Concealment of facts -- Suit for injunction filed by unregistered partnership firm after expiry of lease period - Failure to disclose that lease had expired - Amounts to concealment of fact - Suit dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Proof of - Tenant doing independent business along with partnership business - Held, merely because tenant was doing independent business along with partnership business it could not be said that there was any sub letting...........
Consumer Protection Act, 1986, Section 2(c),21(b) -- Complaint - Maintainability - Fixed Deposit Scheme - Non refund of maturity amount by petitioner firm - Petitioner firm was ex parte before both the Fora below - In support of the plea of respondents having joined the firm as partners in 1997 it has not led any evidence whatsoever - In absence of such evidence and..........
Partnership Act, 1932, Section 32, 63, 72 -- Partnership - Liability of retiring partner to third party for acts of firm done before his date of retirement - Partner would continue to be liable to third party until public notice is given as to his retirement - Money decree against partnership firm and its three partners - Execution - Objection by partner that he retired..........
Partnership Act, 1932, Section 14, Stamp Act, 1899, Article 29 - - Immovable property contributed by a partner - No document registered or otherwise is required for transferring the property to the partnership - Exclusive ownership of such a partner in that event ceases and he becomes joint owner alongwith other partners - This sort of contribution or transfer is not..........
Arbitration and Conciliation Act, 1996, Section 11, 35, 40, Partnership Act, 1932, Section 46, 47, 48 -- Arbitration - Partnership firm - Death of a partner - Arbitration agreement is not discharged by the death of a party thereto and on such death it is enforceable by or against the legal representatives of the deceased, nor is the authority of the arbitrator revoked by..........
Rent and Eviction -- Sub-letting - Premises let out to partnership firm - Partnership firm dissolved and one of the partners given all the assets of the firm and he formed another firm with himself as one of the partners - Legal possession of premises retained by a partner of new firm who was one of the original tenants - Not a case of sub-letting...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Partner - Specific averments in complaint revealing role played by them and that they looked after day to day affairs of the firm - Plea that petitioner was not a partner in firm or that he was not involved in day to day affairs of firm - Such fact to be established at trial - No..........
Partnership Act, 1932, Section 69(2) -- Provision of S.69(2) of Partnership Act is mandatory - Suit by unregistered firm is not maintainable - Subsequent registration does not cure defect...........
Partnership Act, 1932, Section 29(2) -- Partnership - Premises - Using of premises for business purpose does not automatically lead to the conclusion that premises belongs to the partnership firm - If partners continued to have undivided share in the property even during subsistence of partnership, question of their ceasing to have any interest therein on its automatic..........
