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Showing posts with label
S 69 of Indian partnership Act
.
Show all posts
Showing posts with label
S 69 of Indian partnership Act
.
Show all posts
Monday, 7 February 2022
Whether suit filed by unregistered firm is tenable if it is for enforcement of statutory right or common law right?
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In our view, the questions arising in this matter could be directly answered with reference to the principles enunciated by this Court in...
Wednesday, 12 February 2020
Whether prosecution for dishonour of cheque filed by unregistered partnership firm is maintainable?
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In this background, there is no point in stretching the bar which is in the nature of temporary bar to the suit to the complaints un...
Sunday, 22 December 2019
Whether eviction suit filed by unregistered partnership firm is maintainable?
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Contention was raised that the suit was not maintainable since the same was filed by an unregistered firm. Repelling the contention court ...
Sunday, 11 August 2019
Whether unregistered partnership firm can file criminal complaint for dishonour of cheque?
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Perusal of Section 138 of the Act shows that it has to be a transaction which relates to legally enforceable debt or other liability. It...
Saturday, 27 July 2019
Whether Cheque bounce case is maintainable if unregistered partnership firm is not made accused?
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An interesting issue has come up for consideration before this Court. The question involved in this case is whether an unregistered Par...
Saturday, 6 April 2019
Whether application for appointment of arbitrator by partner of dissolved partnership firm is maintainable?
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The appellants (defendants) on being served raised a preliminary objection contending therein that since the partnership in question on...
Whether arbitrator can be appointed for dissolution of unregistered partnership firm?
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The question, therefore, is: whether the respondent is entitled to a reference under Section 20 of Arbitration Act 1940? Admittedly, the p...
Sunday, 16 September 2018
How to interprete legally enforceable debt and liability in context of unregistered partnership firm?
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The words,' legally enforceable debt or other liability' used in the explanations to Section 138 of the Negotiable Instruments Act...
Whether complaint for dishonour of cheque filed by unregistered partnership firm is maintainable?
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I n the case in hand the complainant has a statutory claim in terms of Section 138 N.I Act. Even otherwise Section 69 of the Partnership ...
Friday, 20 April 2018
Whether suit filed by unregistered partnership firm is tenable?
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At this stage, it would be relevant to refer to the observations of the Honorable Supreme Court in paragraph 26 of its judgment in M/s....
Friday, 30 March 2018
Whether plaint can be rejected on ground that partnership firm is not registered?
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In my considered opinion, if the cross-examination of the plaintiff is perused, it can be easily seen that he has specifically denied th...
Sunday, 11 December 2016
What is power and duty of court while dealing with application U/S 9 of arbitration Act?
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On the power and duty of the Court dealing with application under section 9 of the Act there are observations of Apex Court in the ca...
Whether court can grant interim relief U/S 9 of Arbitration Act if unregistered partnership firm is in existence?
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The relevant clauses of partnership agreement are already quoted. They show that the parties cannot put to an end themselves to the cont...
Sunday, 3 July 2016
Whether unregistered partnership firm can initiate arbitration proceeding?
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Having regard to our conclusion that Arbitral Proceedings will not come under the expression "other proceedings" of Section 69...
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