Negotiable Instruments Act, 1881, Section 138 -- Partnership - Sleeping partner - Not a person incharge of and responsible to the company for the conduct of its business - Prosecution against sleeping partner quashed...........
Partnership Act, 1932, Section 69(3) -- Partnership firm - Unregistered Three partners - One partner retired - One of the two remaining partners also retired resulting in dissolution of firm - Surviving sole partner filing suit for recovery of dues due to dissolved partnership - On the dissolution of the unregistered firm, by an arrangement, the collection of debts may be..........
Limitation Act, 1963, Section 18, Partnership Act, 1932, Section 45 -- Acknowledgment - Partnership firm - Defendant No.2. one of the partners categorically informed Bank about disputes between partners - Acknowledgment of balance by other partner thereafter - Does not bind defendant No.2...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partnership firm - Injunction against partner - Suit for injunction against a partner is not legally maintainable because each partner is agent of the partnership firm - He has an equal interest like others - Though a partner is not a co-sharer but certainly he has a right, title or interest in the property and he has the..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Receiver - Provision can be applied to partnership firms - For just and convenient reasons Court can appoint a Receiver - Before ordering the appointment of Receiver it is obligatory upon the plaintiff to show a good prima facie case to justify the appointment of Receiver - Where the defendant in a suit for..........
Contract Act, 1872, Section 23 -- 'Public Policy' - Gas agency - Allotted under the reserved category - Allottee entering into partnership with a person able to invest the entire funds to establish the agency - Such partnership cannot be called against the 'Public Policy' when the Corporation never objected to the same - Such an agreement rather promotes the objects of..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Partnership firm whether registered with Registrar of Firms or not - Issue as to - Issue is a mixed question of law and facts - It is not a question of jurisdiction but maintainability of the suit - Trial Court rejected application to treat the issue as preliminary issue - Order upheld...........
Partnership Act, 1932, Section 69 -- Partnership firm - Non registration - Partnership at will dissolved by a partner by issuing a legal notice expressing his intention to dissolve the firm - Non registration of firm not a bar for that partner to file a suit for rendition of accounts of the dissolved firm in view of sub-secotn (3)(a) of S.69 of the Act...........
Partnership Act, 1932, Section 43, 40, Arbitration Act, 1940, Section 34 -- Partnership firm - Not registered - Partnership at will dissolved by a partner by issuing a legal notice expressing his intention to dissolve the firm - Filing of suit for rendition of accounts of dissolved firm - Valid - Staying of suit by Court relying on arbitration clause - Not legal - Once..........
Negotiable Instruments Act, 1881, Section 138 -- Partnership firm - A partner though not signatory to the cheque yet is liable for the offence of dishonour of cheque if he is responsible for the business of the partnership firm...........
