Partnership Act, 1932, Section 69(1) -- Un-registered partnership firm - Recovery suit filed by one partner of unregistered partnership Firm against other partner is not maintainable, as rigours of S.69(1) of the Act would apply on such suit...........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by un-registered firm - Bar u/s 69(2) of Partnership Act will not come in the way of complainant in filing complaint u/s 138 of the Act...........
Partnership Act, 1932, Section 69(2) -- Suit by unregistered firm - Suit by unregistered firm in respect of statutory right or a common law right is not barred u/s 69(2) of the Act. 1998(2) Apex Court Journal 526 (S.C.), 2000(1) Apex Court Journal 373 (S.C.), 2007(1) Apex Court Judgments 340 (S.C.) : 2007(1) Civil Court Cases 487 (S.C.) followed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
Partnership Act, 1932, Section 69(1) -- Un-registered partnership firm - Once there is an agreement of partnership, unless it is registered, no suit can be maintained by the partners for enforcing any right accruing from such agreement...........
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...........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69 -- Dishonour of cheque - Complaint by unregistered partnership firm - Even an unregistered partnership firm can maintain a complaint u/s 138 of Negotiable Instruments Act...........
Partnership Act, 1932, Section 69 -- Partnership firm - Registration of partnership firm after filing of suit - Action to enforce right arising from a contract - Suit filed by unregistered firm is void ab initio - Subsequent registration will not cure initial and fatal defect...........
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..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by unregistered partnership firm - Bar u/s 69(2) of Partnership Act is not applicable to proceedings u/s 138 of NI Act...........
