Showing : 211-220 of 542 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 8, Partnership Act, 1932, Section 44-- Partnership - Dissolution - Arbitration clause - Arbitration clause qua dispute inter se the partners - Held, such a clause does not include the dissolution of partnership deed - Question of dissolution can be decided by Arbitrator only if the arbitration clause so provides...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 8, Partnership Act, 1932, Section 44-- Partnership - Dissolution - Arbitration clause - Dissolution sought on just and equitable ground and not as per terms of partnership deed - Matter cannot be referred to arbitrator...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2008
Details
Partnership Act, 1932, Section 69(2)-- Partnership firm - Provision of S.69 Partnership Act is mandatory - A partner of an erstwhile unregistered partnership firm cannot bring a suit to enforce a right arising out of a contract falling with the ambit of S.69 of the Act...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2008
Details
Partnership Act, 1932, Section 69(2)-- Partnership firm - Suit is not maintainable - Includes the plea that suit is not maintainable u/s 69 of the Partnership Act - Plea that suit is barred u/s 69 of the Act is legal one and when plea is taken that suit is not maintainable then plaintiff is not taken by surprise as he is well aware of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Sleeping partner - No averment in complaint that petitioner is responsible for the conduct of business of the firm - Petitioner not signatory of cheque - Non compliance of S.141 of the Act - Compliant, summoning order and subsequent proceeds qua the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Prosecution of a partner of a firm - Partner alleged to be active in the business of the firm - It cannot be said that ingredients of S.141 of the Act are lacking - Such partner can prove at trial that he was not responsible for conduct of business of the..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 8, Rule 10-- Written statement - Non filing within time fixed - Pronouncement of judgment - Court to go into maintainability of suit particularly when suit is instituted by a firm and this fact is brought to the notice of Court that suit by un unregistered partnership firm is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Haryana Liquor Licence Rules, 1970-- Excise Policy for the year 2008-2009 - L-1 license - Partnership firm eligible for L-1 license only if it is holder of L-2 license - L-2 license held by partners of the petitioner firm in their individual capacity and their contribution in individual capacity was much less - Partnership firm..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Partnership firm - Consisting of two partners - Cheque signed by both the partners - Complaint against firm and both the partners - No pleading in complaint that at the time the offence was committed both the partners were incharge and responsible to the firm for the conduct..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Partnership firm - Pleading as to requirement of S.141 of the Act - Held, complaint has to be read as a whole - If the substance of the allegations made in the complaint fulfills the requirements of S.141 of the Act then complaint has to proceed and is required to be tried..........

Showing : 211-220 of 542 Results