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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 Allows Appeal in Partnership Dispute — Plaintiff Entitled to Possession of Business and Premises. Court holds that a partnership at will can be dissolved by notice and the plaintiff as sole proprietor is entitled to recover possession from the defendant who was a partner.

The appellant, Chandrakant Kanoji Parab, filed a suit for recovery of possession of a business called M/s Ramesh Electric Works and the premises where...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Partnership Firm's Unregistered Status Does Not Bar Suit by Partners in Individual Capacity Under Section 69(2) of Indian Partnership Act, 1932.

The case involves a Civil Revision Application filed by the petitioner, Mangilal Jagrupji Jain, who was defendant no.3 in a suit for specific performa...

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Supreme Court Dismisses Appeal in Partnership Dispute — Decree Against Deceased Partner Not Executable Against Legal Representatives. Partnership Dissolved on Death of Partner Under Section 42(c) of Partnership Act, 1932, and Legal Representatives Not Bound by Decree.

The case arises from a partnership deed dated 14.04.1982 between late Sri Jai Narayan Misra and late Smt. Hashmatunnisa Begum for real estate developm...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Partnership Dispute Due to Lack of Written Arbitration Agreement. Section 11 Application Under Arbitration and Conciliation Act, 1996 Fails as Alleged Partnership Deed of 1975 Not Produced and No Arbitration Clause Established.

The applicant, Yashvant Chunilal Mody, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a s...

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Bombay High Court Dismisses Appeal in Passing Off Suit — Plaintiff Fails to Establish Proprietary Rights Over Trademark 'Suratee Tobacco Company'. The Court held that the plaintiff, as a partner, cannot claim exclusive ownership of the partnership trademark without proving dissolution and assignment.

The appellant, Syed Zakirali, filed a civil suit seeking a permanent injunction to restrain the respondents from passing off their goods as those of t...