Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Partnership Act, 1932, Section 42(c), 37 -- Partnership firm - Death of one of partners - Clause in the partnership deed evincing clear intention to continue partnership on death of a partner and manner of calculating the dues - Ss.42(c) & 37 of the Act, have no application in view of said clause - Thus, consequential direction for dissolution of firm and settlement of..........
Partnership Act, 1932, Section 44 -- Partnership - Dissolution of partnership firm - Clause in partnership deed of referring all the matters of difference between the parties to arbitrator - Held, arbitrator has power to decide whether or not the partnership shall be dissolved and to award its dissolution...........
Arbitration and Conciliation Act, 1996, Section 7, 8 -- Dissolution of partnership and rendition of account - Petitioner filed an application for referring dispute to arbitrator on the ground that partnership deed contains stipulation that in matter regarding interpretation of deed or any other matter relating to the affair of the firm it shall be referred to the..........
Arbitration Act, 1940, Section 8, 22, 23 -- Partnership firm - Suit for dissolution of partnership firm and rendition of accounts - Other partners sought reference of dispute to Arbitrator in view of arbitration clause in partnership deed - Held, matter cannot be referred to Arbitrator - In a suit for dissolution of partnership and rendition of accounts, the matter is to..........
Partnership Act, 1932, Section 14, 40, Transfer of Property Act, 1882, Section 5, 54 -- Property of partner of a firm used in business of firm - Partnership firm dissolved - Property of partner does not become property of firm merely on permitting it to be used in business of firm - In absence of valid deed of transfer of property to firm, it continues to be the property..........
Registration Act, 1908, Section 17, 49 -- Partnership firm - Dissolution - Property of firm vesting in one partner who held in on his highest bid - Held, document cannot be said to be sale deed as it is arrangement between the partners in regard to the partnership property on dissolution or otherwise as such is not required to be registered...........
Partnership Act, 1932, Section 69(3), Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Shop - Possession of firm that of a licensee - One of the partners of dissolved firm seeking possession of shop on basis of clause in partnership deed that in case of dissolution or discontinuation of business of firm the premises shall vest in him - Held, suit is..........
Civil Procedure Code, 1908, Order 40, Rule 1, Partnership Act, 1932, Section 43 -- Partnership firm - Mode of dissolution of partnership firm - Clause in partnership deed showed that partnership was not at will - Notice given by plaintiff - Partner could not result in dissolution of partnership - His application for appointment of receiver liable to be dismissed - Further..........
Indian Partnership Act, 1932, Section 69, Arbitration Act, 1940, Section 8 -- Unregistered partnership deed - Containing arbitration clause - Petition u/s 8 of the Arbitration Act by a partner for appointment of an Arbitrator for dissolution of firm and for accounts - Petition is maintainable...........
