Partnership Act, 1932, Section 63, 64 -- Alteration in the register of firm - If it is in conformity with the statement and documents produced then no proceedings for cancellation or deletion of entries already made can be initiated - As per provision of S.64(2) the proceedings for rectification of mistake can be initiated by the Registrar only on application made by all..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - A dispute regarding rendition and settlement of accounts amongst partners of firm which has been dissolved - As per petitioner, bank cheques retained by complainant-respondent during tenure of business of partnership concern, a false..........
Arbitration and Conciliation Act, 1996, Section 9(ii)(c), Partnership Act, 1932, Section 12 -- Partnership firm - Dispute referred to arbitrator - During pendency of objections against award, one partner restrained from interfering in day to day working of partnership firm - An active partner has a right to participate in the conduct of the business of the partnership firm..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by a partnership firm dishonoured because of `death of partner' - Ground on which cheque was dishonoured does not fall within the purview of Section 138 of the Act - Accused acquitted...........
Civil Procedure Code, 1908, Section 89 -- Cases suitable for ADR process are : (i) All cases relating to trade, commerce and contracts, including (a) disputes arising out of contracts (including all money claims); (b) disputes relating to specific performance; (c) disputes between suppliers and customers; (d) disputes between bankers and customers; (e) disputes between..........
Negotiable Instruments Act, 1881, Section 138, 141 - - Dishonour of cheque - Partnership firm - Held, a partnership firm can very well be prosecuted for an offence punishable u/s 138 of the Act, simplicitor independently and without its partners being proceeded against along with the firm with aid of S.141 of the said Act...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Vehicle purchase - Partnership firm - Merely because vehicle has been purchased by a partnership firm, it cannot be said that the vehicle in question was purchased for any commercial purpose because it was neither intended to be resold with a view to earning any profit, etc. nor for running..........
Consumer Protection Act, 1986, Section 2(1), 2(d), 2(m), Partnership Act, 1932, Section 69 -- Complaint maintainability - Unregistered firm - Held that the institution of a complaint by the partner of a firm in the name of the firm did not suffer from any disqualifications as the 'person' defined u/s 2(1) (d) (m) of the CP Act includes firm whether registered or not...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(1)(a) -- Death of tenant - After death of father (tenant), both the sons became tenants and started running business in partnership - Held, merely because one of the sons was doing independent business along with partnership business, it could not be said that there was any sub letting...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Fixed deposit - Refund - Maturity value - Petitioner shown as Partner in the original Partnership Deed and being a partner would be liable to pay the amount as awarded by the Fora below to the respondent - Since the respondent had invested his money in Fixed Deposits in the originally constituted Firm of which the..........
