Eviction of Tenant by unregistered partnership firm !

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 … Continue reading Eviction of Tenant by unregistered partnership firm !

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.

Injunction against Partners from competing

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 … Continue reading Injunction against Partners from competing