Comment : In this case an unregistered firm sued to recover possession from a tenant (erstwhile insofar as term of tenancy had ceased) – the suit was resisted on the ground that since the basis of suit lied in contract entered into with tenant – it is hit by the mischief of S.69 and an […]Read More Eviction of Tenant by unregistered partnership firm !
Comment : In this case a person sold X (leasehold warehouse) to his friend. Later he cried misrepresentation and sought to steer clear of the transaction. Later at the stage of second appeal he took the plea of frustration as he himself was a lessee of the land and could not have sold – the court […]Read More Cancellation of Transaction on account of Frustration !
Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR 30 SC Author: A Pasayat Bench: D Raju, A Pasayat JUDGMENT Arijit Pasayat, J. 1. Leave granted. 2. By the impugned judgment, learned Single Judge […]Read More Burden of Proving good faith of transactions hit by undue influence
Comment : This pronouncement concerns a case where a partnership firm sought to injuct it’s ertwhile(retired) partners from carrying on competing business in contravention of Retirement Deed. The Court did not grant the relief for the reason that the plaintiff/applicants could not bring a prima facie – insofar as there was no apprehension objectively determinable that […]Read More Injunction against Partners from competing