Civil Procedure Code, 1908, Order 21, Rule 92 -- Sale of property of firm after dissolution having been ordered by High Court - Dissolution of partnership firm - Court sale of property of firm - In pursuance of direction of High Court after fixing shares of partners - Sale though not under O.21, C.P.C., broad principles under same would apply...........
Civil Procedure Code, 1908, Order 21, Rule 92 -- Partnership dispute - Dissolution of partnership firm - Court sale of property of firm - In pursuance of direction of High Court after fixing shares of partners - Nature of sale - Sale though not under O.21, C.P.C., broad principles under same would apply...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Suit for dissolution of partnership - Particulars not given as to property being in danger of being wasted, damaged, transferred or alienated - Respondent looking after business of firm for a pretty long time - No case for appointment of receiver is made out...........
Registration Act, 1908, Section 17 -- Partnership - Dissolution - Distribution of assets of partnership amongst partners as per their respective shares - It is not a case of transfer of any assets of the firm - Distribution of assets may be done either by way of an arbitration award or by mutual settlement between the partners themselves - Document which records settlement..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partner - Restraining retired partner from using trade mark of firm - Defendant alleging no dissolution of firm in the eye of law and that he is still a partner of the firm - In the caveat filed by defendant, intimation to tax authorities and settlement of accounts, though disputed, are sufficient for decision of temporary..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Partnership firm - Dissolution - One partner issued cheque to the other towards his liability - Presumption is that cheque was for the discharge, in whole or in part, of any debt or other liability...........
Partnership Act, 1932, Section 48 -- Dissolution of partnership firm and rendition of accounts - Firm does not stand dissolved on the filing of the suit itself - A reference to the arbitration agreement indicates only that the partnership was at will and since the same was not dissolved at any time of filing of the suit, it will not come to an end merely on the filing of..........
Partnership Act, 1932, Section 18, 25, Limitation Act, 1963, Article 113 -- Partner expelled from partnership firm - Held, partner can seek rendition of accounts, dissolution of partnership, share and profits etc. - Limitation is three years...........
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..........
Partnership Act, 1932, Section 69 -- Suit for dissolution of partnership firm and rendition of accounts - Non registration of firm - No effect on maintainability of such a suit...........
