1. Rajendra Bajoria VS Hemant Kumar Jalan - 21 Sep 21

(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 consent.(2) If the reliefs, as sought in the plaint, cannot be granted, then the only option available to the Court is to reject the plaint.(3) Power under Order 7, Rule 11 CPC taking care to see that the ground mentioned therein is fulfilled. And, if clever drafting has created the illusion of a cause of action, nip it in bud at the first hearing by examining the party searchingly under Order 10, CPC.

are alive - Defendants are legal heirs of other original partners in partnership firm - Order passed by the Division Bench of the ... and 48 - Partnership deed - Dissolution of Partnership - Order of rejection of plaint - Cause of action - Sought for dismissal of ... Civil Procedure Code, 1908 - Order VII Rule 13 - Indian Partnership Act, 1932 - Sections 40, 42, 43, 44 ... firm as legal heirs of the original partners of the partnership firm, reconstituted under the Partnership Deed dated 6th December ... in the partnership firm. ... The dissolution of a firm cannot be ordered by the court at the instance of a non-partner

India - Supreme Court

2. Verdhman India Products VS Sulkshan Luthra - 02 Mar 10

Dishonour of cheque--Complaint by partnership firm--Who can file--In partnership firm each partner’s act on behalf of firm is valid--No specific authorisation is required for partner to file a complaint.Dishonour of cheque--Service of Notice--Presumption--Once notice has been sent by registered post with acknowledgement due in a correct address, it must be presumed that the service has been made effective.

partner to file a complaint. ... firm--Who can file--In partnership firm each partner’s act on behalf of firm is valid--No specific authorisation is required for ... (A) Negotiable Instruments Act, 1881, S.138 and 142--Dishonour of cheque--Complaint--Complaint by partnership firm--Certified copy ... In a partnership firm, each partner’s act on behalf of the firm is valid, therefore, no ... Firstly, no evidence was brought on the record to prove that the partnership firm was in ... was partner No.2.

India - Punjab

3. AVK Traders VS Kerala State Civil Supplies Corporation Limited - 29 Oct 13

When a partnership firm gets dissolved due to death of one partner and converts into proprietorship firm of the sole surviving partner, such proprietorship firm would be competent to pursue suit filed by the partnership firm.

... The question arising in the case is, on dissolution of the partnership ... because partnership firm does not exist - Proprietorship firm of the sole surviving partner competent to pursue the suit. ... two partners - Filing suit for realisation of claims - One partner dying and the partnership firm getting dissolved in terms of ... The question is, on dissolution of the partnership firm on the death of the partner, could the suit already filed be proceeded with ... in the plaintiff firm, one partner died during the pendency of the suit and as such the partnership got dissolved. ... the event of retirement of partner or refusal of the legal representative of the deceased partner to become the partner of the partnership

India - Supreme Court

4. Ankit Vijaykumar Khandelwal VS Aarti Rajkumar Khandelwal - 28 Apr 21

Dissolution of partnership - Non-compliance of Clause 18 of Partnership Deed - Absence of any embargo to refer post dissolution dispute to Arbitrator, it is not possible to accept that Arbitration clause would cease to exist with dissolution of partnership-firm.

Finding of the Court:Dispute relates to non-compliance of Clause 18 of Partnership ... Conciliation Act, 1996 - Section 8, 46 and 48 of the Arbitration Act - Civil Procedure Code, 1908 - Section 115 - Suit for dissolution of Partnership-firm ... with business due to old age and failing health - Plaintiff called upon Defendant to settle accounts, assets and liabilities of Partnership-Firm ... will’ and that the right of a partner to dissolve partnership cannot be taken away by arbitration clause and that a partner, who ... is at will and therefore in terms of Section 43 of the Partnership Act, it was open to either partner to dissolve the firm by giving ... notice to the other partner of his intention to dissolve the firm.

India - Bombay

5. Uttam Traders Ranghri VS Tule Ram Alias Tula Ram - 11 Sep 18

Dishonour of cheque—Maintainability of complaint filed by partner of an unregistered partnership firm is maintainable.

by partner of an unregistered partnership firm—Unauthorised partnership firm cannot approach Court for enforcement of any right ... Negotiable Instruments Act, 1881—Section 138—Partnership Act, 1932—Section 69—Dishonour of cheque—Maintainability of complaint filed ... arising from a contract—Civil proceedings for recovery of money would be barred by virtue of Sub-Section (2) of Section 69 of Partnership ... As regards the second question, Section 69 of the Partnership Act, deals with the effect of non-registration ... Ramkishore and Sons, (1975) AIR Kerala 144, was ceased of a question whether the suit by a partner of an unregistered firm for recovery ... (ii) Whether a partner of an unregistered partnership firm can maintain

India - Current Civil Cases

6. Firm Bombay Trading Company VS Bimla Devi - 31 May 07

Eviction-Revisional jurisdiction-Subletting-Partnership firm- Where the Appellate Authority reached the conclusion that the joint concern of the partnership firm with the tenants could not be proved and Rent Controller and the Appellate Authority for the very good reasons reached the conclusion that the tenants were sub-Ietees, then, no interference could be made at the revisional stage.

firm-Scope for interference-Where the Appellate Authority reached the conclusion that the joint concern of the partnership firm ... (A) Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-Eviction of tenants-Shop-Subletting-Partnership firm-Disputed ... shop had been rented out by landlady to a firm through its partners -Later on partners joined one S and L-Landlady successfully ... Subsequently, vide another partnership deed dated 1.4.1991, Lekh Raj was added as partner ... from the partnership firm, the impugned judgment reveals that Krishan Lal was not working at the shop. ... He also admitted that he was a sleeping partner in the said firm and was partner in Krishan

India - Punjab

7. Rishikesh Balkishandass VS I. D. Manchanda, Income - Tax Officer, New Delhi - 12 Sep 86

A partnership firm, though a juridical person, is liable to be prosecuted for offence under section 276B of Income Tax Act, 1961 which provides a minimum punishment of imprisonment. In case of conviction a sentence of fine only can be imposed.

firm charged for the offence under-Challenged-Whether a juridical person i.e. a partnership firm is liable to be prosecuted for ... (i) Criminal Procedure Code, 1973-Sections 397 and 401-Income-Tax Act, 1961-Sections 194A and 276B-Appellants, a partnership firm ... There might be quasi-criminal offences in which the question of mens rea might not arise. ... Rishikesh Balkishandas is a partnership firm. ... A firm under the partnership law, as ... any other persons or that he was a sleeping partner.

India - Crimes

8. Uttam Traders Ranghri VS Tule Ram Alias Tula Ram - 11 Sep 18

Dishonour of cheque—Maintainability of complaint filed by partner of an unregistered partnership firm is maintainable.

filed by partner of an unregistered partnership firm – Unauthorised partnership firm cannot approach Court for enforcement of any ... Negotiable Instruments Act, 1881 – Section 138 – Partnership Act, 1932 – Section 69 – Dishonour of cheque – Maintainability of complaint ... arising from a contract – Civil proceedings for recovery of money would be barred by virtue of Sub-Section (2) of Section 69 of Partnership ... Ramkishore and Sons, (1975) AIR Kerala 144, was ceased of a question whether the suit by a partner of an unregistered firm for recovery ... 69 of the Partnership Act, deals with the effect of non-registration of the firm and reads thus:— “69. ... under Section 138 of the Negotiable Instruments Act and the effect of non-registration of firm under Section 69 of the Partnership

India - Dishonour Of Cheque

9. Sagarmal VS Gujarati Beedi Co. - 07 Mar 11

Agreement to sell suit property belonging to a partnership firm can be entered into by all partners or by any of the partners having authority from the remaining partners.

firm whereas there were remaining 14-15 partners since the suit property was owned by the partnership firm, agreement to sell the ... in respect of suit property owned by partnership firm—Order passed by District Judge declining to grant relief of specific performance—Appeal—No ... oral agreement of sale set up by plaintiff could not be said to be binding on partnership firm—Trial Judge held justified in declining ... In such a situation, an act of a partner would bind the partnership firm. ... An act of a partner performed in the usual way of business of the firm would bind the partnership ... of the partnership firm.

India - Current Civil Cases

10. Mahendra Saree Emporium VS G. V. Srinivasa Murthy - 27 Aug 04

Simply because the sole proprietary business was converted into a partnership business being run in the suit premises, it does not amount to sub-letting for eviction under Section 21(1)(f) of the Karnataka Rent Control Act, 1961.

with the tenant and the partnership is nothing but a camouflage for parting with by the tenant of the possession or right to use ... The brothers, a wife of one of the brothers and a cousin have entered into partnership with the tenant for the purpose of carrying ... business-Tenant s two brothers, one brother s wife and one uncle s son are included in the partnership-Whether there has been sub-letting ... This Court held that if there was a partnership firm of which the appellant was a partner as a tenant, the same would not amount ... that earlier he was in possession in the capacity of partner of the old firm and later as a partner of the new firm. ... This partnership closed and a new firm by the name of Meghraj Bansidhar commenced its business with partners Meghraj and Bansidhar

India - Supreme Court