Civil Procedure Code, 1908, Order 30, Rule 1, Contract Act, 1872, Section 54, Partnership Act, 1932, Section 69(2) -- Partnership firm - Suit filed by partner of the firm - In paragraph 1 of the plaint it was averred that plaintiff firm is partnership concern and same is registered with Registrar of Firms and Societies' - Held, averment in plaint reveals that suit has in..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by unregistered firm - Maintainability - Held, unregistered firm is legally competent to lay complaint u/s 138 of Negotiable Instruments Act - Bar u/s 69(2) of Partnership Act is not applicable...........
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 69(2) -- Partnership firm - Not registered on the date of presentation of plaint - Firm got registered after filing of suit and before appearance of defendant - Suit though not maintainable initially could be filed afresh after registration of firm - No lack of jurisdiction in entertaining suit - Decree passed in the suit is not a nullity...........
Partnership Act, 1932, Section 69(2) -- Partnership firm - Objection as to registration of firm not raised by defendant in written statement - Provision of S.69(2) of the Act is for the benefit of defendant - Jurisdiction of Court is not barred - No lack of jurisdiction in entertaining suit...........
Consumer Protection Act, 1986, Section 2(1), 2(d), 2(m), Partnership Act, 1932, Section 69 -- Complaint maintainability - Unregistered firm - Held that the institution of a complaint by the partner of a firm in the name of the firm did not suffer from any disqualifications as the 'person' defined u/s 2(1) (d) (m) of the CP Act includes firm whether registered or not...........
Partnership Act, 1932, Section 69 -- Partnership firm - No suit to enforce a right arising from a contract or liability, conferred by the Partnership Act shall be instituted unless the firm is registered so long as the person suing or sued has been shown as a partner in the firm...........
Partnership Act, 1932, Section 69, 60, 61, 62, 63 -- Reconstitution of a continuing firm - No separate registration is necessary - It is only the intimation which is required to be given to the Registrar of Firms about the reconstitution/change as provided u/ss 60 to 63 of the Act...........
Partnership Act, 1932, Section 69 -- Reconstitution of a continuing firm - Separate registration is not required - However, intimation about reconstitution/change of the firm is required to be given to the Registrar of Firms - Non intimation of reconstitution or change in the firm to the Registrar of Firms by itself does not affect maintainability of the suit - However it..........
