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...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - No averments in plaint that plaintiff partnership firm is registered firm - In absence of firm registration certificate and tenancy agreement, without ascertaining existence of privity of contract, Trial Court has wrongly taken plaint on file by giving go to S.69(2)..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purpose of quashing particularly the offences arising from commercial, financial, mercantile, civil, partnership or such type of transactions - High Court may quash criminal proceedings, if in its..........
Partnership Act, 1932, Section 69 -- U, registered partnership firm - Sale by one partner of property belonging to firm without consent of other partners - Other partners seeking cancellation of sale - Basis of suit whether co-ownership or factum of partnership - Clause 25(d) of the Partnership deed states that "no partner of the firm shall without the consent in writing..........
Rent and eviction -- Sub-letting - Stranger engaged in the shop and paid 50% labour charges - It is either a case of partnership or sub-letting - Moreover such stranger not examined to substantiate the version that he was engaged by tenant as his worker - Tenant is liable to be evicted on the ground of sub letting...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Legal principles applicable to Managing Director of a company apply with equal vigour in case of Managing partner of a partnership firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Firm and Managing Partner arrayed as accused - Non inclusion of two more partners who are alleged to be responsible and in charge of business of the partnership firm at the time of committing the offence - Held, no, inclusion of other partners as accused would not lead to the..........
Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of Managing partner during pendency of suit - Suit does not abate on death of one of the partners during pendency of suit - Question substituting heir and legal representative of the partners does not arise - Death has no impact on suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Issue as to whether partnership firm was tenant - For proper adjudication of said issue firm and all its partners allowed to be impleaded suo motu by Court...........
Rent and eviction -- Sub-letting - Tenant sub-let the premises in question to his so, i, law for doing business under a partnership agreement - No consent in writing was obtained by tenant from landlord before sub letting the premises - Occupation of shop by so, i, law of tenant amounts to sub-letting and liable for eviction - Order of eviction passed against tenant along..........
