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Bombay High Court Dismisses Petition to Quash Summons in Partnership Dispute — Allegations of Cheating and Criminal Breach of Trust Under Sections 420, 406 IPC. Court holds that prima facie case exists for trial, refusing to interfere with lower court orders.

The petitioners, Ramesh Dadarao Bagdure and Omprakash Satyanrayan Baheti, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Benc...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Allows Assessee's Claim for Capital Gains Treatment in Partnership Dissolution Case. Gains from Sale of Land Held as Co-owned Personal Asset Not Business Income Under Income Tax Act, 1961.

The case involved an income tax reference under Section 256 of the Income Tax Act, 1961, for the assessment year 1988-89. The assessee, an individual ...

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Bombay High Court Dismisses Appeal in Partition Suit, Upholds Single Judge's Refusal of Interim Relief. Court holds that property acquired by siblings after father's insolvency cannot be presumed to be joint family property without evidence of joint funds or common business.

The appeal arose from a judgment of a learned Single Judge dated 27 August 2013 dismissing a motion for interim relief in a suit for partition. The ap...

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Bombay High Court Allows Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unregistered Partnership Firm. Court Holds That Section 69(3) of Partnership Act, 1932 Does Not Bar Arbitration Reference for Claims Arising from Partnership Disputes.

The applicant, Ezra Victor Aboody, and the respondent, H. Dhanrajgir Estate Pvt. Ltd., entered into a partnership deed on 14 February 2003 for coachin...

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Bombay High Court Dismisses Appeal Against Rejection of Section 9 Application for Unregistered Partnership Firm. Section 69(3) of the Partnership Act, 1932 Bars Interim Relief Under Arbitration and Conciliation Act, 1996 for Unregistered Firm.

The appellant, Masood Mohmmed Husain, filed an appeal against the rejection of his application under Section 9 of the Arbitration and Conciliation Act...

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Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...

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Supreme Court Allows Firm's Registration Under Section 26A of Income-tax Act, 1922 as Partnership Deed Read Reasonably Specified Equal Shares. Specifying Equal Division Among Partners Sufficiently Indicated One-Third Share Each, Satisfying Statutory Requirement for Registration.

Three brothers entered into a partnership in 1949 for doing business. The partnership deed, in clause 3, allotted equal capital to each partner, and c...