Is Summons on Retired Partner Valid Service?

2025 0 Supreme(Cal) 684

Krishnaraj Thaker submits that the case there was with regard to handing over a summons to an employee of the corporation/company, who was not authorized to receive the summon would not make the service valid, but in the instant case, the summon was first served upon the company by post at its registered ... officer of the company and, therefore, there was no valid service of wri....

2024 0 Supreme(Cal) 666

The section also emphasizes the importance of following the prescribed methods of service. If the summons is not served according to the court's directions, it cannot be presumed as valid service. ... of the Opposite Party No. 1 to some other place which is absolutely unknown and not being disclosed to the petitioner, as a result whereof the Notice of Summon could not be served upon the Opposite Party No. 1, compelling it to appear ....

2025 0 Supreme(Raj) 1556

In overall anyalysis, this Court is of the clear opinion that even if it is assumed that there was irregularity in the service of summon on defendant No.1, it cannot be concluded that he was not aware of the present suit proceedings and did not have any notice of the date of hearing. ... So far as the judgments relied upon by learned counsel for the appellant are concerned, the same are clearly distinguishable as Rabindra Singh (supra) was a case wherein the publication of the summon for substituted #HL....

A retired partner ought, generally speaking, to join as a plaintiff, or be joined as a defendant, in every action to which, had he not retired, he would have been a necessary party. ... Subject, therefore, to the above observations, a retired partner ought to join as a plaintiff and be joined as a defendant in every action to which, had he not retired, he would have been a necessary party." ... This is expanded by Lindley at page 323, with the ....

2022 Supreme(Online)(MAD) 33038

by the learned counsel for the petitioner the notice dated 27.12.2018 having been sent by ordinary post which is not the mode of service prescribed in terms of Rule 19 of TNVAT Rules, the same would not constitute valid service of the notice. ... Any proceedings to be valid ought to be served in the manner prescribed. Failure to comply with the procedure/ prescribed mode of service would prove fatal to the validity of the proceedings. ... of the Hind....

2024 0 Supreme(All) 1037

In the present case, though the Firm (M/S Partha Textiles) was arrayed as an accused, but a summons was issued to its partner (applicant no.2) personally, which is not a proper service for the firm because the partner was not impleaded as accused in the impugned complaint. ... / Partner or other Officers of the company. ... (2) Service of a summons on a firm or other association of individuals may be effected by serving it on any partner#H....

2024 Supreme(Online)(ITAT) 1816

(a) not served upon him; or (b) not served upon him in time; or (c) served upon him in an improper manner: Provided that nothing contained in this section shall apply where the assessee has raised such objection before ... that service of Notice u/s 143(2) of the Act is not in a proper manner or prescribed modes. ... CIT(A) observed that as per the provisions of s. 282(1) of the Act, the notice can be sent to the assessee’s email address and accordingly serv....

2022 Supreme(Online)(Mad) 58652

sent by ordinary post which is not the mode of service prescribed in terms of Rule 19 of TNVAT Rules, the same would not constitute valid service of the notice. ... (2) Where any Hindu Undivided Family, firm or other association of persons is partitioned, dissolved or discontinued, notice, summon or order issued under the Act or these rules may be served on any member of the Hindu Undivided Family, any person who was a partner (not....

The insolvent's contention is not that the decree is erroneous, but that it is not binding upon him, because he was not served with summons in the action. A judgment is null and void, and cannot be executed against a person who is not served with summons (Wigram v. ... 7 The service of summons on the insolvent in the Colombo case was bad, because summons was not served on him personally, and as at the date of the action the par....

2024 0 Supreme(All) 1335

On 20 February 2021, a supplementary deed of partnership was executed whereby Ram Milan Yadav retired from the partnership firm with effect from 31 March 2021 and Radhey Shyam Mishra (opposite party No. 3) was inducted as a new partner. ... In the said case, a concession agreement was executed between Gujarat Informatics Limited, a Government owned company and a private joint venture company (appellant) for private sector participation in infrastructure projects. ... The supplementary partnership deed dated 20 February, ....

2020 0 Supreme(Mad) 1986

Summon is returned un-served, on enquiry being made by me it is reported that there is no such company by this name at the said address.

2017 0 Supreme(Manipur) 14

In the instant case, we, on examination of the record, do find that the summon has never been served upon the defendant rather it was served upon one Lilabati reported by the Process server to be the sister in-law though as per the counsel appearing for the respondent-plaintiff, she happens to be younger sister of the defendant but the process server has failed to mention that said Lilabati was an adult Member. That apart, summon by the process server does not seem to have been effected properly as it was never served in presence of witnesses though in terms of Rule 64 (1) of the said rule, ....

2011 0 Supreme(All) 2368

Besides the fact that service of summon was affected on petitioner no.1, the firm and petitioner no.2, one of the partners, it was also affected on other partners and some of them contested the matter by filing written statement. In view of undisputed fact that the other partners did file written statement as also the fact that the summon was served on Aminuddin in particular (brother of the petitioner no.2) who did not contest the suit, is sufficient to hold that the decree is not an exparte decree and is binding on the present petitioners. Strong reliance has been placed upon a judgment of....

2007 0 Supreme(Del) 926

When summons are sought to be served on the firm in the manner prescribed by clause (b) to Rule 3,. e. , on a person in control of business, the requisite notice under Order 30 Rule 5 must accompany the writ of summons. As per Rule 3 summons may either be served on a partner, or if not on a partner then on a person having control and management of the firm at the time of service.

1999 0 Supreme(Mad) 617

Contention of petitioner is that he has not been served with summons individually and he failed to appear. “where a summon is issued to a firm and is served in the manner provided by Rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service, whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters, and, in default of such notice, the person served shall be deemed to be served as a partner .” When the summon itself is served not in ....