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A. S. CHANDURKAR, URMILA JOSHI-PHALKE
Arunkumar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
URMILA JOSHI-PHALKE, J. - Heard learned counsel for the parties.
2. The appellant has challenged the order and judgment dtd. 8/10/2009 passed by the learned Single Judge in Writ Petition No.2122 of 2002 confirming the order passed by the respondent no.1.
3. Brief facts of the case are as follows :
A] In the year 1973 the Firm namely M/s Akot Wine Mart was constituted and licence for wine shop (Country and foreign liquor) was obtained in the name of M/s Akot Wine Mart. On 1/11/1978, the firm was reconstituted and three persons namely Vijaykumar Dwarkalal Jaiswal, Arunkumar Dwarkalal Jaiswal (Appellant) and Dinkarrao Pundlikrao Gawande were the partners of the firm. On 1/9/1992 a fresh deed of partnership was executed and as per Clause 10, on the death of a partner the firm was not to be dissolved. The legal heirs were disentitled from claiming any goodwill or rights of the firm. On 21/11/1994 Dinkarrao, a partner expired. The said partnership was again reconstituted on 23/12/1994 and the remaining two partners agreed to share profits and losses equally.
4. According to the appellant, as per the terms and conditions of the partnership Deed, on the death or retirement of any p
Partnership rights are contractual and not heritable; legal heirs cannot claim rights in a partnership license if explicitly prohibited by the partnership deed.
The main legal principle established is that a partnership is a contract and cannot be unilaterally continued after the death of a partner, despite any clauses in the partnership deed.
The main legal point established in the judgment is that the reconstitution of a partnership firm and the grant of a distributorship license must comply with the provisions of the Partnership Act, 19....
The central legal point established in the judgment is the requirement of mutual agreement for partnership dissolution and the significance of partnership deeds in determining the intention of the pa....
The main legal point established in the judgment is that the dissolution of a partnership firm under the Indian Partnership Act, 1932, and the reconstitution of the firm are governed by specific prov....
The death of a partner in a partnership firm does not cause abatement of appeals against the firm under Order XXX of the Code of Civil Procedure.
Point of law: Arbitration - Arbitral Award - Interference by Court - Scope of powers of Appellate Court under Section 37 of Arbitration Act are more limited than limited powers of the Court hearing t....
The requirement for prior approval from municipal authorities for deleting a partner's name is directory, allowing for changes under compliance with overall policy.
(1) Upon the death of any partner the partnership shall not be automatically dissolved but the surviving partners may admit the legal representative of the deceased unto the partnership by mutual con....
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