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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1948Bom292; (1948)50BOMLR89
..... it has, however, to be observed that howsoever small the assets may be, in law, when the affairs of the partnership are being wound up, it is imperative in the absence of an agreement to the contrary as provided in section 48 of the indian partnership act that the assets must be realised, that out of the fund which is in the hands of the court or its officer, the liabilities of the firm should be first paid and whatever adjustment of ..... powers unto himself under the agreement than those conferred on him by the decretal order of reference without obtaining an order of the court in that behalf; (2) that the arbitrator assumed power to order a sum whether ex gratia or as of right or otherwise to be paid by one party to the other, a power which even the court trying the matters would not have; and (3) that the arbitrator acted contrary to the provisions of section 48 of the indian partnership act in so far as ..... when the arbitrator, if at all he did so, made his award on the basis of the offer contained in the plaintiff's attorneys' letter, there was any acceptance of that offer or that there was any agreement arrived at between the parties which would be an agreement as required by the provisions of section 48 of the indian partnership act. ..... 180 and that there was no provision made in the award as it should have been done if the terms of section 48 of the indian partnership act were adhered to, for paying the debts to third parties before any part of the assets could be handed over .....
Tag this Judgment!Court : Mumbai
Reported in : [1975]100ITR246(Bom)
..... reference may be made in this connection to the provisions of section 46 of the indian partnership act, 1932, where a partner may enforce as against the firm of which he is a partner certain contractual rights by means of a suit (without dissolution), whereas other can only be enforced by filing a suit for dissolution of the firm and having accounts ..... in my view, it would be clearly invalid inasmuch as the plurality of persons necessary to constitute the relationship of partners under section 4 of the indian partnership act, 1932, did not exist in that case.11. ..... , a partnership is a contractual relationship between persons who have agreed to do certain things as provided for under section 4 of the indian partnership act, 1932. ..... in the first place, it is possible to regard the agreement of partnership placed for our consideration not as a contract between vandravan purshottam in one capacity and vandravan purshottam in a different capacity, as mr ..... the department refused to register it, holding that the partnership deed was not validity executed inasmuch as jagatchandra had signed the agreement in two capacities, one as representating the joint hindu family and the other as the executor of the will of nemchand ..... according to him, therefore, if there was such an agreement entered into by vandravan purshottam in his one capacity with vandravan purshottam in his distinct capacity, such agreement was invalid inasmuch as it was tantamount to a person entering into an agreement with himself. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom410; (1939)41BOMLR899
..... there are two plaintiffs, both of which are firms, which have been registered under the indian partnership act, 1932. ..... this seems to me a danger which section 69 of the, indian partnership act may place in the way of perfectly honest and bona fide lenders. ..... under section 4 of the partnership act, ' partnership' is defined as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. ..... defences were set up on the merits, all of which failed, but by an amendment the defendants alleged that in respect of these transactions for financing them the two plaintiff firms became partners ad hoc, and that that partnership was not registered under the partnership act, and, therefore, the plaintiffs' suit did not lie under section 69(2) of the act. ..... is exhibit rule in exhibit q the two plaintiff firms are described as pledgees, which expression was to include, unless repugnant to the context, the partners for the time being in the two plaintiff firms, and the agreement provides that the pledgees will lend to the pledgors, that is the defendants, the sums therein mentioned against a pledge of corrugated iron sheets, and there were the usual provisions for securing due cover ..... according to section 4 of the indian partnership act, a partnership is defined as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2007Bom56; 2007(1)ALLMR785; 2007(3)BomCR447
..... 2004, passed by the registrar of firms, maharashtra state, mumbai under section 69-a of the indian partnership act, 1932, in terms of maharashtra amendment act, 29 of 1984 (for short 'mah. ..... the relevant sections of (indian partnership act) maharashtra state amendment are:62. ..... the petitioners through their advocates lodged the deed of partnership dated 1st december, 1999 and form 'e' as prescribed in the indian partnership act, being the notice of change of constitution of the said firm on 27th december, 1999 with respondent no. 2. ..... (for short 'the firm') is a partnership firm which was registered on 18th february, 1946 under the indian partnership act. ..... 2 is the registrar of firms who is exercising the powers, functions and duties under the indian partnership act. mr. ..... as per the scheme of the partnership act, once a firm has registered alterations in firm name and principal place of business, closing and opening of branches, changes in the name and address of partners, changes in constitution and dissolution of firm, arerequired under sections 62, 63 to be brought to the notice of the registrar to enable him to keep up-to-date record of the firm in the registrar of firms. ..... even after considering the provisions of the partnership act and related rules, there is nothing to suggest that the word 'may' was intended to read as 'shall' prior to the mah. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR1054; 2004(2)BomCR352; 2003(3)MhLj979
..... section 69 of the indian partnership act, 1932 along with maharashtra amendment reads as follows : 'section 69. ..... from perusal of the sub-section (2) of section 69 of the indian partnership act, it is clear that the said provision is mandatory inasmuch as it is mandate given by the said section that no suit to enforce a right arising from a contract shall be instituted in any court and it further states that not only the firm should be registered but the persons who are or have been shown in the ..... so far as question regarding expressed bar as provided by section 69(2) of the partnership act is concerned, the trial court framed the following issue : does the plaintiff prove that it is a registered partnership firm under the indian partnership act? ..... sub-clause (4) of section 69 of the indian partnership act lay down two exceptions to said rule. ..... below have apart from holding that the court did not have jurisdiction to decide the suit, have further held that the suit was not maintainable on account of the specific bar as laid down in section 69 sub-clause (2) of the indian partnership act. ..... she further submitted that both the courts below had erred in coming to the conclusion that the suit was not maintainable, in view of the specific bar as provided in section 69 sub-clause (2) of the indian partnership act. ..... it was further contended that the suit firm was not registered under the provisions of indian partnership act and, therefore, the suit was not maintainable. .....
Tag this Judgment!Court : Mumbai
Reported in : (1943)45BOMLR691
..... 1's contention is that having regard to section 69 of the indian partnership act, 1932, the plaintiff's suit is not maintainable. ..... i must construe the word 'property' as used in sub-section (3) of section 69 of the indian partnership act in its widest sense, and there is no doubt that in that widest sense 'property' means all legal rights which a person can own ..... under section 69, sub-section (3), sub-clause (b), of the indian partnership act, the power of the official assignee to realise the property of an insolvent partner is not affected by the prohibitions contained in sub-sections (1) and (2) ..... subrao babaji teli : air1938bom108 , section 69 of the indian partnership act is designed to encourage registration by imposing a disability in the case of firms which are not registered ..... was constituted to carry on the said managing agency agreement and to act as the secretaries, treasurers and agents of the first defendant company. ..... 2, on november 20, 1939, the first defendant company wrote to the plaintiff stating that the managing agency agreement of december 7, 1907, had come to an end. ..... the suit is for damages for the breach of the managing agency agreement which the plaintiff assesses at rs. ..... the said undertaking came to an end by the breach and wrongful termination of the said managing agency agreement by the first defendant company. ..... on december 7, 1907, it entered into an agreement with the firm of kotibhaskar, amin & co, appointing the latter its secretaries, treasurers and agents .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2006Bom76; 2006(1)ALLMR417; 2006(1)BomCR36
..... the trial court concluded that the suit was barred by provisions of section 69 of the indian partnership act, 1932.2. ..... in my view, therefore, the impugned judgment and order holding that the suit of the plaintiff was barred by section 69 of the indian partnership act is not according to law and is required to be quashed and set aside. ..... in the said section 69 of the indian partnership act, an amendment introducing section 69(2)(a) was introduced by maharashtra act 29 of 1984 (brought into effect on 1.1.1985), which brought about certain changes and introduced a bar in respect of suits to enforce any right for the dissolution of a firm or for accounts of the dissolved firm or any right or power to realise the property of the dissolved firm unless certain conditions contained in the said section 69(2)(a) were made.5. ..... under section 69 of the indian partnership act, the suits which are barred by section 69(1) are suits to enforce a right arising out of a contract and to enforce a right conferred by the indian partnership act. ..... on behalf of the petitioner, it was argued that the suit was maintainable and not barred by section 69 of the indian partnership act, as the plaint contained an averment that the defendant had fraudulently persuaded the plaintiff and other partners to form a partnership firm. ..... no doubt, section 69(3) provides for certain exceptions but these exceptions are to the two kinds of suits contemplated by section 69(1) and 69(2) of the partnership act, 1932.4. .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)102BOMLR201
..... trial court framed various issues on 9.8.1996 and though there was no defence set up by the defendant in the written statement about the maintainability of the suit for want of registration of firm, in view of the provisions of section 69(2a) of the indian partnership act, 1932, which was obtaining on the date of framing of issues, the trial court framed issue no. ..... the date of filing of the suit section 69 of the indian partnership act, 1932, read thus:-69. ..... only question involved in the first appeal is whether the trial court was justified in dismissing the plaintiffs suit as not maintainable relying on section 69(2-a) of the indian partnership act, 1932.2. ..... was only during the pendency of the suit by maharashtra act xxix of 1984, called indian partnership (maharashtra amendment) act, 1984, various provisions of the indian partnership act were amended, including section 69. ..... to the plaintiff, in view of the wilful and persistent defaults of the terms and conditions of partnership agreement committed by the defendant, continuance of the partnership business is impossible and that the business of the firm cannot be carried on in the present circumstances ..... is the plaintiffs case that on account of his ill-health he asked the defendant to attend the said business but the defendant wilfully and fraudulently committed breach of terms and conditions of the partnership agreement, did not account for the assets and income of the firm and systematically manipulated the accounts of the firm. .....
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