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T. AMARNATH GOUD
Chhanda Choudhury – Appellant
Versus
Bimalendu Chakraborty – Respondent
JUDGMENT
T.AMARNATH GOUD,J. - Heard Mr. Somik Deb, learned senior counsel assisted by Mr. H. Sarkar, learned counsel appearing for the appellants. Also heard Mr. S. M. Chakraborty, learned senior counsel assisted by Mr. A. Sengupta, learned counsel appearing for the respondents.
[2] This second appeal, has been under Sec. -100 of the Code of Civil Procedure, 1908 , read with Order-XLII Rule-1 for reversing the impugned judgment and decree dtd. 25/11/2019 and 3/12/2019 respectively, passed by the learned District Judge, West Tripura, Agartala in connection with Title Appeal No.67 of 2016 and for restoring the judgment and final decree dtd. 29/8/2014 and 20/9/2016 respectively passed by the learned Civil Judge, Senior Division, Court No.2, West Tripura, Agartala in Title Suit No.54 of 2010.
[3] At the time of admitting the appeal, the following substantial questions of law were formulated by this Court:
"1. Whether the validity of the audit report, submitted by a Chartered Accountant can be scrutinized, in view of the statutory provisions contained in the Chartered Accountants Act, 1949?
2. Whether an appellate Court has any jurisdiction to return a finding, thereby interfering into a
An appellate court's review is confined to issues raised in the trial court; interference with established audit findings lacks jurisdiction without evidence of wrongdoing.
A suit for accounts of a dissolved partnership and a share in the immovable properties of the partnership is barred by limitation under Article 106 of the Limitation Act, 1908.
Settlement of accounts – Outgoing Partner would have right to seek for accounts and a share in profits which might be derived from his share in assets of firm.
Partners are entitled to transparent bookkeeping; discrepancies in financial accounts justify judicial intervention for the rendition of accounts.
Failure to provide evidence for notification and unauthorized property sales by partners led to the rejection of the dissolution suit; jurisdiction determined by prior judicial orders must be respect....
Review - When a prayer to appoint an arbitrator by the applicant herein had been made at the time when the arbitration petition was heard and was rejected, the same relief cannot be sought by an indi....
The court affirmed that a valid Will cannot be superseded by a partnership deed regarding accounts due to a deceased partner, ensuring the beneficiaries' rights to profits.
Point of law: Removal as partner - Forcible continuance of petitioner, as a partner of a Firm which is loaded with partnership disputes, has civil consequences also on the petitioner.
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