Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit by - Rejection of plaint - Suit for share in the business of partnership firm has arisen from a contract of partnership - Plaintiff has claimed money from the defendant/revisionist as his share in the partnership business - Further, in view of the status of the plaintiff as partner, he has claimed..........
Civil Procedure Code, 1908, Order 43, Rule 1(u), Partnership Act, 1932, Section 69(2A) -- Remand - Appeal against - Suit for dissolution of unregistered partnership firm - Maintainability - Since S.69(2-A) of the Act is held to be unconstitutional, a suit by a partner of unregistered firm for dissolution for accounts and for realization of his share is maintainable...........
Partnership Act, 1932, Section 19 -- Partnership - One partner of the firm taking loan for and on behalf of the firm and not in his personal capacity - Partner taking loan had implied authority to take loan for and on behalf of the firm - Held, the firm and all the partners of the firm are jointly and severally liable to repay the loan amount with interest...........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Insurance claim - Policy in question was issued by OP1/respondent No.1 from New Delhi - The husband of the complainant No.1 was working in a firm in Mohali and died at Amritsar - Finding by the District Forum that no cause of action arose at Chandigarh and it has no jurisdiction to entertain the..........
Partnership Act, 1932, Section 14, 42 -- Property of partnership firm - Dissolution of firm - Partition thereof - Plaintiff claimed distribution/partition of disputed shop in suit along with other reliefs - Plaintiff alleged disputed shop also to be asset of partnership firm - However, it has been proved that plaintiff and defendant No.2 are owners of disputed shop in..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Cause of actions - Joining of - Contention that suit would be bad for multifariousness as different causes of action regarding dissolution of firm and rendition of accounts on one hand and partition of individual property of plaintiff and defendant No.2 on other hand have been joined - Held, contention cannot be accepted - A..........
Drugs and Cosmetics Act, 1940, Section 34 -- Prosecution of firm - Some banned drugs seized from premises of one of partners and not from premises of firm - No clear cut finding for taking action against licensee - Issue not examined in light of the provision read with rule 66 of rules - Case remanded for decision afresh...........
Constitution of India, 1950, Article 14 -- Invitation of tenders for award of Contracts - Tender condition required bidder to quote firm and fixed price for entire duration of contract and which would not be subject to escalation - Petitioner submitted bid indicating that it intended to avail Exchange Rate Variation benefit, without specifying which foreign currency was..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Death within a period of one year and ten months of marriage - Two dying declarations recorded one by Investigating Officer and the other recorded before the Tehsildar - Merely for the reason that there were two dying declarations, prosecution case cannot be doubted - Statement given..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Conviction - Validity - Whether petitioner/accused could have been convicted on ground that he issued cheque as general attorney of Proprietorship firm? - Held, yes, vide this power of attorney sole proprietor of Proprietorship Firm constituted petitioner/accused as her lawful general power of..........
