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Jan 07 2002

Rajanikanta Padhi Vs. B. Kameswar Subudhi (Dead) After Him His L.Rs. a ...

Court : Orissa

Decided on : Jan-07-2002

Subject : CommercialBanking

Acts : Indian Partnership Act, 1932 - Sections 69(2); Orissa Money Lenders Act, 1939

Reported in : 2002(I)OLR646

dismissed on merit with cost all throughout. Advocate's fee be assessed at contested scale. Civil - Recovery - Sections 4 and 69 of Indian Partnership Act, 1932 - Plaintiff was registered money lender - Defendant having cloth … without including the co-owner, i.e. his brother and the suit is hit by Section 69(2) of the Indian Partnership Act, 1932.8. Learned Counsel for the plaintiff/respondent repelled the aforesaid contention and defended correctness of the impugned judgment.9. Before discussing

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Feb 09 2000

Mr. Amit Desai and anr. Vs. Shine Enterprises and State

Court : Andhra Pradesh

Decided on : Feb-09-2000

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) (Cr.P.C.) - Sections 482; Negotiable Instruments Act - Sections 138 and 142; Partnership Act, 1932 - Sections 69 and 69(2); Provincial Insolvency Act, 1920; Presidency - towns Insolvency Act, 1909; Presidency Small Cause Courts Act, 1882 - Sections 19; Presidency Small Cause Courts (Amendment) Act, 1887

Reported in : 2000(1)ALD(Cri)587; 2000(1)ALT(Cri)384; [2001]107CompCas22(AP); 2000CriLJ2386

firm - Section 482 of Criminal Procedure Code, 1973, Sections 138 and 142 of Negotiable Instruments Act, 1938, Sections 69 and 69 (2) of Partnership Act, 1932, Provincial Insolvency Act,1920, Presidency towns Insolvency Act, 1909, Section 19 of … not maintainable because of the fact that the complainant firm is not registered under section 69 of the Partnership Act, 1932. Section 69 of the Partnership Act reads as under:'69.EFFECT OF NON-REGISTRATION:- (1) No suit to enforce a right

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Feb 17 1958

Bombay Cotton Export Import Co. Vs. Bharat Suryodaya Mill Co. Ltd.

Court : Mumbai

Decided on : Feb-17-1958

Subject : Civil

Acts : Partnership Act, 1932 - Sections 57, 58, 59, 69 and 69(2); Indian Independence Act, 1947 - Sections 2 and 9; Adaptation of Laws Order, 1950 - Sections 28; Application of Laws Act; Government of India Act, 1935 - Sections 18(3); General Clauses Act, 1897

Reported in : AIR1959Bom307; (1958)60BOMLR894; ILR1958Bom1351

at the date when the suit was instituted, the suit was barred by Section 69(2) of the Indian Partnership Act, 1932. 2. The plaintiffs carried on business in cotton in Karachi prior to the partition of India, The plaintiffs … not being a registered firm at the date when the suit was instituted, the suit was barred by Section 69(2) of the Indian Partnership Act, 1932. 2. The plaintiffs carried on business in cotton in Karachi prior

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Nov 27 2007

Surjansingh S/O Mohansingh Vs. Smt. Jasbir Kaur Wd/O Sardar Chanansing ...

Court : Mumbai

Decided on : Nov-27-2007

Subject : Civil

Acts : Partnership Act, 1932 - Sections 69 and 69(2); Limitation Act; Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1962; Maharashtra Partnership Act, 1932 - Sections 69(2A); Code of Civil Procedure (CPC) - Order 2, Rules 1 and 2 - Order 23, Rule 1 and 1(4) - Order 41, Rules 22 and 33

Reported in : 2008(2)ALLMR454; 2008(2)BomCR207; 2008(2)MhLj763

on the ground of limitation and also on the ground of bar under Section 69 of the Indian Partnership Act, 1932. Both these issues were answered by the trial Court in favour of appellant and the appellate Court has … of any evidence recorded by the Court IX. Whether the defendants were estopped from taking the plea under Section 69 of the Partnership Act, in view of their pleadings X. Whether the question of limitation which was … of memo of Second Appeal as substantial questions of law on 14.10.2002. 2. I have heard Shri Sirpurkar, learned Counsel for the appellant original plaintiff

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Dec 01 2004

Vilas Shriram Mahalle and anr. Vs. Rajdhaniprasad Rahinprasad Tiwari a ...

Court : Mumbai

Decided on : Dec-01-2004

Subject : CivilContract

Acts : Code of Civil Procedure (CPC) - Order 23, Rule 1(3); Partnership Act, 1932 - Sections 69 and 69(2)

Reported in : 2005(3)ALLMR478; 2005(4)BomCR869; 2005(1)MhLj596

firm.3. Admittedly, when the suit was filed the firm was not registered under Section 59 of the Indian Partnership Act, 1932 (hereinafter referred to as the said Act). The application for registration was made on 31st August, 1997. The … share of profits in the firm.3. Admittedly, when the suit was filed the firm was not registered under Section 59 of the Indian Partnership Act, 1932 (hereinafter referred to as the said Act). The application for registration … a dismissal of the suit in view of the provisions of Section 69 of the Act as amended by the Indian Partnership (Maharashtra Amendment) Act, … Civil Revision Application has been filed against the order dated 8th September, 2000, passed by the Joint Civil Judge, (Jr. Dn.), Kamptee, rejecting the applicant/plaintiffs'

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Oct 24 2008

Yessay Foodoils (Represented by Its Partners: Mohammed Iqbal S/O Late ...

Court : Karnataka

Decided on : Oct-24-2008

Subject : Tenancy

Acts : Indian Partnership Act, 1932 - Sections 69(2); Transfer of Property Act - Sections 108 and 111; Rent Act; Trade Marks Act

Reported in : 2008(5)KCCR3232; AIR2009Kant103; ILR2009KAR724; 2009(9)KarLJ156; 2009(3)AIRKarR352;

can be said to be not maintainable in view of the bar under Section 69(2) of the Indian Partnership Act, 1932 is the question that calls for an answer in this second appeal filed by the plaintiffs in the … for possession and mesne profits can be said to be not maintainable in view of the bar under Section 69(2) of the Indian Partnership Act, 1932 is the question that calls for an answer in this second

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Nov 07 2006

Purushottam and anr. Vs. Shivraj Fine Art Litho Works and ors.

Court : Supreme Court of India

Decided on : Nov-07-2006

Subject : Civil

Acts : Indian Partnership Act, 1932 - Sections 69 and 69(2); Arbitration Act - Sections 20; Trade Marks Act; Code of Civil Procedure (CPC) - Order 7, Rule 11

Reported in : 2007(1)AWC878(SC); 2006(2)CTLJ269(SC); JT2007(4)SC564; (2007)1MLJ623(SC); 2006(12)SCALE232; 2006AIRSCW5898

recommendations made by the Special Committee in its report which was considered by the legislature while enacting the Partnership Act, 1932. The Committee recommended that registration of firms be made optional as it considered making registration compulsory too drastic … and dismissed the suit holding that in view of the provisions of Section 69(2) of the Indian Partnership Act (hereinafter referred to as the 'Act'), … 10, 1992 allowed the appeal and dismissed the suit holding that in view of the provisions of Section 69(2) of the Indian Partnership Act (hereinafter referred to as the 'Act'), the suit was not maintainable, the plaintiff

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Jan 24 2007

Pochareddy Radhakrishna Reddy Vs. Gopalakrishna Rice Mill

Court : Andhra Pradesh

Decided on : Jan-24-2007

Subject : ContractProperty

Acts : Indian Partnership Act, 1932 - Sections 56, 69, 69(1) and 69(2); Presidency Towns Insolvency Act, 1903; Provincial Insolvency Act, 1920; Presidency Small Causes Courts Act, 1882 - Sections 19; Provincial Small Cause Courts Act, 1887; Code of Civil Procedure (CPC) - Sections 100

Reported in : 2007(5)ALD162

as hereunder:Whether the suit is maintainable in view of the bar imposed by Section 69(2) of the Indian Partnership Act, 1932? 3. The unsuccessful defendant in both the Courts below preferred the present second appeal. The respondent herein - … Counsel representing the appellant is as hereunder:Whether the suit is maintainable in view of the bar imposed by Section 69(2) of the Indian Partnership Act, 1932? 3. The unsuccessful defendant in both the Courts below preferred the

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Jul 21 1989

Shreeram Finance Corporation Vs. YasIn Khan and ors.

Court : Supreme Court of India

Decided on : Jul-21-1989

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 69 and 69(2); Constitution of India - Article 136

Reported in : AIR1989SC1769; JT1989(3)SC146; 1989MPLJ665(SC); 1989(2)SCALE51; (1989)3SCC476; [1989]3SCR484; 1989(2)LC505(SC)

1972, the judgment having been delivered on Dec. 12, 1972.2. The appellants are a firm registered under the Partnership Act, 1932 and inter alia carry on the business of hire-purchased automobile vehicles. The appellants were the owners of a … ground that it was not maintainable in view of the provisions of Section 69(2) of the Partnership Act, 1932. The appellants preferred an appeal against … dismissed the suit on the ground that it was not maintainable in view of the provisions of Section 69(2) of the Partnership Act, 1932. The appellants preferred an appeal against this decision to the Bombay High Court

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Nov 17 1997

Kishore Kumar B. Zaveri and Another Vs. Navinchandra H. Somaiya and Ot ...

Court : Mumbai

Decided on : Nov-17-1997

Subject : Tenancy

Acts : Partnership Act, 1932 - Sections 69(2), (2-A); Bombay Rents, Hotel and Lodging Housr Rates Control Act, 1947 - Sections 28

Reported in : AIR1998Bom153; 1998(1)ALLMR579; 1998(4)BomCR75; (1998)2BOMLR82

of Motion No. 2112 of 1995 is adjourned to 15th December, 1997.12. Order accordingly. Partnership Act, 1932 - Sections 69, 69(2-A) - Registration - Bombay Rent Act - Section 28 - Bar of - Partnership firm dissolved - … clear that the suit is barred in view of a the provisions of section 69(2-A) of the Indian Partnership Act, 1932.4. Mr. Gala has submitted that the suit is liable to be dismissed on account of the operation of

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