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DELHI HIGH COURT
SANJEEV SACHDEVA
Himanshu Bhatia – Appellant
Versus
New Delhi Municipal Council – Respondent
| Table of Content |
|---|
| 1. background of petitioner no. 1's license and partnership. (Para 1 , 2 , 3) |
| 2. application for change of trade rejected due to arrears. (Para 4 , 12 , 25) |
| 3. policy conditions for change of trade and partnership. (Para 15 , 21 , 26 , 28) |
| 4. analysis of mandatory vs. directory nature of requirements. (Para 30 , 33 , 34) |
| 5. court's decision to allow change of trade and partner deletion. (Para 37 , 39) |
| 6. concluding the petition with a favorable order. (Para 38 , 40 , 41) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioners impugn order dated 25.09.2020 whereby the application of the petitioners seeking change of trade and deletion of name of petitioner No. 1, from the partnership, has been rejected on the ground that no prior written approval of New Delhi Municipal Council (NDMC for short) was taken before dissolving the partnership and that Petitioners had defaulted in payment of the licence fee.
2. By allotment letter dated 09.04.2015, Petitioner No. 1 was allotted Shop No. 1, AIIMS Subway, New Delhi on licence basis. On 24.06.2016 Licence Deed was executed for a period of ten years at a monthly licence fee of Rs. 1,53,000/- in addition to sanitation charges and service tax for
The requirement for prior approval from municipal authorities for deleting a partner's name is directory, allowing for changes under compliance with overall policy.
Clause 4 of the Policy dealing with change of trade, stipulates that change of trade from licence to non licence trade is permissible subject to certain conditions i.e. obtaining NOC from certain dep....
Partnership rights are contractual and not heritable; legal heirs cannot claim rights in a partnership license if explicitly prohibited by the partnership deed.
A municipal authority must substantiate its claims for outstanding license fees against documented payment history, and interest charges should only be levied under prescribed policies and upon valid....
Fair Price Shop License transfer prohibited via will while licensee alive or indirectly through partnership deed substituting/deleting names, violating policy; direct prohibition extends to oblique m....
Renewal of a vendor's license depends on existing partnerships and resolution of prior disputes; when no inter se disputes exist, licenses should be transferred accordingly.
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....
Partnership agreements violating motor vehicle permit transfer rules are illegal and unenforceable.
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