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Eviction

MADAN MOHAN SINGH versus VED PRAKASH ARYA

The respondent failed to prove tenancy (no rent receipts/accounts and reliance on surmise); the partnership deed executed by the parties and the Chief Administrator's binding finding under Clause 12 that the respondent was a servant established that the premises were not sublet; therefore the respondent was not a tenant and the appellant was entitled to possession and mandatory relief.

Source excerpt

  • Tenancy
  • Subletting
  • Allotment conditions (clause 12)
  • Possession
  • Mandatory injunction
  • Mesne profits
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Arbitration

BHARAT RASIKLAL ASHRA versus GAUTAM RASIKLAL ASHRA & ANR.

The Chief Justice or his designate cannot appoint an arbitrator without first deciding whether there is a valid and enforceable arbitration agreement between the parties, particularly when serious allegations of forgery and fabrication are raised concerning the agreement; appointment of arbitrator is jurisdictionally dependent upon the existence of a valid arbitration agreement.

Source excerpt

  • Appointment of arbitrator
  • Jurisdiction under section 11
  • Existence and validity of arbitration agreement
  • Allegations of forgery and fabrication of contract
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Arbitration

M/S. ARVIND CONSTRUCTIONS CO. PVT. LID. versus M/S KALINGA MINING CORPORATION AND ORS.

Appeal not maintainable on contest of firm registration; no interim relief justified as the agency agreement expired, is not specifically enforceable, and interim powers under Section 9 must follow general principles of injunction and are not independent of Specific Relief Act. All substantive issues left open for sole arbitrator to decide.

Source excerpt

  • Re-registration of partnership
  • Effect of re-registration
  • Arbitration agreement
  • Interim relief under arbitration act
  • Appointment of arbitrator
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Arbitration

RAVI PRAKASH GOEL versus CHANDRA PRAKASH GOEL AND ANR.

The legal representative of a deceased partner is entitled to invoke the arbitration clause in the Partnership Deed for disputes which arose during the lifetime of the deceased, and to seek appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The arbitration agreement survives death, and the right to sue and claim is enforceable by the legal representative.

Source excerpt

  • Appointment of arbitrator
  • Rendition of accounts
  • Survival of arbitration agreement on death
  • Right of legal heir
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Civil procedure

SRI RAMNIK VALLABHDAS MADHVANI AND ORS. versus TARABEN PRAVINLAL MADHVANI

The High Court erred in granting interest at rates higher than what was legally permissible under the unamended Section 34 of the Code of Civil Procedure, since the suit was instituted prior to the amendment. The decree to that extent is a nullity. Amendment of the plaint requires opportunity for the opposing party to contest the plea, which was denied here, rendering the procedure illegal. Res judicata does not apply where there is a lack of inherent jurisdiction. The High Court's determination of mesne profits and goodwill was correct, but the rate of interest must be reduced to 6% per annu…

Source excerpt

  • Amendment of pleadings
  • Rate of interest
  • Res judicata
  • Goodwill
  • Mesne profits
  • Partition
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Income tax

COMMISSIONER OF INCOME TAX versus SUNIL J. KINARIWALA

Assignment by a partner of part of his share of income in a firm to a trust does not result in diversion of income by overriding title; rather, it is an application of income after it reaches the assessee. Therefore, such income is to be included in the assessee's total income for the purpose of assessment under the Income Tax Act, 1961.

Source excerpt

  • Diversion of income
  • Overriding title
  • Application of income
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Arbitration

V.H. PATEL AND COMPANY AND ORS. versus HIRUBHAI HIMABHAI PATEL AND ORS.

Since the relationship among partners was so strained that operation of partnership was impossible, and because the Partnership Deed and consent terms permitted reference of all disputes to arbitration, it was permissible for respondent to claim dissolution and for the arbitrator to decide that issue. The High Court rightly remitted the dissolution issue to the arbitrator.

Source excerpt

  • Scope of reference to arbitration
  • Power of arbitrator to dissolve partnership
  • Dissolution of partnership for breach of agreement and destruction of mutual confidence
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Arbitration

M/S. KRISHNA MOTOR SERVICE BY ITS PARTNERS versus H.B. VITTALA KAMATH

A partner of an unregistered firm is entitled to apply for reference to arbitration under Section 20 of the Arbitration Act for matters falling within the exceptions engrafted in Section 69(3) of the Partnership Act, namely enforcement of rights to dissolution, settlement of accounts, or realisation of property of a dissolved firm. Claims outside these categories arising merely from the contract are not referable.

Source excerpt

  • Non-registration of partnership
  • Reference to arbitration
  • Section 69 of partnership act
  • Section 20 of arbitration act
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Arbitration

SMT. PREM LATA AND ANR. versus MIS ISHAR DASS CHAMAN LAL AND ORS .

A suit under Section 20 of the Arbitration Act, 1940 to enforce arbitration clause for disputes relating to dissolution, accounts, or property of an unregistered partnership firm falls within the exception in Section 69(3)(a) Partnership Act and is maintainable.

Source excerpt

  • Maintainability of suit under section 20 arbitration act for reference to arbitration in unregistered partnership
  • Exceptions under section 69(3) partnership act
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Partnership

SMT. H.B. USHA versus D.S. RAMACHANDRA

The Supreme Court accepted and enforced the amicable settlement between the parties regarding disputes in the partnership firm, including payment for relinquishment of share, withdrawal of connected legal proceedings, transfer of documents, and alteration of firm ownership.

Source excerpt

  • Settlement of partnership disputes
  • Disposition of civil and criminal proceedings
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.