Court : Kolkata
Reported in : (1991)2CALLT399(HC)
..... counsel appearing for the petitioner, therefore, points out that when admittedly there was no such contract between the parties that any of the partners can be expelled from the partnership then expulsion is in excess of the jurisdiction and beyond the scope of agreement, that the arbitrators cannot take upon themselves burden nor can do things which the parties could not have ..... . i am unable to accept the contention of mr. gupta that the court has power in a similar circumstances in case of breach of agreement of partnership by a partner to order his expulsion. the partnership act does not confer such power upon the court. if under the agreement a majority of the partners expelled a partner then the partner who has been ..... the firm within 30 days from the date of the award.'30. before me as i have already indicated mr. p. k. roy the learned counsel challenges this award of expulsion of the petitioner from the partnership, as an award which is contrary to law. i have already indicated that mr. roy has pointed out that when there was no provision for ..... the decision of the arbitrators themselves and not a case of a specific question of law being referred by the parties to the arbitrators that in case of breach of partnership agreement, the arbitrators should order the expulsion of concerned partner.40. in that view of the matter, i am convinced that even if in the statements of claim the partners demanded .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1981AP410
..... defendants there is a provision for arbitration in case of dispute of any nature among the partners and so if the plaintiff felt aggrieved by the expulsion from the partnership, his remedy was only to seek arbitration and as such he had no right to commence a legal proceeding and much less to claim any ..... to stay the proceedings and particularly in cases where there are allegations of fraud and the question raised is also one relating to the expulsion of the plaintiff-respondent from the partnership of the 1st defendant-firm. according to the plaintiff, the suit involves determination of subtle points of law and allegations of fraud ..... fraud and misrepresentation. it is also the case of the plaintiff that he has been expelled from the partnership by a resolution and in the suit he has questioned the validity of his expulsion from the partnership firm by the other partners. the first prayer in the suit is for a declaration that the resolution ..... . it was alleged that he is ignorant of any clauses to that effect in the deed of partnership and that the second defendant played fraud on him and got introduced the clause relating to the expulsion of the partner. it is undisputed that the other 3 partners of the firm are kith and kin ..... facts and circumstances of the case, held that in view of the fact that the suit is for a declaration that the expulsion of the plaintiff from the partnership firm was illegal and void and since the plaintiff alleges that he was not aware of the clauses inserting .....Tag this Judgment!
Court : Chennai
Reported in : AIR1955Mad171
..... business of which she was a partner being conducted improperly. on these facts therefore it appears to us that the principle laid down in section 37, partnership act is attracted and notwithstanding that the unlawful expulsion of the plaintiff does not in law bring about a dissolution of the old firm, the plaintiff is entitled to relief on a similar footing. we ..... earlier date. 6. it is contended by learned counsel for the appellant that in the circumstances of the present case namely the purported expulsion of the plaintiff, and the appropriation of the entire assets of the partnership after this purported expulsion by the other partners for a new venture of their own the rule laid down by the privy council in (a) cannot ..... of the pleading the partnership stood dissolved only by the decree of the court and that the plaintiff though as a partner till that ..... apply and that on the other hand the principle of the rule embodied in section 37. partnership act, would apply according to which the plaintiff would be entitled to at her option to interest or profits from the date of her purported expulsion. but it is argued by mr. viswanath'a aiyar learned counsel for the respondents that on the basis .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1994KAR2826; 1994(4)KarLJ476
..... expulsion is impermissible in law in respect of joint family partnership. he has made several allegations against the petitioners, which are not relevant for the purpose of this revision.4 ..... in four months and audited accounts will be filed in trial court once a year after accounts are audited.3. as and when the petitioners draw the money from the partnership account equivalent to their respective shares, the petitioners will deposit respondents' share to the extent of 25% in the court below and the withdrawals by the petitioners and deposit in ..... in relation to, the authority of the petitioners to expel the respondent from partnership which is stated to be of a joint family and the right of the respondent to continue as partner despite such expulsion and his right to receive his share of profits from the date of such expulsion. any matter, if it is in dispute, anterior to the date of ..... under law ?3. whether the opponents are not liable to account from such date of alleged expulsion and continue to pay the petitioner his share of profits, etc.?3. the respondent has filed the aforesaid application for reliefs aforesaid, as the petitioners have unilaterally expelled him from the partnership m/s p. balasubba setty & son without his knowledge and consent and such .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(3)ALD446
..... contract between them, and that power is exercise bona fide. the partnership deed admittedly does not contain a clause relating to expulsion of partners from the firm. for that reason and since the resolution of majority of the partners expelling the second petitioner ..... exs. b1 to b19 were marked on behalf of the respondent. none of them relate to expulsion of the second petitioner from the firm. as per section 33 of the partnership act, which relates to expulsion of a partner, majority of partners cannot expel a partner unless such power is conferred by the ..... filed writ petitions in this court and tried to stall the running of the theatre, and the second petitioner having misappropriated the amounts of the partnership, created promissory notes and got suits filed by the creditors and those suits were dismissed against respondents after contest by them and decrees were ..... to show that second petitioner was put on notice of his alleged expulsion from the firm.6. the finding recorded by the trial court is that inasmuch as the partnership is at will and since there is no clause in the partnership deed to continue the firm even after the death of one ..... case of the respondents is that they expelled the second petitioner from the firm. issue no. 1 framed by the trial court relates to the expulsion of the second petitioner. the finding of the trial court is that inasmuch as no resolution of the partners expelling the second petitioner from the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT
Reported in : (1984)7ITD227(Bang.)
..... pinto (sons of the deceased) and (5) mrs.beatrice pinto, who stepped into the shoes of mrs. deanna lobo to form a fresh partnership. this partnership deed provided for payment of 25 per cent of the net profits to mrs. margaret pinto before the division of profits between the partners. the ..... statutory, the only further question is whether [there has been an overriding title. the payment was made by virtue of the provision in the partnership deed itself. there cannot, therefore, [be any doubt that the payment is in the nature of diversion of overriding title even as held in ..... account had not been settled. neither the quantum of payment nor the genuineness has been questioned in the assessment orders. section 37 of the partnership act provides as under : where any member of a firm has died or otherwise ceased to be a partner and the surviving or continuing ..... claimed that mrs. margaret pinto was entitled to her share of partnership assets and share of goodwill even in the event of retirement. 'expulsion', even if justified, cannot defeat her legal rights over the assets, including the goodwill, of the partnership firm. from 1-4-1975, she had ceased to be a ..... partnership deed stipulates to the same effect. there is also a fiduciary'responsibility on the part of the erstwhile co-partners to ensure pecuniary compensation in absence of settlement of accounts. since there is nothing brought on record to suggest that 25 per cent share which is the same as she had prior to her 'expulsion .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1995)111PLR571
..... 1.1.1973 was executed. he further deposes that the plaintiff never raised any objection to the formation and continuation of the new partnership. the said new partnership was being assessed to the income-tax. the defendant has deposed in support of his contention that the plaintiff declined to make the ..... partners wanted to take advantage of certain licence in respect of salt issued to the firm. in context of that, their lordships observed that the partnership would not stand dissolve because one of the two partners forcibly expelled the other partner from business. in respect of that proposition, reliance was ..... the manner in which it was done by the defendant by forming a separate partnership firm by taking some other partners. in support of that, reliance was ..... expelled by the other partner. here, the case is not of an expulsion of a partner, but a specific stand is taken by the defendant that by tacit consent, the plaintiff withdrew from the partnership and defendant had to enter into new partnership.9. on behalf of the appellant, a case reported in sohanlal pachisia ..... 4.1972. the said partnership business was also carried in the name and style as 'messrs delhi fruit company'.8. in the context of the above factual position, it was submitted on behalf of the appellant that the partnership would not come to an end by an expulsion of a partner in .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1976Cal459
..... for explaining his conduct, unless the other partners are tribunal to decide whether an event has happened justifying his expulsion'. (lindlay on partnership, i3th edition page 445). in : air1954pat53 , ram narayan v. kashinath jagnarain, it has been observed that section 33 of the ..... , shankar bose road, calcutta-27. subsequently the place of business of the film was shifted to 87 chowringhee road, calcutta-20.4. the partnership was a partnership at will and the share of each partner was one fourth in the business of firm. each of the partners contributed rs. 2,500/- ..... danger of being wasted, misused and dissipated and as such a receiver should be appointed immediately for taking possession, custody andmanagement of the said partnership business and its assets and income during the pendency of the suit.12. the defendants filed an objection to plaintiff's petition for appointment of ..... partnership act only applies where the power of expulsion has been reserved in the articles of partnership and where the power has been exercised in good faith by all the partners whose concurrence might be necessary under the articles of partnership.23. in (1910) 1 ch d ..... 495, green v. howell the fact in short was that in the deed of partnership .....Tag this Judgment!
Court : Delhi
Reported in : 1998IIIAD(Delhi)487; 72(1998)DLT761; 1998(45)DRJ403
..... short the act) prescribes the modes and procedure for dissolution of a firm. it was neither pleaded in the written statement nor proved on the record that the partnership working under the partnership deed dated 10.5.73 had been dissolved, when and what happened to its assets and liabilities. no documentary evidence has been produced. under section 40 dissolution requires ..... has also not been given. it is thus not proved that the partnership which was constituted and registered and which carried on business under ..... of ingoing or out-going partners or dissolution of a registered partnership, has to be sent to the registrar of firms. such intimation is also not proved to have been given by the alleged new partnership constituted on 20.4.74. public notice of retirement, expulsion or dissolution of a registered partnership in the prescribed manner required under section 72 of the act ..... partnership deed dated 10.5.73 was dissolved or alleged new partnership constituted on 20.4.74 .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 136ITR762(MP)
..... of sections 187 and 188 of the act, we may refer to the provisions in the partnership act on the incidents of partnership.7. chapter v(sections 31 to 35) of the partnership act refers to the effect of introduction, retirement, expulsion and insolvency of a partner on the partnership subject to contract between the partners. it may be useful to refer to the note ..... income of a firm which had discontinued its business on account of dissolution'. while dealing with section 44, the court observed as under (p. 827):'under the ordinary law governing partnerships, modification in the constitution of the firm in the absence of a special agreement to the contrary amounts to dissolution of the firm and reconstitution thereof, a firm at common ..... of death, retirement, dissolution or admission of new partners, is now regulated by section 154 of the income and corporation taxes act, 1970. in the case of such change, the partnership is deemed to be permanently discontinued at the date of change and the cessation and commencing provisions are applied as from such date.'13. after considering the expressions 'change in ..... on the special committee on chap. v of the partnership act. we may reproduce the portion relevant for our purpose :'as result of .....Tag this Judgment!