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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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Karnataka High Court Allows Appeal in Income Tax Case on Capital Gains Liability of Firm on Partner's Retirement. Full Bench resolves conflict under Section 45(4) of Income Tax Act, 1961 regarding liability when retiring partner receives only money for his share without distribution of assets.

The case involves an appeal under Section 260-A of the Income Tax Act, 1961, arising from an order dated 02.03.2006 in ITA No.1295/BANG/2004 for the a...

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Bombay High Court Declares Defendant Trespasser and Orders Possession and Mesne Profits in Partnership Dissolution Dispute. Executor of Deceased Partner Succeeds in Establishing Right to Suit Premises.

The suit was filed by the original plaintiff Lakchand Dhanji Shah, executor under the will of Narshi Hansraj Khona (deceased), against the defendant N...

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Bombay High Court Dismisses Employer's Petition and Allows Workmen's Petition in Gratuity and Bonus Dispute. Employer's Liability Under Payment of Gratuity Act, 1972 and Industrial Disputes Act, 1947 Continues Despite Partnership Dissolution and Court Receivership.

The judgment involves two connected writ petitions arising from the same factual matrix concerning a partnership firm, Daulatram Dyeing and Bleaching ...

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Bombay High Court Dismisses Appeal in Partnership Act Suit — Unregistered Firm Cannot Sue for Injunction. Section 69(2)(a) of Indian Partnership Act, 1932 bars suit by unregistered firm for enforcement of rights arising from contract.

The appellants, Abdul Jabar Mohammed Ishaq and another, were the original plaintiffs who filed a suit in the City Civil Court at Bombay against ten de...