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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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Supreme Court Dismisses Appeal in Partnership Dissolution Case — Limitation Bar Cannot Be Raised for First Time in Appeal Without Pleadings. Division Bench Correctly Set Aside Single Judge's Order on Limitation Issue Not Raised in Trial Court.

The present appeal arises from a partnership dispute. The plaintiff, S. Raghuraj Reddy, along with other partners, constituted a partnership firm, M/s...

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Bombay High Court Adjudicates Testamentary Suit Over Letters of Administration of Intestate Estate. Heirs' rights to apply for administration and valuation of deceased's partnership interest were contested, with caveator's objection not withdrawn despite release deed.

The proceedings concerned a petition for Letters of Administration to the estate of Shankarrao H. Parelkar, who died intestate on 8 November 1979. He ...

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Bombay High Court Allows Section 11 Application in Partnership Dispute and Refers Unsettled Amount to Arbitration. Consent Terms Settling Family Disputes Did Not Discharge Partnership Firm Without Mutually Agreed Amount, and Anti-Arbitration Injunction in Disposed Suit Was Refused.

Background: The dispute arose from the estate of Mulchand Anantji Shah, a partner in Inter Globe Services, a partnership firm governed by a Partnershi...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...

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Bombay High Court Passes Order on Interim Plea Over Yes Bank Management Rights Claimed by Heirs of Ashok Kapur. Core Issue Involves Interpretation of Articles of Association Regarding Heritability of Co-founder's Defined Privileges Following His Death in 2008 Mumbai Terror Attacks.

The judgment deals with a Notice of Motion taken out by the legal heirs of late Ashok Kapur, co-founder of Yes Bank, who perished in the November 2008...

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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...