News UpdatesLimited Liability Partnership (LLP) Can Form A Partnership Firm With An Individual Or Other Persons: Kerala High Court LIVELAW NEWS NETWORK8 April 2021 11:27 PMShare This – xThe Kerala High Court held that a Limited Liability Partnership can form a partnership with an individual or other persons.In this case, a partnership deed was executed between an individual and an LLP. Registrar of Firms refused registration of the partnership firm on the ground that a LLP cannot be a partner of a firm. This was challenged before the High Court contending that the LLP is…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Kerala High Court held that a Limited Liability Partnership can form a partnership with an individual or other persons.In this case, a partnership deed was executed between an individual and an LLP. Registrar of Firms refused registration of the partnership firm on the ground that a LLP cannot be a partner of a firm. This was challenged before the High Court contending that the LLP is liable to be treated as a person and there cannot be any objection for registering a partnership with an LLP which is a person.According to the Registrar of Firms, provisions of the Limited Liability Partnership Act 2008 are inconsistent with that of the Indian Partnership Act, 1932, pertaining to the liability. It contended that Section 25, 26 and 49 of the Indian Partnership Act makes the partners to be jointly and severally liable with all the other partners and also severally liable for the acts of the firm, of which such person is a partner. Under Section 28 of the LLP Act, the provisions regarding the liability of the partnership firm is restricted to the contents to the LLP agreement i.e. under the LLP Act, the liability of the partner is restricted only to the extent provided in the agreement; such a provision runs contrary to Section 25 and 49 of the Indian Partnership Act, Registrar stated. It was also contended that under LLP foreign investment is permissible whereas it is not permissible under the Partnership Act.”The liability of partners of LLP and liability of the LLP as a partner under the Partnership Act would be different. The liability of partners in an LLP cannot have any relevance when the LLP itself becomes a partner, when it would be bound by the provisions in the Partnership Act. The liability of the LLP would be as in the case a company which joins a firm after entering into a partnership.”, Justice PV Asha observed.The court further observed that Section 4 of the Partnership Act permits Constitution of a firm or partnership between one or more persons.”In this case the partnership deed was executed between an individual and an LLP which is a body corporate having a legal entity and coming within the definition of “person”. The individual liability of the partners of LLP would not be relevant when the LLP itself would have liability independent of the liability of the partners. Therefore, the difference in the provisions under the Partnership Act relating to liability of the firm or the individual partners would not stand in the way of constitution of a partnership with an LLP. Hence I find that LLP cannot have a disqualification from entering into a partnership with an individual or other persons.”, the court observed while directing the registrar to reconsider the request for registration within a period of one month.Case: Jayamma Xavier vs. Registrar of Firms [WP(C).No.25741 OF 2020]Click here to Read/Download JudgmentNext Story
December 1, 2000 Gary Blankenship Senior Editor Regular News Lawyers pick up seats in the Florida Legislature Lawyers pick up seats in the Florida Legislature Senior Editor At least 21 attorneys, two in the Florida Senate and 19 in the House, were chosen by Florida voters as state legislators in balloting November 7.The results mean, according to unofficial Bar figures, that for the 2000-2002 session there will be 29 attorneys in the House, since 10 were unopposed or won their seats in the first or second primary. That’s two more than the 1998-2000 term. For the Senate, there will be 13 lawyers serving, six who were in the middle of their terms, five who were unopposed and the two elected on November 7 — the same as in the 1998-2000 session.In state Senate races, lawyers won two of the four races they were in.In District 5, former Eighth Circuit State attorney and Democrat Rod Smith defeated Republican Dr. Bob Casey, a former state representative, 57 to 43 percent. In District 13, former state Rep. Victor Crist, a Republican, defeated attorney Kathy Castor 52 to 48 percent.In District 31, former state Rep. Debby P. Sanderson, a Republican, defeated attorney and Democrat John Gillespie 53 to 47 percent. And in District 35, attorney and incumbent Sen. Tom Rossin defeated Republican David Vaughan 61 to 35 percent. A Reform Party candidate garnered almost 5 percent in that race.According to an unofficial tally (it is possible some Bar member candidates were overlooked), Bar members were involved in 24 House races on the November ballot, and won 19 of those contests. (In one contest, both candidates were lawyers.)In District 5, Democrat and attorney Roy Lake was defeated by Republican Roy Brown 33 to 67 percent. In District 9, attorney and Democrat Loranne Ausley defeated Republican Manny Joanos 56 to 44 percent. In District 21, attorney and Republican Joe H. Pickens defeated Democrat Skeet Alford 56 to 44 percent. In District 24, attorney and Democrat Judy Johnson was defeated by Dennis K. Baxley 41.5 to 58.5 percent.In District 33, attorney and Speaker-designate Tom Feeney, a Republican, defeated Democrat Glenda Conley 59.5 to 40.5 percent. In District 36, Republican Allen Trovillion defeated attorney and Democrat Alana Brenner 51.5 to 48.5 percent. In District 37, attorney and Republican David Simmons defeated Democrat Ali Shahnami 70 to 30 percent.In District 40, Democrat and attorney Stuart Buchanan was defeated by Republican Andy Gardiner 45.5 to 54.5 percent. In District 41, attorney and Democrat Ali Kirk Mashayekhi was defeated by Republican incumbent Randy Johnson 32 to 68 percent. In District 48, attorney and Republican incumbent Gus Michael Bilirakis defeated Chris Gregg, with no party affiliation, 79.5 to 20.5 percent.In District 49, attorney and Republican incumbent Larry Crow defeated Democrat Sue Humphreys 52 to 48 percent. In District 62, attorney and Republican incumbent Johnnie B. Byrd, Jr., defeated Democrat John Wayne Clark 66 to 34 percent. In District 63, attorney and Republican Dennis A. Ross defeated Democrat Coy W. Castleberry 65 to 35 percent.In District 71, attorney and Republican Jerry Paul defeated a write-in candidate with nearly 100 percent of the vote. In District 73, attorney and Republican incumbent Bruce Kyle defeated attorney Maria Lara Peet, 62 to 38 percent (in apparently the only general election race where both candidates were lawyers). In District 74, attorney and Republican Jeff Kottkamp defeated a write-in candidate with nearly 100 percent of the vote.In District 82, attorney and Republican Joe Negron defeated a write-in candidate with nearly 100 percent of the vote. In District 85, attorney and Democrat incumbent Lois J. Frankel defeated Republican Cheryle A. Carpenter 63 to 37 percent.In District 92, attorney and Democrat John P. “Jack” Seiler defeated Republican Stephen M. Greep, Jr., 60.5 to 39.5 percent. In District 96, attorney and Democrat incumbent Stacy Ritter defeated Republican Joseph Kaufman 68.5 to 31.5 percent. In District 106, attorney and Democrat Dan Gelber defeated Mike Calhoun, with no party affiliation, 85 to 15 percent.In District 108, attorney and Democrat Philip J. Brutus defeated Republican Reginald Thompson 82 to 16 percent, with a third candidate getting 2 percent. In District 117, attorney and Republican incumbent Carlos Lacasa defeated a write-in candidate with nearly 100 percent of the vote. In District 119, attorney and Democrat Cindy Lerner defeated Republican Tom David 51 to 49 percent.
For all the Latest Sports News News, Football News News, Download News Nation Android and iOS Mobile Apps. Paris: Belgium became the first team to qualify for the 2020 European Championship finals as Romelu Lukaku scored twice in a 9-0 thrashing of San Marino in Brussels on Thursday, while the Netherlands needed a late comeback to beat Northern Ireland. Lukaku took his record Belgium international tally past 50 goals as Roberto Martinez’s Group I leaders opened up an unassailable 11-point lead over third-placed Cyprus with three games remaining. The world-number-one ranked side booked their spot at next year’s tournament, which will be played at 12 venues across Europe, after seven straight qualifying wins.Russia appear set to take the second automatic slot from the group, after a 4-0 win over Scotland moved them eight points ahead of Cyprus. Belgium will be one of the favourites as they look to lift a first major international title when the Euros get underway on June 12. “In my eyes, nine countries have the talent to win the Euro,” said coach Martinez. “What will make the difference is how you face adversity. It’s necessary to sacrifice yourself for your teammates.” Also Read | Italy overcome Bosnia-Herzegovina, Germany and France register wins in Euro 2020 qualifiersTheir victory at the King Badouin Stadium matched their record winning margin of nine goals, having previously beaten Zambia and Gibraltar 9-0 in 1994 and 2017 respectively and hammered San Marino 10-1 in 2001. “Nine-nil is a good result but we would have loved to have scored one more and broken that all-time record,” said Inter Milan striker Lukaku. The first breakthrough arrived when Leicester midfielder Youri Tielemans fed Lukaku, who fired home his landmark goal in the 28th minute. The floodgates then opened, as Nacer Chadli slotted into the corner from the edge of the area three minutes later, and visiting defender Cristian Brolli scored a comical own goal 10 minutes before the interval.Also Read | Euro 2020 qualifiers: France go on top of Group H with win over IcelandLukaku wasted little time in making it 51 Belgium goals, before Toby Alderweireld and Tielemans made it six before half-time. Substitute Christian Benteke drilled in number seven with 11 minutes remaining, 18-year-old Yari Verschaeren scored his first international goal from the penalty spot, and Atalanta defender Timothy Castagne completed the rout in the 90th minute. Dutch break Northern Irish hearts Memphis Depay’s late brace rescued the Netherlands a 3-1 win over Northern Ireland which sent Ronald Koeman’s men top of Group C. The Oranje, bidding to reach a first major finals since finishing third at the 2014 World Cup, are level on points with both Germany and Northern Ireland, who have played a game more, but lead on head-to-head record. Michael O’Neill’s visitors were dreaming of a first-ever away win over the Dutch when substitute Josh Magennis headed them in front with a quarter-hour to play. But Depay levelled in the 80th minute, and Luuk de Jong bundled the ball home at the back post in the first minute of injury time to deny Northern Ireland a crucial point before Depay grabbed his second.”We are devastated with the nature of the defeat,” O’Neill told Sky Sports. “We have to win our two remaining games, they are very difficult, Netherlands home and Germany away.” Russia sent Scotland tumbling to a fourth straight qualifying defeat which leaves the Nations League playoffs next March as the Scots’ only possible route to Euro 2020. Artem Dzyuba’s excellent double and goals from Magomed Ozdoev and Aleksandr Golovin mean Russia will qualify with a draw in Cyprus on Sunday. Croatia close on qualificationCroatia took control of Group E by beating Hungary 3-0 in Split, while Slovakia jumped into second despite being held to a 1-1 home draw by Wales. Luka Modric’s fifth-minute strike and two goals for Bruno Petkovic sent last year’s World Cup runners-up Croatia four points clear of third-placed Hungary. Slovakia fell behind in the first half when former lifeguard Kieffer Moore scored on his international competitive debut for Wales, but secured a draw thanks to Juraj Kucka’s brilliant 53rd-minute volley. Elsewhere, Robert Lewandowski netted a hat-trick, taking his tally this season to 18 goals for club and country, as Poland won 3-0 at Latvia to strengthen their position at the top of Group G. They sit three points clear of closest challengers Austria, who saw off Israel 3-1.
The former world number one looked to be on course for a straightforward victory after taking the first two sets 7-5 6-3.However a medical timeout for Wawrinka saw him return in much better form, and took the next two sets 6-1 6-4.Federer then took a timeout of his own, and he was able to prevail in the deciding set by 6 games to 3. It means Federer is now the oldest men’s Grand Slam finalist in over 45 years, and is one win away from a record 18th Grand Slam title.He’ll play either Rafa Nadal or Grigor Dimitrov in Sunday’s final.Earlier the Williams sisters both secured their place in Saturday’s women’s final.Serena strolled past Mirjana Lucic-Baroni 6-2 6-1, while Venus needed three sets to see off Coco Vandeweghe.Saturday’s match will be the ninth Grand Slam final between the pair and the first in nearly eight years.
Angels offense breaks out to split doubleheader with Astros Newsroom GuidelinesNews TipsContact UsReport an Error Jose Suarez’s rocky start sinks Angels in loss to Astros Dodgers’ Will Smith: ‘I feel like it’s been five years’ since his 2019 debut Angels’ Shohei Ohtani spending downtime working in outfield Absent any sophisticated specificity, then, we see a general trend toward more rest. A manager might hope that sitting his third baseman on Monday will make him more effective on Tuesday, but for now it is still a hope. The hard data to support that conclusion just isn’t there yet. This is more true for position players than pitchers, whose velocity, spin rate, and spin efficiency might offer clues about his health.Still, said one MLB pitching coordinator, there’s “still a lot of work to be done.”None of this will console the fan who came to the ballpark expecting to see his or her favorite player, only to learn he got the day off because he’s played 20 games in a row. Maybe 20 games is a bit too ambitious for 2019.Cal Ripken Jr. famously holds the record for most consecutive games played, with 2,632. That record will never be broken. Entering the 2020 season, the active leader in consecutive regular-season games played is Kansas City Royals outfielder/second baseman Whit Merrifield.Merrifield has played 247 consecutive games. Harvard-Westlake alum Lucas Giolito throws no-hitter for White Sox The same goes for the bottom of every batting order. Only four and a half players per team, on average, received enough plate appearances in 2019 to qualify for the batting title. The rest of a lineup is more of a rotating cast than ever. Except when it comes to the best of the best players, managers and general managers seem content to divide their team’s workload at the cost of individual accolades.What’s going on?Injuries are partly to blame. The number of days lost to the injured list (formerly the disabled list) shot up 24 percent among position players in the last year, according to Spotrac. For starting pitchers, IL days lost increased by 4 percent.Something else is at work, too. It’s tied directly to the collection of analytical data by major-league front offices. The specifics differ from team to team, but the end result is the same: The days of the 250-inning starting pitcher, or the batter who plays all 162 games, “are gone,” said Dr. David Altchek, an orthopedic specialist with the Hospital for Special Surgery in New York.“There’s not going to be a sudden reversion,” Altchek said. “We have our highest-paid players not playing. It’s ridiculous.” Welcome to MLB’s era of “load management.” The hottest buzz phrase in the NBA has been part of baseball’s fabric forever, if not its lexicon. Take the five-man starting rotation. This built-in system of rest has been the norm for generations of pitchers. Ask Danny Ozark about Steve Carlton’s “load management,” however, and he might assume you said stevedore by mistake.The change has really taken hold among position players – and not just back-of-the bench substitutes. Some degree of load management has become the norm, even among stars. In the last 11 seasons, four position players won a Most Valuable Player award while playing fewer than 140 games. That equals the number of sub-140-game MVPs from 1964 to 2008, excluding strike-shortened seasons.“Load management is probably another term for recovery,” Altchek said. “Just like any athletic endeavor, or your own training, if you go too hard too often, you start to go backwards instead of forwards. Baseball season is very long and very repetitive. It’s a challenge because you have to let these athletes recover. Nobody has a scientific measure of how much recovery they need, or don’t need. We tend to base it individually on past history.”Altchek went on to make an important distinction. Teams are collecting plenty of biomechanical data on their players these days. The proliferation of wearable tech has provided reams of information about the forces baseball players exert swinging a bat and throwing a ball. This is more true for minor leaguers than major leaguers, whose union prohibits teams from collecting certain data without the player’s permission.The question guiding baseball’s load management movement is what to do with all that data. Nestled in Altchek’s quote is a rather damning conclusion: teams are still relatively clueless.“Everyone’s more in a measurement phase than an execution phase,” he said. “Nobody really knows yet. We’re more in a data-collection phase, the first inning of this sport science phenomenon.”Related Articles In 1998, a record 96 pitchers qualified for an earned-run average title. Major League Baseball had just expanded to 30 teams. There were more players, and more pitchers, than ever. In the years that followed, the number of ERA qualifiers – pitchers who threw at least 162 innings in a season – hovered in the eighties and nineties.Then after the 2014 season, a funny thing happened. Qualifying for an ERA title became somewhat rare. Only 78 pitchers qualified in 2015, then 74, then 58. By 2018, MLB had only 57 qualifiers or fewer than any individual season from 1901 to 1944 (when there were only 16 teams!).This coincided with a similar trend among position players. To qualify for a batting title, a hitter must make 3.1 plate appearances per team game. The trend line since 1998 isn’t as steep or as steady. Still, from 2018 to 2019, the number of batting-title qualifiers fell from 141 to 135 – the lowest number since 1992, the final season of the 26-team era.On a fundamental level, this forces us to think differently about what to expect when we watch a baseball game. It’s long been true that a starting pitcher isn’t expected to complete all nine innings, save for rare occasions. Now it’s also true that only two pitchers per team on average will throw 162 innings in a season. The Angels, in an extreme example, saw only one pitcher (Trevor Cahill) throw even 100 innings in 2019. For many clubs, the idea of using a consistent third, fourth and fifth starter over a full season is a chimera.
New Delhi: Indian Space Research Organisation (ISRO) chief K Sivan on Thursday said that Chandrayaan 2 orbiter is doing very well. Speaking to media, Sivan said, “All payload operations have commenced, it’s doing extremely well. We have got no signal from lander but orbiter is working very well. A national-level committee is now analysing what really went wrong with the lander.” Adding further, Sivan mentioned, “Maybe after the committees submit the report, we’ll work on the future plan. Necessary approvals and other processes are required. We are working on that.” Also Read – India gets first tranche of Swiss account details under automatic exchange framework Chandrayaan-2’s Vikram Lander had an unsuccessful landing on moon’s south pole as just moments before the landing, ISRO lost connection with it. The Indian space organisation had earlier said that it would keep trying for 15 days to establish contact with the Vikram lander but so far it hasn’t been able to. However, even after Chandrayaan-2 didn’t have a successful landing on the moon, ISRO said its mission’s 95% objectives have been completed since it was able to successfully place Chandrayaan-2’s orbiter into moon’s orbit which has state-of-the technology and will keep performing its experiments on the moon. Also Read – Trio win Nobel Medicine Prize for work on cells, oxygen The mission didn’t face any problem till the time it was about to land on the moon, hence, the orbiter’s life which earlier was projected for just a year will now be able to work for 7 years. Therefore, it will keep performing experiments using the latest technology. Chandrayaan-2 is India’s second moon mission. The Vikram Lander was supposed to land on the moon and roll out the rover ‘Pragyan’.(With inputs from DNA)
New Delhi: Deputy Chief Minister of Delhi, Manish Sisodia attended the International Conference on Children’s literature — Adaab-e-Atfaal: Simt-o-Raftar, organised by the Urdu Academy in the city on Thursday. At the event Deputy CM felicitated authors of Urdu literature and released a set of 25 books. According to a report Sisodia in his address spoke about the need to improve the quality of children’s literature and the conditioned mind set it imposes on its young readers. He said, “While writing stories for children, we should make sure that we understand their minds first. Understanding ‘baal mann’ is the need of the hour. Writing about fairy tales gives false hopes to our children, we are also instilling distorted mind sets in them. Beautiful princess stories make the child think that external beauty is required to be loved in society. Hence, we can see the demand for fairness creams among youngsters”.