Court : Mumbai
Decided on : Mar-18-2013
..... causes at bombay by the respondents/original plaintiffs invoking section 41 of the presidency small causes courts act, 1882 alleging that the respondents/original plaintiffs are a partnership firm registered under the indian partnership act, 1932. the partnership firm is the owner and landlord of the building known as ??baldota bhavan ? . a portion ..... possession of the suit premises and once they have acquired another property. it is clear that the suit has been instituted by a partnership firm and a suit can be instituted by the partners in the name of their firm. the procedural aspects have also been complied ..... /original plaintiffs, submits that the suit in this case was clearly maintainable. the suit was filed by the original plaintiffs, which is a partnership firm. in law, a firm cannot be seen de-hors its partners. therefore, the suit can be filed in the name of a ..... be borne in mind. the interpretation of the provisions of code of civil procedure must be in consonance with the basic principles of the indian constitution. ? 39. in the light of these pronouncements, there is absolutely no necessity of deciding any wider question and in the context ..... they are a ??diplomatic mission ? , then, they are covered by the term/word ??foreign mission ? appearing in section 3(1)(b) of the maharashtra rent control act, 1999. mr. madon submits that the term ??foreign mission ? , ??international agencies ? and ??multi-national companies ? are grouped together, because there is an international .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Jan-29-2013
..... award of majority of arbitrators was upheld limited to the point of declaration that the partnership firm stood dissolved and rest of the award was set aside. [i] the partnership deed contains clauses, which read as follows:- "13. the partnership shall be governed by tall provisions of the indian partnership act, save and as otherwise provided that the firm shall not be dissolved by reasons of ..... the letters patent appeal no.51/2002 as modified in review application no.8367/2003, present applicant mr. vitthal phadke was permitted to operate the license "till the dispute regarding partnership is decided by the court". this review order is dated 7.4.2003. 9] much water has flown down the bridge between 2003 till october 2012 when the judgment in ..... done at page no.34, namely:- "we, therefore, hold that the respondent no.1 prabhakar wable alone is entitled to claim renewal of license from the authorities independent of the partnership firm, if same is otherwise permissible in accordance with the law." (quoted from paragraph no.24 of the judgment in lpa 146/2012 page no.34 of the ca 321 ..... no.8367/2003 in letters patent appeal no.51/2002 and maintained in the hon'ble supreme court, would govern the arrangement only until the question as to existence of partnership was to be ruled by courts and not any further. 14] in the result, the argument that the judgment suffers from error apparent on the face of record only represents .....Tag this Judgment!
Court : Mumbai Goa
Decided on : Mar-05-2013
..... was not a partner of m/s. ranum d. p. loundo and co. the tribunal also found that the partnership was in existence in the year 1950 without noting that the partnership firm is stated to be a partnership firm duly registered under the indian partnership act, 1956 as can be found from the cause title in case no. rent/arc/5/1994. it is common ..... knowledge that the said act was not in force in the year 1950. though the tribunal has noted that in the ..... his vehicles and therefore he is liable for eviction under section 22(2)(i) of the said rent control act. the contention of the respondents essentially was upon the fact that the petitioner had sublet the suit premises in favour of the partnership firm m/s r. d. p. loundo. it is further their contention that in view of the fact that ..... was incumbent upon the authorities below to ascertain as to whether the parking of the vehicles of the partnership firm m/s r. d. p. loundo would result in subletting within the meaning of section 22(2)(b)(i) of the rent control act. 11. in the judgment reported in 1987(3) scc 538, in the case of helper girdharbhai v/s .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-20-2013
..... pleadings following issues came to be framed by justice ganoo on 13th august, 2008 which are answered as follows: issues1. do the plaintiffs prove that plaintiffs is a partnership firm registered under the indian partnership act?yes2. if answer, to issue no.1 is in the negative whether the suit is maintainable?not required to be answered3. do the plaintiffs prove that the termination ..... entitled to receive and the defendant would be bound to pay reasonable expenses on account of that much construction under section 70 of the indian contract act which runs thus: 70. obligation of person enjoying benefit of non-gratuitous act. ?? where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other ..... .4. hence this issue is also not required to be answered. issue no.8 20. the plaintiff has not given notice u/s.164 of the maharashtra co-operative societies act, 1961. the plaintiff had to construct the society building. the business of the society is not to construct the building. the business of the society is for residential purpose since ..... of the suit agreement?notrequiredto be answered8. do the defendants prove that the suit is not maintainable for want of notice under section 164 of the maharashtra co-operative societies act, 1961?no9. what order?as per final order.3. the plaintiff has examined himself and another witness who has sought to corroborate the plaintiff's evidence. the defendants have not .....Tag this Judgment!
Court : Mumbai Goa
Decided on : Mar-01-2013
..... him the valuation done is exorbitant apart from the fact that the same does not meet the requirements of valuing the assets as contemplated under the partnership act. the learned counsel further pointed out that the valuer has valued the assets considering what would be the costs of putting up such construction as ..... the amount which has been shown by the learned arbitrator is in accordance with the terms of the partnership act and whether there is any infraction in complying with the provisions of section 48 of the partnership act, is contended by shri thali, learned counsel appearing for the respondents. on perusal of the impugned judgment ..... justified to award interest at the rate of 12% per annum as according to him even in the partnership act, the interest which the partner is entitled on account of his share in the partnership assets is much on the lower side. the learned counsel as such submits that in any event considering ..... the learned judge has rightly complied with the principles of law governing the right of the partners in terms of the partnership act, no interference is called for in the impugned judgment. the learned counsel further pointed out that the provisions of section 48 of the ..... apex court has observed at para 5 thus: ??5. it seems to us that looking to the scheme of the indian act no other view can reasonably be taken. the whole concept of partnership is to embark upon a joint venture and for that purpose to bring in as capital money or even property including .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-19-2013
..... and to the profits attributable to the use of that share. hence he is entitled to have accounts u/s.37 of the partnership act. it was held that the right of the legal representative is not right to share in the profits of the dissolved ..... sole arbitrator under the notice dated 10th october, 2011 upon the contention that the agreement between the parties to arbitrate is in writing under the aforesaid partnership deed. it is contended that that written agreement shall be proved by the applicant by secondary evidence of the oral account of the contents of the ..... such notice that the respondents have produced the earlier original notice given by six partners to respondent nos.1 and 2 on 6th march, 1998. the partnership deed as also the arbitration clause therein has thus remained nebulous and anomalous. 16. the specific statutorily mandate for reference of a dispute to arbitration is ..... document given by him u/s.63 (5) of the indian evidence act, 1872. section 63 (5) which sets out one of the modes in which secondary evidence can be led runs thus : 5. ??oral accounts of ..... mandate allowing a party to prove a written arbitration agreement by oral evidence of its contents by secondary evidence as specified in section 63(5) of the indian evidence act would be to legislate another sub section which the court cannot do. 29. in view of the legislative mandate taking evidence for such purpose is ruled .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-11-2013
..... for petitioners that in the consent terms filed by the sidhwas and karanjawala, it was agreed that they would not have any claim in partnership firm m/s mercantile corporation. it is submitted that case of the first respondent that mrs karanjawala was sole surviving partner of m/s mercantile ..... .gokal and co. is not party to this proceedings. mr balsara submits that since 1973, m/s g.v. gokal and co. a partnership firm is in possession of 4 units of 3rd and 4th floor under various agreements entered into with mercantile corporation. it is submitted that the said ..... to the petitioners. learned senior counsel submits that since occupants are already in possession prior to the death of the deceased, section 192 of indian succession act would not be attracted to. application for exercising powers under section 192 and 193 can be exercised only if application has been made bonafide ..... criminal complaint already having been filed by the petitioners against the first respondent. mr andhyarujina, learned counsel submits that under section 317 of the indian succession act, it is duty of the executor to submit inventory within six months from the date of obtaining probate which inventory shall be in respect ..... clear that the respondent nos. 1 and 2 on the one hand were acting as executors and trustees under the will and codicil of the said deceased and had disclosed the share of the said deceased in the partnership firm mercantile corporation which was owner of the said building mercantile house and .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-04-2013
..... judgments with regard to the niceties, intricacies of section 69(3) or its exception under section 69(3)(a) of the partnership act but which, in view of the fact that the application cannot be maintained under section 11(6) of the arbitration ..... the respondents that in view of clause allowing retirement of a partner, the partnership would not be at will, despite clause 6 of the partnership deed between the parties and that consequently the dissolution by the ..... parties is upon the notice to dissolve the partnership at will and hence the application, for dissolution of accounts and for the share in the property of the partners and consequently registration of the firm is not required under section 69(3) (a) of the partnership act, 1932. it is argued on behalf of ..... . the applicants have applied for appointment of a sole arbitrator on the premise that no number of arbitrators is mentioned in clause 29 of the partnership deed which is the agreement relating to arbitration entered into by and between the parties. indeed the clause does not have the specification of the ..... these presents shall be referred to arbitrators one to be appointed by each party to the difference in accordance with and subject to the provisions of the indian arbitration act, 1940 ? ...... 3. the applicants have claimed that they have sought arbitration with regard to the dissolution of the firm, its accounts and their share .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-10-2013
..... dealership agreement specifically debars the partners having a dealership from taking up any other employment. the sole arbitrator also found that unauthorizedly a deed of partnership had been entered into. the sole arbitrator, in consequence, upheld the termination of the contract and also came to the conclusion that the contract ..... of specific performance being terminable by its very nature. in holding so, the sole arbitrator relied on the judgment of the supreme court in indian oil corporation limited vs. amritsar gas service and others (1991)1-scc-533) holding that a contract which is by by its very nature ..... a judgment and order of a learned single judge dated 25 march 2013 on a petition under section 34 of the arbitration and conciliation act, 1996 (`the act'). the respondent was a dealer of the appellant in pursuance of a dealership agreement dated 20 april 1992. on 9 may 2003, the ..... reason or justification to enlarge the scope of interference in respect of an arbitral award in exercise of the jurisdiction under section 34 of the act. the parties were before the arbitral tribunal. the respondent did not lead oral evidence. the burden to substantiate its claim by tendering a sufficient ..... determinable cannot be the subject of specific performance in terms of section 14(i)(c) of the specific relief act. the sole arbitrator also rejected the claim for damages on the ground that the termination of the agreement was valid; the respondent having committed .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-03-2013
..... for cultivation. they cannot be alienated save and except after complete compliance with law, namely, section 43 of the btal act. that they were brought in as an asset of a partnership firm comprising of non-agriculturists is primarily alleged. that the tenant himself was roped in as a partner for money and ..... of the petitioners by the predecessors of the present complainants. it is only to deal with that submission and relying on section 202 of the indian contract act that we had to clarify the matter and in the above words. beyond that our order should not be construed as any final opinion or ..... are of such nature that they confer the title and absolutely in the petitioners. in other words, the argument based on section 202 of the indian contract act, at best, can be said to be argument in defence. but, in this case, reading of the complaint prima facie discloses that the case ..... counsel appearing for the petitioners in criminal writ petition no.1792/2012, has also submitted that this is a case where section 202 of the indian contract act, 1872 is clearly attracted and in that behalf he relied upon a judgment of the division bench of the gujarat high court delivered in first ..... he had made the false documents dishonestly and in the latter case fraudulently. in either case he committed forgery, within the meaning of s.463 of the indian penal code. 10. ? ........but in the present case, the appellant clearly secured an economic advantage by making the false documents by (i) saving the .....Tag this Judgment!