top of page

INDIAN PARTNERSHIP ACT (Landmark Judgement)

Updated: May 4


INDIAN PARTNERSHIP ACT (Landmark Judgement)
INDIAN PARTNERSHIP ACT (Landmark Judgement)


Smith v. Anderson, (1880) 15 Ch. D. 247

Business refers to any activity which if successful would result in profit. 


Abdul v. Century Wood Industries, AIR 1954 Kant 33

Partnership Agreement need not be express. It may arise from the conduct of the parties also

 
 

Cox v. Hickman, (1860) 8 H.L.C. 268

No man is a partner unless he has the right to share in the profits of a business, but every person who received the profit is not necessarily a partner.


Munshi Ram v. Municipal Committee, (1979) 3 SCC 83

Firm is not a legal person neither it has a separate legal entity having an independent or distinct existence from its partners. It is only a compendious description of individuals who compose the firm.


CIT v. Dwarkadas Khetan & Co., AIR 1961 SC 680 

The court held that a minor cannot be a full-fledged partner in an existing firm.

 
 

Shailesh Ranka and Ors v. Windsor Machines Limited (2022)

Implied authority granted to a partner does not extend to referring the dispute to arbitration in view of the bar under Section 19(2)(a) of the Partnership Act, 1932. The Court also held that an arbitration notice issued by one of the partners without the consent of the remaining partners is invalid which renders the petition for the appointment of the arbitrator also invalid.



ANNAPURNA B. UPPIN & ORS. VERSUS MALSIDDAPPA & ANR. (2024)

The Supreme Court held that the legal heirs of a deceased partner do not become liable for any liability of the firm upon the death of the partner.


State of Kerala vs Laxmi Vasanth (2022)

The Supreme Court observed that Sub-Section (5) of Section 30 of the Partnership Act shall not be applicable to a minor partner who was not a partner at the time of his attaining the majority.


He/she shall not be liable for any past dues of the partnership firm when he was a partner being a minor.

 
 

4 views0 comments

Recent Posts

See All

Comments


bottom of page