Judgment Search Results Home > Cases Phrase: indian partnership act 1932 section 54 agreements in restraint of trade Page 1 of about 106 results (0.110 seconds)

Hukmi Chand Vs. Jaipur Ice and Oil Mills Co. and ors.

Court : Rajasthan

Reported in : AIR1980Raj155; 1980()WLN200

..... 2) and express ourselves as to whether this agreement in restraint of trade is reasonable or not, we will like to deal with the law codified in section 27 of the indian contract act, 1872 (hereinafter referred to as the contract act) and sections 36, 54 and 55 of the indian partnership act, 1932 (hereinafter referred to as the partnership act).section 27 -- agreement in restraint of trade void. ..... in section 36(2) of the partnership act, agreement in restraint of trade can be with regard to the specified period, or within the specified local limits, and similarly also in section 54 of the partnership act, but it is not without significance that under sub-section (3) of section 55 of the partnership act, which relates to agreement in restraint of trade in case the goodwill is sold after dissolution, the agreement in restraint of trade has to be only within the specified local limits and there is no mention that it can also be relating to a specified period ..... , to our mind, there is nothing indefinite, in as much as, firstly we have already said above that in case of sale of goodwill after dissolution under sub-section (3) of section 55 of the partnership act, the agreement in restraint of trade by the seller of goodwill with the buyer is that he will not carry on similar business within the specified local limits, a condition in the agreement of not carrying similar business by the out-going partner only on the adjoining premises, which fell to his share under the dissolution deed .....

M/S. Ravi Teja Communication Vs. M/S. Zee Turner Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... indian partnership act, 1932 provides for such restraint in terms of sub section 2 of section 36 of the act ..... indian partnership act, 1932 has, by section 4, defined a "partnership" as "the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting ..... the respondent no.2 is not and could not have been a joint venture undertaking and in any event having regard to the provisions contained in sub-section 2 of section 69 of the indian partnership act, it could not have enforced the so-called mou being an unregistered firm, it must be held, that the respondent no.2 has no locus standi to intervene in the matter. 13. ..... section 27 of the indian contract act deals with restraint in trade ..... (respondent) null and void (annexure p-2); and (ii) direct the respondent (m/s zee-turner ltd) to execute the proper written agreement for supply of the signals with reasonable terms and conditions in the existing area of m/s ravi teja communication networks at miryalguda, petitioner; and ..... a non-competing business, even though he may be enabled to push the private trade better than would otherwise be the case by reason of his connexion with the ..... his individual capacity, although he is a partner of a firm, no order can be passed by a court of law in terms whereof in stead and in place of giving effect to the purpose and object of a parliamentary act and the regulations framed by an independent regulator, a person can be restrained from carrying on a trade. .....

Krishnarao Narayanrao Chawate Vs. Shankar Sahadev Mungekar

Court : Mumbai

Reported in : (1954)56BOMLR973

..... now, section 54 of the partnership act in terms exempts such an agreement from the operation of the rule which renders an agreement in restraint of trade as void under our law provided the restrictions imposed are reasonable.9. ..... the rule contained in section 54 merely lays down an exception to the general rule contained in section 27 of the contract act that all agreements in restraint of trade are void. ..... it is true that the plaintiffs have to rely on the rule laid down in section 54 of the partnership act, but that is not in support of any part of their cause of action but in defence and only to meet the contention that the agreement contained in these stipulations is void as being contrary to public policy. ..... section 27 of the indian contract act in broad and comprehensive terms lays down the rule that every agreement by which any person is restrained from exercising a lawful trade or business of any kind, is, to that extent, void. ..... reference was made to section 54 of the partnership act which is as follows :-partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of them will not carry on a business similar to that of the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall he valid if the restrictions imposed are reasonable.it was strongly urged that but for this provision the plaintiffs would not .....

Hukmi Chand Vs. the Jaipur Ice and Oil Mills Co. and ors.

Court : Rajasthan

Reported in : 1969WLN570

..... the relevant section in the indian partnership act 1932 are these:'section' 36. ..... (a) use the firm name,(b) represent himself as carrying on the business of the firm, or(c) solicit the custom of persons who were dealing with the firm before he ceased to be a partner.agreements in restraint of trade - (2) a partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within specified local limits; and, not withstanding any thing contained in section 27 of the indian contract ac? ..... section 27 of the contract act provides as follows:27 agreement in restraint of trade void - every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.exception 1 - saving of agreement not to carry on business of which goodwill is sold: one who sells goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person ..... , 1872 such agreement shall be valid if the restrictions imposed are reasonable.section 54, agreements in restraint of trade. .....

Shri Gagandeep Singh S/O Shri Deshpal Singh Vs. Shri B.R. Arya,

Court : Delhi

Reported in : 129(2006)DLT544

..... learned counsel for the plaintiff submitted, on the basis of the above clause read with section 36 of the indian partnership act, 1932 (the act) that defendants no. ..... , subject to contract to the contrary, he may not, -(a) use the firm name,(b) represent himself as carrying on the business of the firm, or(c) solicit the custom of persons who were dealing with the firm before he ceased to be a partner.agreements in restraint of trade. ..... - (2) a partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within a specified local limits; and, notwithstanding anything contained in section 27 of the indian contract act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable.6. ..... 2 and 3 who are the former partners of the partnership perfection silk and saree kendra, after retirement, can be permitted to use the trade name in any form or not.3. ..... that first, second and fifth parties shall be entitled to and have exclusive right over goodwill of the partnership business including the name 'perfection silk and saree kendra and the retiring partners shri ranbir singh and shri manpreet singh have no right, title or interest whatsoever in any asset or the partnership business including its goodwill and the name' m/s. ..... in the absence of any restrictive covenant in their agreement with the plaintiff or any restrictive provision in the act, defendants no. .....

Raj Chopra and anr. Vs. Narender Anand and ors.

Court : Delhi

Reported in : 1991(21)DRJ53

..... ' the indian partnership act, 1932 : 'section 54. ..... (18) various decisions of the english courts were cited show how the legal doctrine regarding agreements in restraint of trade becomes applicable and what are the considerations in determines reasonableness. ..... the court does not gently look upon an agreement in restraint of trade and the party who claims that restriction imposed is reasonable has to prove its point which in the present case plaintiffs have not been able to do so. ..... krishan murgai, : (1981)illj121sc , observed that when a covenant or an agreement was impeached on the ground that it was in restraint of trade, it was the duty of the court first to interpret the covenant or agreement itself and to ascertain according to the ordinary rules of construction what was the fair meaning of the parties. ..... '(16) under section 27 of the contract act every agreement by which any person is restrained from exercising a lawful profession, trade or business of any kind is to that extent void. ..... restraint clause would appear to be per se void under section 27 of the contract act as it puts restriction on the party preventing him from exercising his lawful right of trade or business of the kind. ..... every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. .....

M/S Shree Ganesha Enterprises Vs. Sandeep Gullah

Court : Delhi

..... section 14 of the indian partnership act, 1932 expressly stipulates that the property of the firm will include the goodwill of ..... cine corporation; air 1968 sc 676 are worth noting wherein the court observed thus: "under the partnership act, 1932, property which is brought into the partnership by the partners when it is formed or which may be acquired in the course of the business becomes the property of the partnership and a partner is, subject to any special agreement between the partners, entitled upon dissolution to a share in the money representing the value of the ..... agreements in restraint of trade ..... demolish the case of the plaintiff, the defendant placed two photocopies of documents; one certificate of permissive use dated 17.03.2011 and the second revocation agreement, in order to impress the court that the partnership business was carried out by the parties and his retirement under permissive user by the defendant who revoke the same. ..... may upon the sale of the goodwill of a firm, make an agreement with the buyer that such partner will not carry on any business similar to that of the firm within a specified period or within specified local limits, and, notwithstanding anything contained in section 27 of the indian contract act, 1872 such agreement shall be valid if the restrictions are reasonable. ..... on 02.07.2011, after the revocation agreement was executed between the plaintiff and the defendant the permission of the defendant to use the trade mark "city banquet" was also .....

The Court Receiver, High Court, as Receiver of the Business and Assets ...

Court : Mumbai

Reported in : 2003(3)ALLMR873; 2003(5)BomCR501; 2003(27)PTC555(Bom); [2003]45SCL335(Bom)

..... section 14 of the indian partnership act, 1932 expressly stipulates that the property of the firm will include the goodwill ..... agreements in restraint of trade ..... may upon the sale of the goodwill of a firm, make an agreement with the buyer that such partner will not carry on any business similar to that of the firm within a specified period or within specified local limits, and, notwithstanding anything contained in section 27 of the indian contract act, 1872 such agreement shall be valid if the restrictions are reasonable. ..... fifteen edition, puts it thus:-'assuming that the goodwill to be an asset of the firm, then the following consequences ensue: (1) if the firm is dissolved, and there is no agreement, either express or implied, to the contrary, the goodwill must be sold for the benefit of all the partners, if any of them insist on such sale:(2) so far as it possible, having regard to the right of ever partner to ..... recognised by the privy council, and there are numerous cases of plaintiffs succeeding in passing-off actions even though they may have been out of business for several years.in an early trade mark case it was suggested by analogy with the law of easements that an intention to abandon goodwill was essential if it was to be extinguished, but this has subsequently been denied ..... these marks have, according to the learned counsel, become vulnerable because section 24 of the trade marks act requires the marks to be used by partners and use by anyone else would not be used by .....

Krishan Murgai Vs. Superintendence Company of India (P) Ltd.

Court : Delhi

Reported in : AIR1979Delhi232

..... three more exceptions to the rule were also a part of the chapter on partnership in the unamended contract act, which later became the indian partnership act, 1932. ..... 271: 'agreements in restraint of trade. ..... those english decisions, which relate to exceptions to the rule against restraint of trade which go beyond the exceptions in the indian statute are not, thereforee, relevant and applicable to the construction of the indian contract act.14. ..... section 27 as stated earlier, is in-1 tended to narrow the scope of the common law in allowing contracts in restraint of trade. ..... injunctions are granted under section 42 of the specific relief act, 1963 to enforce negative agreement, express or implied'. ..... our reasons for this conclusion are as below: section 27 of the contract act, 1872, reads as under:'every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. ..... the court has repeatedly emphasised that section 27 does not apply to a negative covenant operating during the period of service. ..... this is directly contrary to section 27 of the contract act.24. ..... it does not appear to be hit by section 23 or 27 of the contract act. ..... section 27 of the contract act is in absolute terms. ..... -this section, like the last, unfortunately follows the new york draft code, which has been the evil genius of this act. ..... the illustrations to the section also further clarify the meaning of influence. .....

M/S Bhagwan Dass Khanna Jewellers Vs. Bhagwan Das Khanna Jewellers Pvt ...

Court : Delhi

..... itself recognized by the partnership act in the section 42 of the indian partnership act, 1932.26. ..... cine corporation, air 196.sc 67.are worth noting wherein the court observed thus: under the partnership act, 1932, property which is brought into the partnership by the partners when it is formed or which may be acquired in the course of the business becomes the property of the partnership and a partner is, subject to any special agreement between the partners, entitled upon dissolution to a share in the money representing the value ..... agreements in restraint of trade ..... partnership act does not operate to extinguish the right in the assets of the firm of a partner who dies when the partnership agreement provides that on death the partnership ..... upon the sale of the goodwill of a firm, make an agreement with the buyer that such partner will not carry on any business similar to that of the firm within a specified period or within specified local limits, and, notwithstanding anything contained in section 27 of the indian contract act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable.35. ..... where the goodwill of a firm is sold after dissolution, a partner may carry on a business competing with that of the buyer and he may advertise such business, but, subject to agreement between him and the buyer, he may not(a) use the firm name, (b) represent himself as carrying on the business of the firm, or (c) solicit the custom of persons who were dealing with .....