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Judgment Search Results Home > Cases Phrase: indian partnership act Court: punjab and haryana Year: 2013 Page 1 of about 341 results (0.045 seconds)

Jan 28 2013 (HC)

Present: Mr. Pawan Kumar Senior Advocate with Vs. the Punjab Agro Indu ...

Court : Punjab and Haryana

Decided on : Jan-28-2013

..... in the absence of specific authority to accept notice to any other partner. the legal effect of interplay of section 19 and section 22 of the indian partnership act has also been brought out in a decision of the madras high court in m/s. alagappa cotton mills, rajapalayam vs. indo burmah trading corporation ..... to bind partners cannot include a right of representation in arbitral proceedings without any notice. section 24 cannot be allowed to eclipse section 22 of the partnership act. there ought to be a harmonious construction with a full play of both provisions. the supreme court was actually considering a case where the liability for ..... of rajasthan (2005) 7 scc 30.to contend that a notice to one partner will bind the other partners as well, in view of section 24 of partnership act. the said decision spells out three circumstances when notice to one partner will bind other partners:- (a) notice must be given to a partner (b) ..... relevant statutory provision 3. the issue of whether the service of notice to one of the partners is sufficient could be seen from the textual reference to the partnership act itself. section 19 reads as follows:- 19. implied authority of partner as agent of the firm- (1) fao no.5066 of 2003 -4- subject to ..... that there is no implied authority for any one party to refer the matter to arbitration under section 19(2) of the partnership act and therefore, one of the partners kewal singh could not have a lawful authority to represent the other partners and submit to .....

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Aug 21 2013 (HC)

Santosh Devi Vs. Firm Raghubir Singh Kasera Gokal Bazar Rewari and Oth ...

Court : Punjab and Haryana

Decided on : Aug-21-2013

..... the cases was on the letter pad of defendant no.1 firm.19. section 45 of the indian partnership act, 1932 deals with the liability for acts of partners done after dissolution. it provides as follows:- 45. liability for acts of partners done after dissolution. (1) notwithstanding the dissolution of a firm, the partners continue ..... presumed to be continuing till notice is given of the dissolution. as per the specific provisions of section 45 of the indian partnership act, 1932 the liability of the partner of a registered partnership firm is not absolved till there is a public notice of dissolution of the firm. the substantial question of law which ..... arises in this appeal is decided accordingly.21. in this case even the partnership account in the bank was continued. defendants no.2 & 3, both have been signing as partners of defendant no.1 firm even after the date ..... which arises for consideration in this appeal is as follows:- whether in the absence of proof of any dissolution deed, a partner of a registered partnership firm can get absolved from the liabilities of firm?.16. the loan in civil suit no.499 of 1979 was advanced on 24.8.1976 ..... is as to whether on the above dates or afterwards whether jagan nath had been acting as partner of defendant no.1 firm or he has given notice to public or business world of his retiring from partnership of firm m/s raghubir singh kasera.17. admittedly, m/s raghubir singh kasera .....

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Jan 16 2013 (HC)

Present:- Mr. O.P. Hoshiarpuri Advocate Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : Jan-16-2013

..... no.1 is joint and several not only in terms of the agreement and the deed by the guarantor but in terms of statutory provision of section 25 of the indian partnership act, 1932. such aspect was clarified in appeal by the secretary, cooperation, punjab wherein it was observed as under: the bank has given the loan to the company through its partners ..... .07.2004 (p-2).learned counsel for the petitioners has argued that the liability of the petitioners is to the extent of 1/3 share each in terms of the partnership deed entered between the parties. since the petitioners have paid their share, they cannot be called upon to make payment of the remaining share of the other partners.we do ..... .02.2010 passed in revision by secretary, cooperation, punjab (p-3).the petitioners and one lalita goyal were partners of the firm m/s sai mohan das brick company. the partnership firm availed the cash credit limit of ` 4,80,000/- from ferozepur central cooperative bank ltd.ferozepur-respondent no.1. since the amount was not paid, therefore, in terms of ..... per the agreement executed by them with the bank. in view of the above, we do not find any jurisidictional error in the orders passed by the authorities under the act, which may warrant interference by this court. dismissed. (hemant gupta) judge (ritu bahri) judge january 16, 2013 g.arora/vimal .....

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Jan 22 2013 (HC)

Sarita Devi Vs. Suresh Kumar and ors.

Court : Punjab and Haryana

Decided on : Jan-22-2013

..... against the order passed by the court below rejecting application under order 7 rule 11. learned counsel for the petitioner submits that in view of section 69(2) of the indian partnership act, no suit could be entertained by the court below on behalf of unregistered firm. thus, application under order 7 rule 11 ought to have been accepted. i have heard learned .....

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Aug 21 2013 (HC)

Deepak Kumar Vs. Smt. Ranjna Rani and Another

Court : Punjab and Haryana

Decided on : Aug-21-2013

..... dated 9.4.2007 annexure p/3 was prepared between the parties, but the said partnership deed could not be acted upon because indian oil corporation (ioc) did not allow the plaintiff to run the filling station in partnership and therefore, the plaintiff is sole proprietor in possession of the disputed filling station. defendants controverted the version of the plaintiff and pleaded that as ..... per partnership deed annexure p/3, they joined as active partners of the disputed filling station with ..... the parties that licence for running the disputed filling station has been granted by ioc. however, ioc has not granted permission to the plaintiff to run the filling station in partnership with the defendants. consequently, the defendants cannot be allowed to run the filling station with plaintiff as partners.tiwana dalbir singh 2013.08.23 10:56 i attest to the ..... accuracy and integrity of this document. high court, chandigarh civil revision no.2392 of 2013 -3- in addition to the aforesaid, partnership deed annexure p/3 is also unregistered and therefore, on the basis of the same, the defendants cannot claim right to run the filling station. in view of the aforesaid .....

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May 01 2013 (HC)

“whether the Offences Under Sections 353 186 and 332 of the Vs. Stat ...

Court : Punjab and Haryana

Decided on : May-01-2013

..... criminal cases having overwhelmingly and pre- dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature ..... case and for the reasons aforestated, we allow this petition. fir no.13, dated 13.10.2010, under sections 148, 149, 332, 353, 186, 506 of the indian penal code, registered at police station titram, district kaithal, and all the criminal proceedings arising out of the said fir stand quashed. (paramjeet singh) judge may 01, 2013 ..... permission of the court. in respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction ..... at all. however, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the .....

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Mar 11 2013 (HC)

Present: Mr. Hemant Bassi Standing Counsel for Vs. Hemant Gautam and A ...

Court : Punjab and Haryana

Decided on : Mar-11-2013

..... case was registered. during the investigation, statements of devinder singh and charan singh were recorded, who had alleged that jaspreet kaur after entering into partnership with hemant gautam developed bad habits and had left her matrimonial home and though she was told to mend her ways, she did not agree. ..... deceased. statement of devinder singh, pw-4 is, however, exhaustive. he has stated that in july 2004 jaspreet kaur entered into a partnership with hemant gautam and a partnership deed was executed between them. according to him, after that relations between kuldeep singh and jaspreet kaur started deteriorating. he has stated ..... in this case. section 306 ipc requires some positive act on the part of the accused of having abetted suicide by the deceased. there is no such positive act in this case. it is a case where the wife for some reasons took up business in partnership with hemant gautam and despite the ..... her belongings. these things might have left the deceased depressed. however, this would not bring the case within the four corners of section 107 ipc, which defines abetment. in similar situation where the husband contracted a second marriage against the will of his firs.wife and his firs.wife ..... where he was found hanging to a ceiling fan on 02.06.2005. to prove the charge framed under section 306 read with section 34 ipc, the prosecution had examined nine witnesses. thereafter, accused were examined as provided under section 313 cr.p.c.wherein they have admitted that they .....

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Feb 04 2013 (HC)

Present:- Ms. Naiya Gill Advocate Vs. Goyal Electronic and Others

Court : Punjab and Haryana

Decided on : Feb-04-2013

..... the cheque in question was issued by the firm on 11.12.2004. in these circumstances, the petitioner, who had no concern with the partnership firm not had signed the cheque in question, cannot be made to face the criminal proceedings with regard to dishonour of the cheque in question ..... father of the petitioner died on 12.9.2005. since the petitioner did not want to continue with the said firm as a partner, the partnership firm was dissolved vide dissolution deed (annexure p-4) dated 24.3.2006. the cheque in question dated 11.12.2004 was neither signed ..... .c.in short) seeking quashing of criminal complaint no.2217-t dated 15.2.2005 under section 138 of negotiable instruments act, 1881 (in short 'the act') and under section 420 indian penal code, pending before the court of learned judicial magistrate, patiala. learned counsel for the petitioner has submitted that criminal ..... (o & m) -6- accordingly, this petition is allowed. criminal complaint no.2217-t dated 15.2.2005 under section 138 of the act and under section 420 of the indian penal code, pending before the court of learned judicial magistrate, patiala, and all the consequential proceedings, arising therefrom, are quashed. february 04, ..... misc. not m-7791 of 2011(o & m) -2- father of the petitioner was running a partnership firm in the name and .....

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Sep 30 2013 (HC)

Present: Mr.Balwinder Singh Advocate Vs. State of Punjab and Another

Court : Punjab and Haryana

Decided on : Sep-30-2013

..... without permission of the court. in respect of serious offences like murder, rape, dacoity, etc.or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at ..... 'the code') has been filed by dalip singh and another accused in fir no.20 dated 01.03.2012 for offence punishable under sections 304-b of the indian penal code registered at police station grp jalandhar seeking quashing of fir and proceedings emanating therefrom on the basis of compromise dated 27.06.2012 (annexure p17) and affidavit ..... hon'ble court has held that in respect of serious offences like murder, rape, dacoity etc.or other offences of mental depravity under ipc or offence of moral turpitude under special statutes like prevention of corruption act or the offences committed by public servant while working in that capacity, the settlement between the offender and victim can have no legal ..... all. however, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership davinder kumar or such like transactions or .....

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Sep 17 2013 (HC)

Present: Mr. A.P.S. Deol Senior Advocate with Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Sep-17-2013

..... he has stated that he in partnership with his sister's husband rajinder pal singh and one sukhdev kohli was running an oil factory situated on the back side of the house of accused/appellant ..... angrez singh versus the state of haryana, 1983(2) rcr441 this court reduced the sentence to already undergone in respect of offence under section 307 ipc read with section 27 of the arms act in view of the compromise. in authority ram pujan and others versus state of uttar pradesh, 1973(2) scc456also the hon'ble apex court ..... he was just a student at the time of occurrence. learned counsel further contended that he has been wrongly convicted under section 307 read with section 34 of ipc. the prayer has been opposed by the state counsel. i have considered the submissions made by counsel for both the sides and have also gone through the ..... of `1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month under section 307 read with section 34 of indian penal code. briefly stated, complainant raj kumar made a statement to the police that on 28.03.1995 at about 11.50 p.m.in his statement, ..... section 2013.09.23 13:30 i attest to the accuracy and integrity of this document crl. appeal no.588-sb of 2001(o&m) 2 307 of indian penal code. he was also sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of `500/- and in default of .....

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