra Bhar intended to constitute a joint ... Since the wealth-tax is levied on the basis of the ownership, it is quite proper that the assessment should be made on the individual ... In the above view, the Tribunal canceled the assessment and gave liberty to the wealth-tax authorities to make assessment on the individual ... B resides with his family i....
2009 0 Supreme(Mad) 5310 • India - Madras
P.JYOTHIMANI
as legal heirs and successors to continue the business as retailers. ... as legal heirs and successors to continue the business as retailers. ... The court emphasizes the principles of natural justice and the legal rights of legal heirs and successors to continue the business ... heirs or as the successors#....
2005 7 Supreme 399 • India - Supreme Court
ASHOK BHAN, ALTAMAS KABIR
The said judgment and decree having attained finality there remains no dispute that the respondent is the sole legal heir and successor ... The right, title or interest of the owner is not taken away. ... Respondent was declared to be the heir and successor of late Raja of Mahmudabad. ... heirs and successors of the respondent’s father. ... – ... (i) carry on the business of the enemy; .....
2015 0 Supreme(Mad) 173 • India - Madras
R.SUBBIAH
rights by such unauthorized use - A permanent injunction restraining defendant by themselves their Directors principal officers successors-in-business ... rights by such unauthorized use - A permanent injunction restraining Defendant by themselves their Directors principal officers successors-in-business ... amounting to infringement of copyright - A permanent injunction restraining Defendant by themselves their Directors ....
1990 0 Supreme(SC) 790 • India - Supreme Court
KULDIP SINGH, K.RAMASWAMY
Ltd. having its business at Purnea in Bihar State - It derives income from business of cold storage. M/s. ... The Branch Office at Purnea carried on the business in name and style of Shri Mahabir Cold Storage - Partners had taken loan from ... Prayagchand Hanumanmal, partnership firm consists of Prayagchand and Hanumanmal Periwal with 50 per cent share each and started its business ... It is merely a-collective name for th....
2017 0 Supreme(Del) 769 • India - Delhi
PRADEEP NANDRAJOG, YOGESH KHANNA
of M/s Gian Singh Sukhdev Singh was the sole proprietary business of defendant No.1 - Source of funds to acquire the property in ... regarding the firm - It was claimed that M/s Gian Singh Sukhdev Singh being set up by the great grandfather of the appellant - Business ... of cause of action has to accrue - It would be open to the appellant to claim partition of the properties as devolving upon the legal ... The same shows that the #HL_START....
1952 0 Supreme(Pat) 120 • India - Patna
SARJOO PRASAD, V.RAMASWAMI
INCOME TAX - Succession to business - Whether there was succession to the business within the meaning of Sec.25(4), Income-tax ... as sole owner after dissolution of partnership did so as a different person from the firm. ... English law a partnership was not a single juristic person, the scheme of the Income-tax legislation treated the partnership as a legal ... The same business was however carried on t....
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