seven partners of the firm only four partners, named in para 7 shall
be the active partners and the working partners. It is therefore
submitted ... stated that out of the seven partners, the four partners
named therein shall be the active and working partners. Now if para 7
is considered
partnership deed on record. It shows that the present petitioners
are sleeping partners in the firm. One Vallabhbhai Hirabhai Patel is
active partner ... working or sleeping partners in the firm. Section 17(1) of the Act
Page 3 of 7
R/CR.MA/12984/2008 JUDGMENT
provides
Tribunal erred in holding that the deceased was a sleeping partner and his name was inducted for the purpose of adjustment for income tax purposes ... said firm is neither logical nor legal. The status of a sleeping partner, even if it is presumed to be so, would not have
also stays in U.S.A. and
entered as sleeping partner in the said Firm w.e.f 19.10.1987 as can
be seen from ... harassment to the petitioners and even petitioner No.2 being
sleeping partner and was not in day-to-day management of the Firm,
no vicarious
petitioners. He would further submit that the present
petitioners were the sleeping partner in the restaurant
business with the deceased and since loss was arrived ... partners in the "Taste Takatak
Restaurant" and were sleeping partner alongwith deceased.
Since the loss has been occassioned in the partnership
business
Mehta appearing for the
applicant submitted that the applicant is a sleeping partner /
investor in the Firm named - Infinity Research and
Development and didn ... applicant that he is a
"sleeping" Partner in the Firm and is not involved in the day-
to-day affairs of the Firm
before this Court contending inter-alia that
as such applicants were sleeping partners of original accused No.1
partnership firm and that they were ... dated 26.04.2002 by
further observing that whether the applicants were the sleeping
partners and/or whether they were in day to day affairs and
management
firm. It is further submitted
that the petitioners are sleeping partners as per Clause
4 of Partnership Deed and were not in charge ... replies filed by the
petitioners stating that they are sleeping partners and
not taking active part in the firm, certain averments
were added
applicants submits that the
applicant Nos.1 & 3 are the sleeping partners in partnership firm which
was ran and managed by his elder ... Joshi, learned
advocate for the applicants that the applicants are sleeping partners is
accepted, then also the applicants are the recipients of financial benefits
have taken a
specific defence that they are sleeping partners and had joined in
the partnership firm only for the purpose of taking benefit ... concerned, they are lady
partners and according to him, they are sleeping partners. In
support of that, he has shown copy of the partnership deed
