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Nov 07 2003

J.K. Finance and Chit Funds Vs. R. Surya Kumar and anr.

Court : Andhra Pradesh

Decided on : Nov-07-2003

Subject : ContractCivil

Acts : Partnership Act, 1932 - Sections 69(2)

Reported in : AIR2004AP190; 2004(1)ALD847; II(2004)BC558

requirement of Section 69 (2) complied with - registration of partnership deed separately not a necessary stipulation. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.

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Nov 04 1997

Sreeram Finance Corporation, Ongole Vs. K. Devashahayam and ors.

Court : Andhra Pradesh

Decided on : Nov-04-1997

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 69(2); Code of Civil Procedure (CPC), 1908 - Sections 115 - Order 30, Rule 1

Reported in : 1998(2)ALD274A; 1997(6)ALT560

High Court opined compliance with only one of conditions sufficient - District Munsif's dismissal Order turned down. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … plaintiff! However, while determining point No.3 viz., whether the suit is not maintainable in view of non-compliance of Section 69(2) of IndianPartnership Act, the learned District Munsif held in the negative. The reason being that according to sub-section

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May 19 1976

The National Industrial Development Corporation Ltd. Vs. State of U.P. ...

Court : Allahabad

Decided on : May-19-1976

Subject : PropertyCivil

Acts : Transfer of Property Act, 1882 - Sections 69 and 69(4); Land Revenue Act - Sections 179 abd 180; Uttar Pradesh Land Revenue Act, 1901 - Sections 162(1), 171, 172, 176, 177 and 179; Civil Proceduer Code , 1908 - Sections 73

Reported in : AIR1977All63

for purpose of Section 69 not to include statutory sale under U. P. Land Revenue Act, 1901. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.

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Apr 24 2001

S.V. Rama Krishna Vs. R. Subbamma and anr.

Court : Andhra Pradesh

Decided on : Apr-24-2001

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Order 21 - Rules 69(2) and 90

Reported in : 2001(5)ALT657

interval between two adjournments is more than thirty days - no irregularity by respondent in conducting sale. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … two lakh rupees and the 2nd respondent knocked away the same at a substantially lower amount of Rs. 69,000/-, and that the sale is a collusive and nominal one and that with the connivance of the other

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Apr 18 1963

Bharat Prasad Vs. Paras Singh and ors.

Court : Allahabad

Decided on : Apr-18-1963

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 69(1) and 69(3); Transfer of Property Act, 1882 - Sections 3, 6 and 130

Reported in : AIR1964All15

a partner - suit by partner against debtor to recover his shares - held, suit was maintainable. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … due from Hardeo Singh had been paid off by him, and that the present suit was barred by Section 69 of the Partnership-Act as well as Section, 130 of the Transfer of Property Act.2. The trial Court repelled

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Jul 24 1975

Smt. Rampa Devi and ors. Vs. Bishambhar Nath Puri and ors.

Court : Allahabad

Decided on : Jul-24-1975

Subject : Arbitration

Acts : Partnership Act, 1932 - Sections 58, 58(3), 58(4) and 69; Arbitration Act, 1940 - Sections 20

Reported in : AIR1976All19

arbitrator and refer the dispute to him - non registration of firm does not invalidate arbitration clause. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … under Section 58 of the Indian Partnership Act and therefore the petition was barred by the provisions of Section 69 of that Act The matter was brought to this Court in appeal. The order of the court below

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Jul 04 1989

Chhote Lal Vs. U.P. State Electricity Board

Court : Allahabad

Decided on : Jul-04-1989

Subject : Commercial

Acts : Indian Partnership Act, 1932 - Sections 56, 69, 69(1), (2), (3) and (4); Arbitration Act, 1940 - Sections 8(2), 20 and 34; Presidency-towns Insolvency Act, 1909; Provincial Insolvency Act, 1920; Presidency Small Cause Courts Act, 1882 - Sections 19; Provincial Small Cause Courts Act, 1887

Reported in : AIR1990All27

no right to enforce its rights arising out of a contract - such a suit is barred. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … contract being unregistered, the plaintiff was not entitled to claim any amount as the suit was barred under Section 69(2) of the Indian Partnership Act. It was also contended that the dispute sought to be referred to arbitration

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Apr 27 2001

A.J.M. Prasada Rao Vs. Chairman, Visakhapatnam Port Trust and ors.

Court : Andhra Pradesh

Decided on : Apr-27-2001

Subject : Service

Acts : Visakhapatnam Post Employees' (Classification, Control and Appeal) Regulations, 1968 - Regulations 8 and 10(3) to 10(23) - Rule 12; Central Civil Services (Pension) Rules, 1972 - Rules 9, 9(4), 9(10), 30 and 69

Reported in : 2001(5)ALT381

justified in sanctioning provisional pension - respondents were directed to release full pension with interest at 12%. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … per the Government of India decision No.6, under rule 9 grant of 100% provisional pension under rule Rule 69 is mandatory even if departmental proceedings are continued. It is also submitted that the same rule (Rule 69)

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Feb 08 1966

Radhey Shyam Vs. Beni Ram Mool Chand

Court : Allahabad

Decided on : Feb-08-1966

Subject : Civil

Acts : Limitation Act, 1908 - Sections 14; Code of Civil Procedure (CPC) , 1908 - Sections 11; Partnership Act, 1932 - Sections 69(3)

Reported in : AIR1967All28

- suit filed for recovery of assets after dissolution of unregistered firm is not barred by law. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the balance of the amount claimed by the plaintiff was due, that the suit was not barred by Section 69 of the Indian Partnership Act as the plaintiff firm had been dissolved before the suit, that the plaintiff

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Jul 28 1967

Paras Nath and ors. Vs. State

Court : Allahabad

Decided on : Jul-28-1967

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 386(1), 401 and 401(1); Indian Penal Code (IPC), 1860 - Sections 64, 68 and 69

Reported in : AIR1969All116; 1969CriLJ350

fine remains and accused can be legally sent to jail to serve the remaining period of imprisonment. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … imposition of the sentence of imprisonment in default of payment of the fine, are Sections 64, 68 and 69 of the Indian Penal Code. These Sections stand thus:--'64. In every case of an offence punishable with imprisonment

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