Search Results for "Unregistered partnership firm"

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Search Results for "Unregistered partnership firm"

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Supreme Court

Supreme Court Sets Aside High Court's Remand Order in Civil Suit for Cancellation of Sale Deed - Directs Trial Court to Decide Based on Existing Evidence. The Court held that remand for de novo trial was unjustified as the Trial Court had already recorded evidence and decided on merits under Section 103 of the Indian Evidence Act, 1872, with no exceptional circumstances present.

27 Feb 2023

The appeal arose from a common judgment of the High Court of Kerala dated 28.06.2019, which disposed of four appeals related to civil suits between si...

High Court

Bombay High Court Dismisses Writ Petition Challenging Tender Cancellation in Government Contract — No Arbitrariness Found in Cancellation of Tender for Bridge Construction. Court Held That the Decision to Cancel Tender Was Based on Valid Grounds of Non-Compliance with Tender Conditions and Was Not Malafide or Arbitrary.

8 Apr 2019

The petitioner, Hanwant Singh J. Ranavat, carrying on business as a government civil contractor under the name M/S Jain Construction Company, filed a ...

Supreme Court

Supreme Court Remands Case to High Court for Fresh Consideration in Arbitration Application Dispute — Partnership Deed Clause and Unregistered Partnership Issue. The Court held that the High Court erred in not considering the precedent in Krishna Motor Service vs. H.B. Vittala Kamath regarding the maintainability of an application under Section 20 of the Arbitration Act, 1940 in respect of an unregistered partnership.

4 Apr 2019

The Supreme Court allowed the appeal filed by the legal representatives of the original defendants against the judgment of the Allahabad High Court. T...

High Court

High Court of Karnataka Allows Assessee's Appeal in VAT Case — Revisional Authority's Order Set Aside for Lack of Proper Application of Mind. The Court held that the revisional authority under Section 64(1) of the Karnataka Value Added Tax Act, 2003 cannot set aside a first appellate order without recording a finding that the order is erroneous and prejudicial to the interests of revenue.

26 Jun 2018

The appellant, M/s Dhammanagi Property Developers, a partnership firm, filed Sales Tax Appeals under Section 66(1) of the Karnataka Value Added Tax Ac...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Act Order for Police Aid — No Locus Standi for Borrower's Partner After Property Sold to Third Party. The Court held that once the secured asset is sold and possession handed over to the auction purchaser, the borrower or its partner has no right to challenge the Section 14 order, and the remedy lies before the DRT under Section 17 of the SARFAESI Act.

9 Oct 2015

The petitioners, M/s. National Laminate Corporation (a partnership firm) and its partner Mr. Jayantilal L. Nisar, filed a writ petition under Article ...

High Court

Bombay High Court Dismisses Second Appeal in Partnership Dispute, Upholds Small Causes Court Jurisdiction. Fixed monthly payment of Rs.1,500/- to one partner held permissible under partnership deed, and oral evidence inconsistent with written terms cannot be considered.

4 Apr 2014

The case involves a second appeal filed by the original defendants (appellants) against the judgment of the Ad-hoc District Judge-2, Nagpur, dismissin...

High Court

Bombay High Court Dismisses Application for Appointment of Sole Arbitrator in Partnership Dispute — Arbitration Clause Requires Multiple Arbitrators. The court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, the arbitration clause specifying 'arbitrators' in plural and 'one by each party' mandates appointment of multiple arbitrators, not a sole arbitrator.

4 Sep 2013

The case involves an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by Mrs. Perin Hoshang Davierwalla and anothe...

High Court

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.

15 Sep 2011

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...

High Court

Bombay High Court Dismisses Petition for Stay of Suit Under Section 10 CPC — No Identity of Subject Matter Between Two Suits. The court held that a suit for dissolution of partnership and accounts is not directly and substantially the same as a suit for induction as a partner and injunction, and therefore Section 10 CPC does not apply.

23 Dec 2005

The petitioners, M/s. Sadguru Constructions and another, filed a writ petition challenging an order dated 6.10.2005 passed by the 8th Joint Civil Judg...

High Court

Bombay High Court Allows Arbitration Appeals and Interim Applications in Developer Dispute — Upholds Appointment of Arbitrator Despite Alleged Non-Signatory Status. Court holds that non-signatory to an arbitration agreement can be referred to arbitration under the 'group of companies' doctrine and Section 8 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The judgment arises from two arbitration appeals and two interim applications filed before the Bombay High Court. The appellants, Arvind Ratanchand Ja...

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