Civil Procedure Code, 1908, Order 30, Rule 1 -- Partnership firm - Suit can be filed even in the name of dissolved firm if cause of action accrued when firm was in existence...........
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...........
Specific Relief Act, 1963, Section 37, 38, Partnership Act, 1932, Section 7, 4 -- Partnership at will - Prohibitory injunction to restrain a partner at the instance of another partner to insulate and protect the interest of the firm - Held, prohibitory injunction at the instance of one partner against the other in the absence of relief of dissolution of the firm and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for recovery of damages filed on behalf of partnership firm, alleging that firm stands dissolved - Third party moved application to become party to the suit alleging that firm is still subsisting - Held, if impleadment third party is likely to widen the scope of inquiry, then third party should not..........
Partnership Act, 1932, Section 14 -- Suit for dissolution of partnership - Assets of the firm - Tenancy rights of the firm has to be treated as part of its goodwill - In determining the assets of the firm on its dissolution, tenancy rights have to be valued along with the goodwill - They have to be taken into account at the final settlement of the account while passing the..........
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...........
Arbitration Act, 1940, Section 8, 22, 23 -- Partnership firm - Suit for dissolution of partnership firm and rendition of accounts - Other partners sought reference of dispute to Arbitrator in view of arbitration clause in partnership deed - Held, matter cannot be referred to Arbitrator - In a suit for dissolution of partnership and rendition of accounts, the matter is to..........
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..........
Partnership Act, 1932, Section 69(2) -- Suit filed by unregistered partnership firm through its unregistered partner to enforce a right arising out of a contract - Suit is barred u/s 69(2) of the Act - Further, held, such a suit is barred even when plea of its maintainability is not taken in the written statement but it so proved during the trial of the case - Firm is..........
