Rent and Eviction -- A tenancy is creation of contract between two persons who are capable to enter into contract called lessor/landlord and lessee/tenant - Two persons can be either living person or juristic person such as partnership firm or a company...........
Arbitration and Conciliation Act, 1996, Section 8 -- U, registered partnership firm - Arbitration clause in Retirement deed and Partnership deed - Dispute concerning unregistered partnership deed can be referred to arbitration as there is no statutory restriction...........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - One of the defendants not party to arbitration agreement - It cannot be said that merely because one of the defendants was not party to the arbitration agreement, the dispute between the parties which essentially relates to the benefits arising out of Retirement Deed and Partnership deed cannot..........
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 as partner of plaintiff firm in..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Rejection - Dispute between parties are primarily a dispute between partners of firm - Allegation against accused is that he had taken away income tax files relating to partnership business from advocate when he was not authorized to do so at all - Petitioner was aware about identity of..........
Specific Relief Act, 1963, Section 14, 20 -- Agreement to release rights in u, registered partnership firm by a partner in favour of another partner - Is specifically enforceable...........
Partnership Act, 1932, Section 69(1), Specific Relief Act, 1963, Section 20 -- Suit for specific performance of an agreement to release rights in an unregistered partnership firm by one partner in favour of another partner - Suit is not hit by S.69(1) of Partnership Act, 1932...........
Specific Relief Act, 1963, Section 20 -- Decree for specific performance - Dissolution of partnership firm on account of death of a partner does not affect the rights conferred under the decree to get specific performance of agreement for release of rights in u, registered partnership firm by a partner in favour of another partner...........
Civil Procedure Code, 1908, Order 40, Rule 1, Partnership Act, 1932, Section 44 -- Appointment of receivers - Dissolution of partnership firm - For protecting partnership business plaintiff and defendant No.1 appointed as receivers to look after day-to-day affair of business in just and convenient manner - Act of exclusion of co-partner from rightful interference and..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Partnership firm - Cheque issued individually by accused/Managing partner from his own account maintained with his bankers - Partnership firm was not in any way associated with cheque in question and therefore, not at all a necessary party to be arraigned as an accused in complaint - Complaint..........
