partnership Archives

‘One business partner’s conduct detrimental to another’; Bombay HC grants interim relief u/s 9 to aggrieved partner, in absence of efficacious remedy u/s 17 of Arbitration Act, 1996

Due to the respondent 1’s brazen disregard for the status quo order, the Court in absence of a Section 17 remedy, had to grant an interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

‘Personal hearing no substitute for comprehensive written reply’; Calcutta High Court grants interim protection in partnership dispute

Calcutta High Court noted that discrepancies in service date and providing inadequate time for response to show-cause notice, indicates a breach of natural justice.

Case Briefs High Courts

Delhi High Court | Errors that are apparent on record can be subjected to review and not the ones required to be discovered through a process of legal reasoning/ arguments

Delhi High Court: In a review petition filed under Section 114 read with Section 151 of the Civil Procedure Code on behalf

Case Briefs Supreme Court

Section 45(4) of Income Tax Act applies not only in case of dissolution but also when subsisting partners transfer assets to retiring partners

The bench of MR Shah and M.M Sundresh, JJ explained the importance of the words “or otherwise” inserted to Section 45(4) of the Income Tax Act, 1961 by the Finance Act, 1987

Case Briefs High Courts

Every partner is liable, jointly with all other partners and also severally for all acts of firm done while he is a partner: Is it true? Bom HC answers

Bombay High Court: Expressing that, a firm is not a legal entity, N.J. Jamadar, J., held that a partnership firm is only

Case Briefs Supreme Court

Written instruments entitled to much higher degree of credit than parol evidence; Old partnership deed clauses not superseded by new deed will continue to operate: SC

Supreme Court: The 3-Judges Bench comprising of L. Nageswara Rao, Sanjiv Khanna, B.R. Gavai*, JJ., held that when parties deliberately put their

Case Briefs High Courts

Relief under S. 9 of the Arbitration and Conciliation Act: Can it be granted to a party who is not party to arbitration agreement? Read Utt HC’s ruling

Uttaranchal High Court: Emphasizing on the purpose and object of Section 9 of the Arbitration and Conciliation Act, 1996, Division bench of

Case Briefs High Courts

Pat HC | “Whether the firm was a partnership or proprietorship would be answered by way of a declaration in a proper constituted suit”; HC dismisses appeal seeking misguided relief

Patna High Court: The Division Bench of Sanjay Karol, CJ., and S. Kumar, J., denied to entertain an intra-court appeal against the

Op Eds OP. ED.

Retirement of a Partner and Dissolution of a Firm

by Achal Gupta*

Case Briefs High Courts

Madras HC | Presumption under S. 139 NI Act in favour of holder of cheque arises once its execution is admitted by accused

Madras High Court: The Bench of P. Velmurugan J. convicted the accused under Section 138 of the Negotiable Instruments Act, 1881 (for dishonour

Case Briefs Supreme Court

Term “Other proceedings” under S. 69(3) of the Partnership Act, 1932 does not include Arbitral Proceedings

Supreme Court: Dealing with the question relating to interpretation of Section 69(3) of the Partnership Act, 1932 with reference to its applicability