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 7, Rule 11 -- Rejection of plaint - Plea that suit is barred u/s 69 Partnership Act - When suit is vexatious or when there is plea that suit is barred by law, Court to decide application first before asking defendant to file his written statement...........
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..........
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)..........
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..........
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...........
Partnership Act, 1932, Section 69(2), Negotiable Instruments Act, 1881, Section 30, 37 -- Suit for recovery of money, by unregistered partnership firm, on the basis of dishonoured cheques - Suit not barred u/s 69(2) Partnership Act as liability is sought to be enforced created under the Negotiable Instruments Act and not on the original cause of action...........
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..........
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...........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Effect of - Ban is imposed on an unregistered firm in respect of: (i) filing a suit against the firm itself or any of its partners u/s 69(1) of the Act; (ii) against any third party u/69(2) of the Act; and (iii) even relating to a set off or other proceedings only when such claim of set off or other..........
