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Search Results for "partnership retirement"

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High Court

High Court of Karnataka Allows Appeal in Partnership Dispute Over Appointment of Receiver. Court sets aside order appointing receiver for partnership firm M/s Sea Line Trading, holding that the trial court failed to consider the balance of convenience and the fact that the appellant was a partner in possession of the firm's assets.

8 Apr 2026

The case involves a commercial appeal filed under Section 13(1A) of the Commercial Courts Act, 2015 read with Order 41 Rule 1 of the CPC, challenging ...

High Court

High Court of Bombay at Goa Quashes Registrar's Communication in Partnership Registration Case Due to Excess of Jurisdiction. Registrar Lacked Authority Under Section 63(1) of Indian Partnership Act, 1932 to Demand Marital Status Information from Spouses Governed by Goa's Civil Code with Communion of Assets Regime.

16 Mar 2026

The dispute involved a writ petition filed by husband and wife petitioners challenging a communication from the Registrar of Firms that sought clarifi...

High Court

High Court of Karnataka Dismisses Writ Petition by Retired Partners in Debt Recovery Case Upholding DRT and DRAT Orders. Retired Partners Remain Liable for Original Bank Loan as Bank Did Not Formally Release Them Despite Reconstitution of Partnership Firm and Execution of Fresh Agreements with New Partners Under Indian Partnership Act, 1932.

16 Feb 2026

The dispute arose from a writ petition filed by two retired partners of M/s. Srishti Components, a partnership firm, challenging orders of the Debts R...

High Court

High Court of Karnataka Allows Writ Petition Quashing Lokayukta Directions in Vehicle Registration Dispute — Lack of Jurisdiction and Violation of Natural Justice. Impugned Letters Issued Without Authority and Without Hearing Petitioner Are Set Aside.

20 Sep 2024

The petitioner, Chandrashekar, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash several letters/directio...

Supreme Court

Supreme Court Allows Revenue's Appeal in Capital Gains Tax Case — Revaluation and Credit to Partners' Capital Accounts Constitutes Transfer Under Section 45(4) of Income Tax Act, 1961. The Court held that revaluation of assets and crediting the surplus to partners' capital accounts in a reconstituted firm amounts to distribution of capital assets, attracting capital gains tax under Section 45(4), and overruled the applicability of Hind Construction Ltd. to post-1988 amendments.

24 Nov 2022

The case involves appeals by the Revenue against the judgment of the Bombay High Court which dismissed the Revenue's appeals and confirmed the ITAT's ...

Supreme Court

Supreme Court Reinstates Suit Filed by Legal Heirs in Partnership Dispute, Overturning High Court's Rejection of Plaint. The Court held that the plaint disclosed a cause of action under Order VII Rule 11 of the Code of Civil Procedure, 1908, and issues of partnership dissolution and legal heirs' rights under the Indian Partnership Act, 1932, are mixed questions of fact and law to be decided at trial.

21 Sep 2021

The dispute arose from a civil suit filed by the legal heirs of deceased partners of the partnership firm 'Soorajmull Nagarmull', seeking declarations...

Supreme Court

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.

26 May 2020

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

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Suit for Specific Performance and Injunction — Held that Plaint Discloses Cause of Action and is Not Barred by Limitation. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC as the suit is within limitation and discloses a cause of action.

16 Jul 2016

The case involves a Notice of Motion filed by Defendant No. 11, Lily Realty Private Limited, in a suit for specific performance and injunction. The pl...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside District Court Order That Had Set Aside Arbitral Award in Partnership Dispute. The court held that the District Court exceeded its jurisdiction by reappreciating evidence and substituting its own view, which is not permissible under Section 34 of the Arbitration and Conciliation Act, 1996.

11 Oct 2012

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by the appellants (partners of a firm) against the o...

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