Is Partnership a Contract? Indian Law Insights

1983 Supreme(Online)(Del) 4

Whether we view the contract between the parties as a whole of view only the clause about arbitration, it is impossible to think that the right to proceed to arbitration is not one of the rights which are founded on the agreement of the parties. ... The arbitration agreement is required to be in writing and must be to submit, present or future difference to arbitration, whether an arbitrator is named therein or not. The arbitration agreement may be in the form of a clause put in another contra....

Section 21 (4) consists of two parts ; first part applies only to a case where a partner seeks to enforce a contract of partnership as against another partner. In this case, the only question is whether there was a contract of partnership. ... The business was described as a partner ship, the partners being the father and the two sons. No written agreement of partnership was entered into. ... The distinction between a partner-ship#HL_E....

He was not inclined to say there might not be Limited v. a contract. But the fault he held was the fault of the berthing The Attorney- pilot, and then whether that fault was looked on as a breach of Ceylon contract or a tort, in either case the Government was freed by the terms of section 11. ... In particular, they need not decide the question as to whether, looking to the position of the harbour authority as distinct from private persons owning a wharf or prem....

2024 Supreme(US)(ca5) 446

Thus, “a contract to repair or to insure a ship is maritime, but a contract to build a ship is not.” Kossick, 365 U.S. at 735 (citations omitted); see also North Pac. S.S. Co., 249 U.S. at 127 (distinguishing repair and construction). ... The genuine dispute here is legal, not factual. I. Choice of law The sole issue on appeal is whether Shell’s and Palfinger’s Purchase Contract was a maritime contract, whi....

2018 Supreme(Online)(Bom) 1426

Whether the documents are post contractual or post performance of the contract is something which should not have been decided at this stage. The parties have yet to lead evidence. ... Article 1(k) reads “goods or materials whether supplied to a ship for her operation or maintenance”. ... In the peculiar facts of this case, it is not necessary to find out whether conflicting judgments have been rendered by three learned Single Judges of our Court or not#HL_E....

Court of Appeal Putrajaya

personam ("the relevant person") was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship, an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in the High Court against: ... [27] We do not accept the submission by the defendant that the MOU and Contract (Plaintiff-Defendant) are illegal. ... The primary issue was whether the Court had jurisdiction in rem in relati....

3) There is no proof that any damage was caused between ship and shore. There is no proof as to the amount of damages plaintiffs have suffered. The law as to carriers is not the English Law. The point whether the defendant was a carrier was not raised at the trial. ... The question then remains whether the liability of the defendant as a carrier can be considered. Mr. Bawa submitted that it was not until both sides had led evidence that Mr. ... to determine on those facts ....

Court of Appeal Putrajaya

Furthermore, the plaintiff's cause of action in this case against the Defendants, was based on a breach of contract of carriage and for this cause of action, the issue of title to the Cargo, was not "pivotal' in determining whether the Defendants had breached the carriage contract - para 37 BG; [58] Article 3(8) Hague Rules states as follows: "Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for ... (d) Where any loss or da....

2023 0 Supreme(Bom) 375

The contract is between the plaintiff and defendant no.2. Copy of the contract has not, admittedly, been even sent to the owner. ... LIMA I was not arrested; (iii) when, admittedly, even assuming m.v. LIMA I was a sister ship of m.v. ... (12) Whether the plaintiffs prove that m.v.LIMA I was the sister ship of the 1st Defendant vessel at the time of the grant of arrest of LIMA I on 31st October, 2001? ... A vessel cannot enter into any contract with ....

1973 0 Supreme(MP) 26

Again, the words subject to contract between the parties do not mean that the contract must be express. Hence, a contract to continue the partner ship after the death of a partner may be implied from the conduct of the parties. ... There, the partnership was on between two partners, and, therefore, it was held by the Supreme Court that there could not be any contract between them for a continuity of the partner #HL....

2009 0 Supreme(J&K) 45

Even if it is assumed that the partnership deed has been dissolved, the necessary corollary would be that assets and liability of the partnership have to be determined as provided by the Partnership Act. The stand of the respondent that he is partner, has been its own connotation in law. The partner- ship is not created by status but arises out of contract. The stand of respondent that the partnership has been dissolved and the petitioner is required to be evicted from the shop, is not well founded.

2008 0 Supreme(Bom) 1774

The fact that the two groups hail from a single seminal partner ship Firm and would, therefore, be entitled to carry on both the businesses of the partner ship Firm has not been disputed. It will have to be seen whether the Defendant can use the word “Parle”, be it a house mark or otherwise along with a new word “Confi” which has not been a part of the trademark of any of the parties on their labels containing another distinct and bold identification mark of the product.

2008 0 Supreme(Bom) 1766

The fact that the two groups hail from a single seminal partner ship Firm and would, therefore, be entitled to carry on both the businesses of the partner ship Firm has not been disputed. It will have to be seen whether the Defendant can use the word “Parle”, be it a house mark or otherwise along with a new word “Confi” which has not been a part of the trademark of any of the parties on their labels containing another distinct and bold identification mark of the product. The fact that the two groups hail from a single seminal partner ship Firm and ....

1996 0 Supreme(AP) 1326

partner ship is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Section 4 of the Indian Partnership Act defines partnership. Act declares that a person who is a minor may not be a full partner of the firm.

1993 0 Supreme(Mad) 366

Subject to contract between the partners partner ship consisting of only to partners. When it is said that a partnership will not be dissolved by the death of one party, what is meant is that the partnership will continue between the surviving partners even after the death of a partner. It follows that in order that the exception to the general rule may apply the original partnership must consist of more than two partners.