Limitation Act, 1963, Article 5 -- Limitation - Suit for rendition of accounts - Period of limitation for filing suit for rendition of account is three years from the date of dissolution - Firm dissolved in the year of 1984 by virtue of death of a partner - Suit could only have been instituted within a period of three years from that event - Suit filed in the year 1996 is..........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Civil suit for rendition of accounts filed but said fact not disclosed in the complaint - If such fact had been disclosed, possibly summoning order might not have been passed - Complaint and summoning order quashed...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Suit for partition and rendition of accounts - Copies of bank statements and cheques etc. relating to bank accounts of father and mother of parties are necessary and relevant for deciding the suit - These documents will definitely help Court to at least arrive at the balance in bank accounts and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for rendition of accounts - Report - Objection was raised that slips produced by plaintiff were inadmissible in evidence - Once slips is proved to be in handwriting of Accountant, slips cannot be held to be inadmissible in evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7, Civil Procedure Code, 1908, Section 94 -- Joint family business - Suit for rendition of accounts - Order appointing Advocate Commissioner to take inventory of business conducted in joint family business and to take note of the accounts - Order upheld...........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Held, once composite suit restraining infringement of trade mark,..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Documents annexed with plaint and averments made in plaint prima facie..........
Civil Procedure Code, 1908, Order 20, Rule 16 -- Suit for rendition of accounts - It does not create or confer any substantive right to seek rendition of accounts in any particular type of cases, nor in all types of cases - It merely refers to a rule of procedure and would apply where there is an existing right to seek rendition of accounts having regard to relationship..........
Civil Procedure Code, 1908, Order 20, Rule 16 -- Suit for rendition of accounts - Appellant alleged that respondents have been purchasing cloth on credit vide various bills - Appellant failed to prove seller-Purchaser relationship between him and respondents - Appellant also failed to prove that any order was ever placed for purchase of cloth by respondent or any agreement..........
Partnership Act, 1932, Section 43, 53 -- Partnership at will - Dissolution - Does not require intervention of Court for its dissolution - Suit for rendition of accounts amounts to dissolution of partnership at will...........