Court : Andhra Pradesh
Decided on : Jun-15-1994
Reported in : AIR1995AP49; 1994(2)ALT375
..... entitlement, he is entitled to interest at the rate of six per cent per annum in the property of the firm. section 37 of the indian partnership act, also says that in the case of an outgoingpartner, he is entitled to such share of the profits made since he ceased to be a ..... utilising his share without paying the consideration for which it was sold, then he is liable to account. section 37 of the indian partnership act corresponds to section 42 of the english partnership act, 1890.17. lord lindley defined the share of a partner in the following manner: 'what is meant by the share of ..... 1scr781 and the judgment of the madras high court in 1944 (1) mlj 191 (sic).16. there is no judgment under the indian partnership act directly on the issue, section 37 of the partnership act deals with the rights of an outgoing partner in certain cases. if a partner sells his share to the other partner-and the ..... the share of the plaintiff is arbitrary, as it has no nexus to the date of retirement of the partner. counsel submits that under the indian partnership act, in case of retirement of a partner, the relevant date for the purpose of ascertaining the value of the share of the partner is the ..... is what is the relevant date for the purpose of ascertaining the value of the share of the plaintiff in the partnership firm.9. in this context, sections 37 and 48 of the indian partnership act may be relevant to some extent. section 37 deals with the rights of an outgoing partner in certain cases to share .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-18-1994
Reported in : 1994(3)ALT669
..... till it was dissolved on 1-12-1978 on which date it was reconstituted and given the new name 'sri mahalakshmi dall mill' under ex. a-4-partnership deed dated 1-11-1978 with madanlal, hemraj and tulasidevi as its partners. sri mahalakshmi dall mill continued the business of running the gopalakrishna dall mill under ..... contract was alive and continued to be in force. he placed before me various decisions in support of his contentions both of the english and the indian courts and also took me through the evidence on record to establish how the stand taken by babu rao in his plaint was not supported by the ..... 1. he came to the court with unclean hands. he is, therefore, not entitled to the equitable relief of specific performance under section 20 of the act, (specific relief act, 1963).'42. i have already found that babu rao came up with a false case that he did not pay the balance of rs. 15,000 ..... the plaint schedule property except for 696 square meters, but also because, under ex. b-20 proceedings of the competent authority under the u.l.c. act, defendants 1 to 8 had to surrender vacant land in excess of their ceiling limits, and therefore there was a legal bar for the sale of the ..... there was no legal necessity to sell the plaint schedule properly and that the consideration was low and inadequate and that the 1st defendant as guardian did not act prudently. the learned subordinate judge held against the 8th defendant on the issue framed in this regard (issue no. 2) i.e., 'whether the suit .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-30-1994
Reported in : 1995(1)ALT14
..... of the respondents 1 to 3 it is stated that it has been uniform practice to take into consideration the eligibility criteria and qualification of the partnership as that of the individual partners. that statement seems to be correct. even the fourth respondent understood the said requirement quite correctly and produced experience ..... basic in nature and after an objective consideration of different options available taking into account the interest of the state and the public, then court cannot act as an appellate authority by substituting its opinion in respect of selection made for entering into such contract. but, once the procedure adopted by an ..... persons. a man making his will may, subject to any rights of his dependants, dispose of his property just as he may wish. he may act out of malice or a spirit of revenge, but in law this does not affect his exercise of his power. in the same way a ..... decision. within the bounds of legal reasonableness is the area in which the deciding authority has genuinely free discretion. if it passes those bounds, it acts ultra vires. the court must therefore resist the temptation to draw the bounds too tightly, merely according to its own opinion. it must strive to ..... in paragraphs 17, 18, 19 and 20 observed thus:'17. it is true that by way of judicial review the court is not expected to act as a court of appeal while examining an administrative decision and to record a finding whether such decision could have been taken otherwise in the facts and .....Tag this Judgment!