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R. RAGHUNANDAN RAO
Ganesh Sai Granites and Minerals – Appellant
Versus
Commissioner and Inspector General – Respondent
ORDER :
Initially, a quarry lease, over 11 hectares of land, in Sy.No.6 of Veeluparthy Village, Vepada Mandal, Vizianagaram District, was granted in favour of Sri Ch. Srinivasa Rao, (hereinafter referred to as ‘the 4th respondent’), for the period 21.05.2009 to 20.05.2019. During the pendency of this lease, a Firm known as M/s. Sri Ganesh Sai Granites and Minerals, was constituted by way of a Deed of Partnership dated 05.02.2015. This Firm was registered with the Registrar of Firms, Visakhapatnam, as Firm No.164/2015 on 07.02.2015. The said quarry lease was brought into the Firm and a fresh lease was also granted on 18.04.2015, in favour of the Partnership Firm to the extent of the unexpired portion of the lease.
2. While the matter stood thus, certain disputes arose between the partners of the Firm. This Firm had initially been constituted with 9 partners, including the 4th respondent. Thereafter, Sri K. Ramana Rao, the 2nd petitioner in W.P.No.4565 of 2019 and W.P.No.15614 of 2022,(hereinafter referred to as 2nd petitioner) had filed a complaint before the IV Town Police Station, Visakhapatnam in Crime No.265 of 2017, on 18.06.2017, complaining that the 4th respondent had created a
The main legal point established in the judgment is that a suit filed by an unregistered partnership firm under the Indian Partnership Act, 1932 is not maintainable and is inherently defective and no....
The Deputy Commissioner acted without jurisdiction in cancelling the firm registration, lacking authority to review under the Indian Partnership Act, rendering the action void.
The High Court may direct statutory authorities to expedite pending inquiry proceedings under the Kerala Partnership (Registration of Firms) Rules, 1959, when competing claims regarding firm reconsti....
The execution of a relinquishment deed does not absolve the transferor's liability towards third parties, and the transferee's assets and books of accounts remain subject to a lien by the third parti....
Important PointChanges in the constitution of a firm does not affect the registration once made but information about changes have to be given and failure to comply attracts penalties u/s 69-A of the....
Partners cannot unregister without due process; rights remain unless valid documents executed under the Indian Partnership Act.
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