Holding a Person as Partner – Doctrine of Holding Out in Partnership Act.

In this case the court held a person as partner, and hence liable for repayment of firm's debt the court went on to say that even though he was not proved to be formal partner - he could still under the doctrine of holding out (which is a species of estoppel) can be held to … Continue reading Holding a Person as Partner – Doctrine of Holding Out in Partnership Act.

Service of Notice in Suit for Eviction – held 106 TPA automatically complied.

Comment : This case takes a very pragmatic view of requirment of service of 15 days notice before filing a suit for recovery of possession after termination of month to month tenancy, it says that even if the tenant pleads non service of notice - if otherwise landlord - tenant relationship is accepted, the service of … Continue reading Service of Notice in Suit for Eviction – held 106 TPA automatically complied.

Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud and undue influence and was not meant to be acted upon and only meant as a security for repayment of debt. Court held mischief of … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.