A. P. THAKER
Shah Bipinchandra Ratilal – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Both the petitions have been filed against the impugned order passed by the learned Special Secretary Revenue Department (hereinafter referred to as “the SSRD”) dated 29.09.2015 in Revisions Application No.164 of 2013 as well as the order dated 21.08.2013 passed by the Collector in Revision Application No. 180 of 2012 by the respective petitioners. Since common facts are involved in the matters both the matters have been tagged together and heard together. Therefore these petitions are being disposed of by the present common order.
2. Special Civil Application No.20605 of 2015 is a leading matter, and therefore facts are referred to from it.
3. The brief facts giving rise to the petition in nutshell are as under.
3.1. Dispute pertains to the land bearing survey number 189 paiki 1, 189 paiki 2 and 189 paiki 3 admeasuring 4659 square metres of village Iyava, taluka Sanand, District Ahmedabad. In June 1984 a partnership firm in the name of Kamani Chemical Works came to be constituting of 11 family members as partners. According to the clause 7 of the partnership deed, and as per the clause 9, any partner can retire by oral notice / intimation. That as per clause 10 of the de
S.V.Chandra Pandian and Others V.s S.V.Sivalinga Nadar and Others reported in (1993) 1 SCC 589
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 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....
The legal principle established is that a partner may retire with the consent of all parties, and unequivocal admissions are necessary for judgment on admissions.
Court clarified validity of partnership dissolution and subsequent registrations, emphasizing the necessity of considering all relevant documents in property ownership disputes.
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....
The court's limited scope of interference in arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996, and the principles of natural justice were upheld.
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