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JASPREET SINGH
Anju Rajpal – Appellant
Versus
State of U. P. Thru. Prin. Secy. Deptt. of Revenue, Lko – Respondent
JUDGMENT :
1. Heard Sri C.B. Pandey, learned counsel for the petitioner, learned Standing Counsel for the State-respondents as well as Sri Pritish Kumar, learned counsel for the private respondent no. 3.
2. Since the parties have exchanged the pleadings, accordingly, with the consent of learned counsel for the parties, the matter has been heard finally at the admission stage itself.
3. Under challenge is the order dated 20.09.2022 passed by the DDC, Sitapur by means of which the revision preferred by the private respondent no. 3 has been allowed and after setting aside the order passed by the Settlement Officer of Consolidation Officer dated 16.12.2022 and the order dated 23.01.2021 passed by the Consolidation Officer, the matter has been remanded for decision afresh. It is this order of remand which is under challenge in the instant petition.
4. Sri C.B. Pandey, learned counsel for the petitioners assails the impugned order of remand passed by the DDC, Sitapur, primarily on two grounds:-
(i) That the matter was concluded by findings of fact which were duly recorded by the Consolidation Officer and the Settlement Officer of Consolidation and there was no material before the DDC to have
The court held that a partner's possession of dissolved firm property does not create ownership rights against co-owners, and claims of adverse possession are not maintainable.
The court established that maintaining status quo is preferable to appointing a receiver in partnership disputes, emphasizing the need for clear rights and balance of convenience.
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 legal principle established is that a partner may retire with the consent of all parties, and unequivocal admissions are necessary for judgment on admissions.
Dissolution of Partnership Firm – Existence of contract is a sine-qua-non for relationship of partnership – Decision based on adjustment of equities between parties will be far more beneficial than r....
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....
(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....
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....
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