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Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour.

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional S...

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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 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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Bombay High Court Allows Section 11 Application, Holds LLP Can Be Party to Arbitration Under LLP Agreement Despite Not Being Signatory. LLP Agreement is Charter Document Binding the LLP, and Disputes Relating to LLP's Affairs Necessarily Involve LLP as Party.

The applicant, Kartik Radia, a former partner of BDO India LLP, was expelled from the LLP. He sought to initiate arbitration under the LLP Agreement d...

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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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Supreme Court Dismisses Appeal in Partnership Dispute, Upholds Dissolution Over Retirement. Court clarifies distinction between retirement of a partner and dissolution of a partnership firm under the Partnership Act, 1932.

The Supreme Court dismissed the appeals filed by Guru Nanak Industries and Swaran Singh (since deceased, represented by legal representatives) against...

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Bombay High Court Dismisses Revenue's Appeal in Keyman Insurance Premium Deduction Case. Partnership Firm's Premium on Partner's Life Insurance Held Allowable as Business Expenditure Under Section 37(1) of Income Tax Act, 1961.

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961 challenged the order of the Income Tax Appellate Tribunal (ITAT) which had co...

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Bombay High Court Allows Second Appeal in Landlord-Tenant Dispute — Partnership Claim Fails for Lack of Registration. Relationship of landlord and tenant established by payment of rent and acceptance, not partnership.

The case involves a second appeal filed by the defendants (appellants) against the judgment of the Additional District Judge, Nasik dated 3.10.1992, w...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Partnership Dispute — Deed of Reconstituted Partnership Held Genuine. Court finds no perversity in arbitrator's finding that the 26 May 2006 partnership deed was duly proved by claimant's testimony identifying signatories.

The case involves an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award passed by a so...