Hari Om Sharma Vs Sauman Kumar Chatterjee & Anr
.... commencing from January 2001. 39. The respondents further asserted that the Claims were all barred under Section 69 of the Partnership Act, as well as under the Limitation Act. Section 69 is a mandatory provision, and the bar engrafted therein, cannot be ignored. In this regard, reliance ...
Delhi High Court
Md. Wasim And Another Vs M/S. Bengal Refrigeration And Company And Others
.... n (3) of Section 69 of the Act of 1932 makes the provisions of Sub-sections (1) and (2) applicable also to a claim of suit of or “other proceedings” to enforce a right arising from a contract. Hon’ble Supreme Court in the matter of Umesh Goel vs. Himachal Pradesh Cooperative Group Housing Society ...
Calcutta High Court
Shiv Developers Through Its Partner Sunilbhai Somabhai Ajmeri Vs Aksharay Developers & Ors
.... f the Act does not bar a suit by an unregistered partnership firm for enforcement of a statutory right or a common law right, as held by this Court in Haldiram Bhujiawala (supra). In this regard, the learned counsel has also referred to the findings of the Trial Court that since the contract of ...
Supreme Court Of India
P. Mohanraj & Ors. Vs M/S. Shah Brothers Ispat Pvt. Ltd.
.... tained in Chapter XVII of the Act. For appreciating the issue involved in the present case, it is necessary to refer to the object behind introduction of Chapter XVII containing Sections 138 to 142. This chapter was introduced in the Act by the Banking, Public Financial Institutions and Negotiab ...
Supreme Court Of India
Vivek Agarwal & Ors. Vs Secretary, Executive Committee, Garo Hills Autonomous District Council & Ors.
.... have heard learned counsels for the parties. The fact that the impugned orders were issued without hearing or show cause is not in controversy. However, the objection raised as to the maintainability of the writ petition shall have to be dealt with first. It would therefore be apposite to quote ...
Meghalaya High Court
Bhagwan Das Goel(Dead) Through His L.Rs. & Ors Vs Pyare Kishan Agarwal
.... appellants (defendants) felt aggrieved and filed writ petition in the High Court at Allahabad under Article 227 of the Constitution of India. 9. By impugned order, the High Court dismissed the writ petition and upheld the order of the Civil Judge, which has given rise to filing of this appe ...
Supreme Court Of India
Indcare&Karma Vs North Delhi Municipal Corporation & Anr
.... SCC 313 , the Supreme Court has clarified that the arbitral proceedings will not come under the expression “other proceedings” in Section 69(3) of the Partnership Act, and the ban imposed under the Section 69 of the Partnership Act can have no application to the arbitral proceedings as well as ...
Delhi High Court
Bhanu Sood Vs Jeetendera Malhotra And Others
.... ip of Kaniram Ganpatrai had been dissolved by agreement. Under Sec. 40, Partnership Act, a partnership may be dissolved by the agreement of the partners. It is not necessary in every case that the fact of dissolution should be evidenced by a document but the dissolution of the partnership m ...
High Court Of Himachal Pradesh
Bhanu Sood Vs Jeetendera Malhotra and others
.... nership may be dissolved by the agreement of the partners. It is not necessary in every case that the fact of dissolution should be evidenced by a document but the dissolution of the partnership may be inferred from the circumstances of the case and the conduct of the parties (See Joopoody ...
High Court of Himachal Pradesh
Suraj Giri Gusai Vs Daulat Singh Devra
.... ovisions of Section 69(3) of the Act that the same envisage enforcement of any right to sue for dissolution of a firm or for accounts of a dissolved firm or any right or power to realize the property of a dissolved firm and as the plaintiff has sought all the three reliefs together when admitted ...
Rajasthan High Court (Jodhpur Bench)
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