1971 (1) TMI 4

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.... J.--By an agreement dated July 21, 1945, two brothers, Dady and Minoo, entered into a partnership to carry on the business of wholesale merchants and in foreign liquor in the name and style of " Jer and Company " at Agra. Dady obtained in 1945 a licence from the excise authorities under rule 574 of the U. P. Excise Rules for wholesale vending of foreign liquor. The licence was renewed every year.....

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....vered by the licence in contravention of clause 13 of the licence, that the licence had been granted from 1945 in the same form as for the assessment years under consideration, that the particulars carried on the business of wholesale merchants in addition to that of vendig liquor wholesale, that the partnership deed was for sharing the profits alone and on that account the there was no violation ....

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....er of the licence : it merely provides that the licence shall not be sub-let or transferred. Since there is no prohibition against entry by the holder of the licence to a partnership the question whether this a partnership was illegal does not arise. The firm was entitled on that account to registration. It is somewhat unfortunate that the attention of Commissioner and the High Court was not invit....