Partnership Deed Archives

Acquittal in Section 138 NI Act reversed dishonour

Minor Discrepancy in Demand Notice Cannot Defeat Section 138 NI Act: Jabalpur Sessions Court Reverses Acquittal in Cheque Dishonour Case

“Acquittal in cheque dishonour case was set aside on the grounds that mere clerical discrepancies in the actual amount due and the amount mentioned in the demand notice under Section 138 proviso (b) NI Act do not negate the existence of a legally enforceable liability and mere denial is not enough to rebut the presumption under Section 139.”

Case Briefs High Courts

Pendency of civil and criminal litigation among partners cannot estop a partner from invoking arbitration clause: Punjab and Haryana HC

“Technicality cannot be attached with a notice served under Section 21 of the Arbitration and Conciliation Act, 1996 as that would defeat the objective of the statute, which provides for a speedy resolution of the disputes.”

Case Briefs High Courts

If dispute is arbitrable and arbitration clause exists, Courts ought to refer dispute to arbitration under S. 8 of A&C Act, 1996: Gauhati HC

In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.

Case Briefs High Courts

Guj HC | Applicability of S. 115 CPC can’t be exercised in a routine manner in absence of any perversity

Gujarat High Court: A Bench of A.J. Shastri, J. dismissed a petition being devoid of merit as the case did not fall