Showing : 41-50 of 90 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Partnership Act, 1932, Section 69(2)-- Plaintiff transferring all his assets and liabilities to Partnership firm - Suit for recovery by plaintiff in his personal capacity - Not maintainable - Plaintiff cannot file suit in his personal capacity - He had no subsisting exclusive right to enforce liability against defendants since all his..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Partnership Act, 1932, Section 69(2)-- Scope - Bar of Section 69(2) applies to a suit for enforcement of right arising from a contract entered into by the unregistered firm with a third party in the course of business dealings with such third party - If the right sought to be enforced does not arise from a contract to which the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Partnership Act, 1932, Section 69(2)-- Proprietor contributing all his assets and liabilities to the partnership firm - Partnership firm unregistered - Suit by unregistered firm for recovery of dues which defendant owed to proprietor is maintainable as contract was not one entered by unregistered firm with a third party nor was it one..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Rendition of accounts-- Right of - Available only when relationship between the parties is such that the rendition of accounts is the only relief which will enable the plaintiff to satisfactorily assert his legal right - It is available to a partner of a firm for dissolution of partnership firm and accounts, suit by..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Partnership Act, 1932, Section 69, 63-- Partnership firm - Registered - Inducting a new partner - Changes in the constitution of the Firm do not change registration once made - Fresh registration need not be applied and obtained - However, changes made have to be notified to the Registrar u/s 63(1) of the Act - Default made by firm in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Partnership Act, 1932, Section 44(d), Civil Procedure Code, 1908, Order 20, Rule 15-- Suit for rendition of accounts - Managing partner if stated in evidence that firm has been dissolved and fresh partnership is constituted, it amounts to dissolution by notice on the date of deposition - Court can grant relief of dissolution of firm even if plaintiff has not asked for it and order..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - First suit filed by wife of deceased partner claiming her own independent right as legal heir of deceased partner - Second suit by daughter of deceased partner for a declaration that she is entitled to 1/4th share of the deceased's interest in the partnership firm as..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Partnership Act, 1932, Section 69-- Partner - Forcible breaking lock of shop of partnership firm and taking away certain articles lying therein - Suit for damages - Such suit is not a suit for enforcing right arising out of contract or for enforcing a right conferred by Partnership Act - Such suit is essentially a suit for damages..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Partnership Act, 1932, Section 69-- Unregistered partnership firm - Suit by - Registration of firm during pendency of suit - Bar under S.69 does not apply...........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Railways Act, 1989, Section 93, Partnership Act, 1932, Section 69-- Non delivery of goods - Suit for damages by unregistered partnership firm - Suit can be filed even by an unregistered firm since liability of Railway is one u/s 93 of Railways Act and not on basis of contract with firm...........

Showing : 41-50 of 90 Results