Showing : 1-10 of 90 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Offence by u, registered Partnership Firm - Applicability of bar u/s 69(2) of Partnership Act - Action u/s 138 of the Act is not a suit to enforce a right arising out of a contract - S.138 of the Act is a penal provision - Bar u/s 69(2) of Partnership Act does not operate in..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 9, Partnership Act, 1932, Section 69-- Jurisdiction of civil Court - Suit by a partner of an unregistered firm subject to exception u/s 69(3)(a) of Partnership Act is barred in a civil Court...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by law - Partition suit - Property of partnership firm - No averment in plaint that partnership firm in dispute has been dissolved, debts and liabilities have been settled and nothing remains towards liability of firm to be settled - Since suit property is the property..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, 115-- Execution - Auction of property on failure of husband to pay maintenance - Property purchased by wife - Application by wife for delivery of possession - Respondent opposed application claiming to be auction purchaser through DRT - However, perusal of records shows that specific plea taken by..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Partnership Act, 1932, Section 69(2)-- Money suit - Suit by registered partnership firm - Maintainability - Certificate of registration of plaintiff-company proved during trial - Firm being a registered partnership firm, entitled to sue and enforce its right arising out of a contract by or on behalf of any person showing as a partner..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2)-- Rejection of plaint - No averments in plaint that plaintiff partnership firm is registered firm - In absence of firm registration certificate and tenancy agreement, without ascertaining existence of privity of contract, Trial Court has wrongly taken plaint on file by giving go to S.69(2) of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Partnership Act, 1932, Section 69-- U, registered partnership firm - Sale by one partner of property belonging to firm without consent of other partners - Other partners seeking cancellation of sale - Basis of suit whether co-ownership or factum of partnership - Clause 25(d) of the Partnership deed states that "no partner of the..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 30, Rule 4-- Suit by partnership firm - Death of Managing partner during pendency of suit - Suit does not abate on death of one of the partners during pendency of suit - Question substituting heir and legal representative of the partners does not arise - Death has no impact on suit...........
KERALA HIGH COURT
Year of decision: 2016
Details
Partnership Act, 1932, Section 69(2), Negotiable Instruments Act, 1881, Section 30, 37-- Suit for recovery of money, by unregistered partnership firm, on the basis of dishonoured cheques - Suit not barred u/s 69(2) Partnership Act as liability is sought to be enforced created under the Negotiable Instruments Act and not on the original cause of action...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Partnership Act, 1932, Section 63, 69-- Partnership firm - Suit against registered firm - Reconstitution of firm - In the instant case, it is admitted that even as on date, Registrar of Firms not acted upon application made by defendant to include as partner of plaintiff firm in register of firms - Therefore, as his name does not figure..........

Showing : 1-10 of 90 Results