Arbitration and Conciliation Act, 1996, Section 5, 8 -- Reference to Arbitration - Allegation of fraud - Suit for declaration - Allegations relating to forgery and fabrications related to partnership business subject matter of Arbitration - Moreover, allegations of fraud are not of such a serious nature that those necessarily constitute criminal offences, nor are so..........
Arbitration and Conciliation Act, 1996, Section 5, 8 -- Reference to Arbitration - Maintainability - Different subject matter of suit - Disputes as to leasehold rights and those relating to the partnership business emanating from the partnership deed containing the arbitration clause are completely distinct and separate from each other and can easily be segregated -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by one partner to the other towards his share/profit in the firm - Profit or share in a partnership firm is not a debt of one partner to the other - Both the partners in the firm are in the capacity of owners - Owners of the firm, partners are jointly and severally liable - If for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-impleadment of Sole proprietary - Accused running a Sole proprietary concern - It was neither a partnership firm nor a company nor any other association of persons - Provision of S.141 of the Act thus, not applicable - Complaint lodged against accused in his capacity as sole proprietor of Sole..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint containing sufficient description of (i) the nature of the partnership; (ii) the business which was being carried on; (iii) the role of each of the accused in the conduct of the business and, specifically, in relation to the transactions which took place with the..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Dispute arisen between parties emanating from partnership deed - Both the partnership agreements are between same parties and have identical arbitration clause - Retired Judge of Himachal Pradesh appointed as Sole Arbitrator subject to declaration being made u/s 12 of the Act and ability..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 24 -- Dishonour of cheque - Notice - Partnership firm - Notice to a partner is also a valid notice to the firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - In a partnership firm all the partners are personally liable to discharge liability of the firm in their individual capacity as well as under vicarious liability...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Rent and eviction - Bonafide requirement - Starting of joint business with uncle and later on withdrawing from partnership of that joint business - Does not fall within the purview of word `vacating of non-commercial premises'...........
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...........
