Court : Rajasthan
Decided on : Jan-08-2007
Reported in : RLW2007(1)Raj598
..... filed a civil original suit in the aforesaid court on 12.1.1981 inter-alia pleading that the plaintiff firm is a registered partnership firm under the indian partnership act, 1932 (in short 'the act') and it has three partners namely hazari lal, babu lal and smt. shanti devi. it carries on business of commission agent ..... aforesaid discussion, it is held that the suit as filed by the respondent was partly barred under section 69 sub-section (2) of the partnership act but was partly not barred and consequently the decree passed by the trial court as confirmed by the high court is held to have remained well ..... aspect of the matter.10. learned counsel for the respondent has contended that the objection with regard to the non-registration of the partnership firm is a mixed question of law and unless this question is raised, enquired into and decided, the provisions of sub-section (2) of ..... air1960ori123 and raptakos brett & co. ltd. v. ganesh property : air1998sc3085 .6. i have carefully considered the rival submissions. section 69(2) of the act which deals with the effect of non-registration of the firm reads as under:69(2)- no suit to enforce a right arising from a contract shall be ..... 000/- as special costs, the trial court framed five issues including the issue no. 2 pertaining to the registration of the plaintiff firm under the act. the trial court after taking evidence of both the parties and affording opportunity of hearing, decreed the suit. the appeal preferred from the said judgment .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-16-2007
Reported in : (2008)14VST139(All)
..... in collaboration with ms. eastern oceanic, for export of taps and water fittings outside india. the company was formed styled as ms. eastern oceanic, and was duly registered under the indian partnership act. vide certificate of registration no. b.82507, dated 02-08-1972 issued by the registrar of firms, bombay, government of maharastra at bombay, and whereas the company registered under the ..... indian partnership act is a legal body, having correlation with the principals.3. whereas due to difficulties involved in export procedure the principals of the second part, are unable to obtain foreign orders, ..... & co. (supra), state of tamil nadu v. vinyl cable industries (supra), madras high court held that there is no requirement in law that the agent must disclose the name of indian principal in respect of the transactions which were entered into with the foreign buyers to establish that the sale was in fact export sale. it has been held that where ..... disclosure of the principal does not have any effect whatever in the real nature of the contract between the agent and the other contracting party. section 232 of the contract act further provides that where an agent contracts with another party without disclosing his own principal's name, the principal can obtain performance of the contract by the other party only .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-18-2007
Reported in : 2007(3)ALD679
..... c.m.p. no. 824 of 1991 was filed praying for reception of the certified copy of the certificate of registration under section 69 of the indian partnership act, 1932 (hereinafter for short referred to as 'the act') issued by the registrar of firms, a.p., hyderabad, as additional evidence. the counsel would maintain that inasmuch as on a technical ground, the suit was ..... learned counsel also would point out that originally the suit was instituted in individual name and in the light of the objection taken, the same was amended as representing the partnership firm and inasmuch as the defect was rectified by virtue of an amendment, the amendment would relate back to the date of the institution of the suit and hence, the ..... paras 12, 13, 14 and 15 of the judgment and came to the conclusion that the plaintiff failed to comply with the mandatory provisions of section 69(2) of the act and the suit is barred by virtue of the said provision. however, while answering issue no. 1, the learned judge observed that the plaintiff has proved that it had paid .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-24-2007
Reported in : 2007(5)ALD162
..... defendant cannot change the state of things during the pendency of the suit. in virendra dresses v. varinder garments : air1982delhi482 , it was held that under section 69(2) of the indian partnership act, 1932 a suit to enforce a right arising from a contract against a third party is barred unless the firm is registered and the application of bar under section 69 ..... . p.w.1 is the managing partner of the plaintiff-firm and d.w.1 is the defendant in the suit.10. the bar of section 69(2) of the indian partnership act, 1932 in the context of the maintainability of the suit had been argued in elaboration and both courts recorded certain findings in this regard and on appreciation of the language ..... argued in elaboration by the learned counsel representing the appellant is as hereunder:whether the suit is maintainable in view of the bar imposed by section 69(2) of the indian partnership act, 1932? 3. the unsuccessful defendant in both the courts below preferred the present second appeal. the respondent herein - the plaintiff sri gopalakrishna rice mill, gudur, represented by its managing partner ..... (2) of the act aforesaid does not extend to the enforcement of rights not arising from contract. section 69 of the indian partnership act, 1932 reads as hereunder:effect of non-registration:-(1) no suit to enforce a right arising from a contract or conferred .....Tag this Judgment!
Court : Delhi
Decided on : Feb-01-2007
Reported in : 2007(1)ARBLR288(Delhi); 137(2007)DLT401; 2007(95)DRJ55
..... to complete the transaction begun, but unfinished at the time of dissolution. this is so provided in section 47 of the indian partnership act, 1932. while dealing with section 47 of the indian partnership act, 1932, the hon'ble supreme court held that the word 'transaction' in section 47 refers not merely to commercial ..... to third parties to the fullest extent, for the debts and liabilities incurred prior to dissolution, and, subject to section 47 of the indian partnership act, 1932, in respect of liabilities incurred even thereafter. thereforee, merely to say that there are outstanding liabilities to the tune of rs. 50 ..... in the way of the arbitral tribunal in issuing interim direction of the kind that it did.20. section 48 of the indian partnership act, 1932 states that in settling the accounts of a firm after dissolution, various claims are to be settled in the order of ..... arbitral tribunal, primarily, on the ground that the said order is contrary to section 48 of the indian partnership act. the submission is that the claim before the arbitral tribunal is for dissolution of the partnership businesses between the parties and unless the accounts are taken and all the debts and liabilities of ..... the question that arises for consideration is; has the arbitral tribunal, while passing the interim directions, proceeded under section 48 of the indian partnership act, 193224. in my opinion, the answer is plainly in the negative. the stage for settlement of accounts has not yet arrived. .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-02-2007
Reported in : 139CompCas807(AP); (2007)2CompLJ493(AP)
..... also born out of recognition of equitable considerations generally. this is particularly so as section 35(6) of the english partnership act, 1890, also contains, inter alia, an analogous provision for the dissolution of partnership by the court. section 44(g) of the indian partnership act also contains the words 'just and equitable.'section 433(f) under which this application has been made has to be ..... faith and confidence in one another. clause 5 of ex.a-5 partnership deed narrates that the partnership of pec is a partnership at will. i, therefore, hold that it is a fit case for directing dissolution of the firm pec on just and equitable ground under section 44(g) of the indian partnership act.'9. on issue no.5 relating to the pendency of o ..... .s.no.616 of 1983 before the i additional judge, city civil court, hyderabad, the suit being for dissolution of partnership and rendition of accounts, the company judge held that the pendency of that suit ..... read with section 443(2) of the act. under the latter provision where the petition is presented on the ground that it .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-06-2007
Reported in : 2007(2)ALD667; 2007(3)ALT480
..... counsel for the petitioners, submits that according to the provisions of the indian partnership act (for short 'the act'), the 1st respondent has no discretion, except to act upon the application filed under sections 60 and 63 of the act. he contends that the act does not contemplate any enquiry, in the matter of causing entries, or ..... 1st respondent initiated any action, on misapplication, the 2nd respondent addressed a letter, dated 26-10-2005, stating that he never retired from the partnership firm, and that the alleged letter of retirement is a fabricated one. it was in this context that the 1st respondent expressed his inability, ..... the prescribed form, to the 1st respondent, to cause necessary alterations in the registers, consequent upon the retirement of the 2nd respondent, from the partnership firm. the grievance of the petitioners is that instead of acceding to the request, the 1 st respondent has issued letter, dated 13-2- ..... rs. 30 crores, from the government, and that the same are pending.2. according to the 2nd petitioner, the 2nd respondent retired from the partnership firm on 3-9-2005, and that he has not only addressed a letter, to that effect, but also has authorized him to take ..... act, even if there is a strong denial by the affected party, would amount to reducing the power, the exercise of which is to result in serious consequences, to an empty formality. it is in this context that the information furnished by the 2nd respondent that he did not retire from partnership .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-08-2007
Reported in : (2007)147PLR632
..... in my considered opinion, does not detract from the validity of the notices exs.d-3 and d-4, sections 45 and 47 of the indian partnership act, 1932 were rightly considered by learned first appellate court, while discarding the arguments. i find no reason to differ with the findings returned by ..... 4 upon which postal seal of m.o. is appended?(v) whether the lower appellate court has completely overlooked the mandatory provisions of the partnership act while allowing the appeal of the defendant as well as while setting aside the judgment of the trial court vide which a preliminary decree ..... alter the nature of receipts. in response to the argument that the respondents affixed their signatures on the income tax returns, as also on the partnership deed, it is contended that as these were statutory requirements, the respondents had no option but to affix their signatures. it is further argued ..... decree dated 24.9.1996, the first appellate court, set aside the judgment of the trial court. the first appellate court held' that the partnership stood dissolved with effect from 21.11.1988. accordingly, it directed modification of the preliminary decree, as drawn up by the trial court.5. counsel ..... of business? opp4. after the parties led evidence, the learned trial court vide its judgment and decree dated 22.12.1994 held that the partnership stood dissolved on 21.4.1991 and directed the drawing up a preliminary decree. aggrieved, by the aforementioned judgment, the respondents, filed an appeal .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-15-2007
Reported in : 2007(3)ALLMR780; 2007(2)BomCR587; 2007(3)MhLj402
..... to collect market dues upon a given piece of land is a benefit arising out of land within the meaning of section 3 of the indian registration act, 1877. a lease, therefore, of such right for a period of more than one year must be made by registered instrument. a ..... public notice on 14th may, 2005 a claim was filed by the 11th respondent. the respondent no. 11 is a company incorporated under the indian companies act and whose directors are the members of the family of respondent no. 10. pursuant to this, correspondence was exchanged on one hand between the ..... consideration, the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 (hereinafter referred to as the act, 1963 apart from the specific relief act. under that act, a local act, there is an obligation cast on the owners of the land to convey not only the ..... 72. in that case the issue was whether a building or engineering contract could be specifically performed considering section 12(c) of the specific relief act. the court held that compensation in money would be adequate remedy. in dave ramshankar jivatram v. bai kailasgauri : air1974guj69 , what was in consideration ..... 1998 bom.170. the issue before the division bench of this court was consideration of explanation to section 16(c) of the specific relief act. that explanation requires that the plaintiff must aver performance of or readiness and willingness to perform the contract according to its true construction. the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-20-2007
Reported in : AIR2007MP153
..... the partners for the duration of their partnership or for the determination of their partnership, the partnership is 'partnership at will'.40. dissolution by agreement - a firm may be dissolved with the ..... the death or retirement of a partner will not dissolve the partnership and the same will be carried on by the surviving partners or by taking the successors of the deceased partner as partner as per mutual agreement.13. sections 7 and 40 of the indian partnership act are quoted below:7. partnership at will.- where no provision is made by contract between ..... . shri imtiyaaz hussain, learned counsel with shri rohtash babu patel, for respondents has submitted that in view of section 7 and section 40 of the partnership act and clear provision in the agreement that partnership can be dissolved 'by mutual agreement of the partners', clause 11 of the agreement provides that even on death of partner, there is no cessation ..... /s. antique stores, bombay bazar, khandwa. plaintiff has come with the case that on 1-9-1971 a partnership firm was constituted, it was duly registered under the provisions of the partnership act, 1932 (hereinafter referred to as the act). initially the partnership was entered between shivalal, father of the plaintiff and rishi kumar, rishi kumar was elder brother of the plaintiff .....Tag this Judgment!