Partnership Firm Archives

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

‘Only being a woman cannot grant additional protection to the accused’; Delhi High Court refuses anticipatory bail to woman accused

It is the case of the prosecution that accused actively connived along with the co-accused in projecting herself to be a partner along with the complainant to obtain an overdraft facility from the bank.

Case Briefs High Courts

Delhi High Court | Errors that are apparent on record can be subjected to review and not the ones required to be discovered through a process of legal reasoning/ arguments

Delhi High Court: In a review petition filed under Section 114 read with Section 151 of the Civil Procedure Code on behalf

Case Briefs Supreme Court

Dishonour of cheque| Partner cannot be held to be vicariously liable when partnership firm is not tried as primary offender: SC

Supreme Court: Explaining the law on vicarious liability under the Negotiable Instruments Act, 1881, the bench of Ajay Rastogi and Sanjiv Khanna*,

Case Briefs District Court

Law on S. 138 NI Act | Cheque dishonored, case filed under S. 138 NI Act: Can borrower raise defense that lender had no financial capacity to lend money? Complete report on ruling by Tis-Hazari Courts

Tis Hazari Courts, New Delhi: Devanshu Sajlan, MM NI Act-05, while noting the ingredients of Section 138 of the Negotiable Instruments Act,

Case Briefs High Courts

Ker HC| CAs Right to Practice: Can ICAI refuse to recognize retirement of CA from a firm? HC explains legal position

Kerala High Court: N.Nagaresh, J., pronounced a landmark judgment regarding right to practice of Chartered Accountants. The Bench held, “The decision of

Case Briefs High Courts

P&H HC | Experience gained by erstwhile partnership firm could not be construed as experience of partners in an individual capacity; HC dismisses the petition

Punjab and Haryana High Court: The Division Bench comprising of Ravi Shanker Jha, CJ., and Arun Palli, J., heard the instant petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT | Petitioner failed to establish a contractual relationship with the corporate Debtor; Tribunal dismisses application

National Company Law Tribunal (NCLT): A Division Bench of Chandra Bhan Singh (Technical Member) and Suchitra Kanuparthi (Judicial Member) dismissed an application