Home ›

Search Results For: Krishna Murari J

This section is now closed. Click here for new judgements


Posted on by editor
COURT:
CORAM: , ,
SECTION(S):
GENRE: ,
CATCH WORDS: , ,
COUNSEL:
DATE: May 26, 2020 (Date of pronouncement)
DATE: May 28, 2020 (Date of publication)
AY: -
FILE: Click here to view full post with file download link
CITATION:
There is a clear distinction between ‘retirement of a partner’ and ‘dissolution of a partnership firm’. On retirement of the partner, the reconstituted firm continues and the retiring partner is to be paid his dues in terms of Section 37 of the Partnership Act. In case of dissolution, accounts have to be settled and distributed as per the mode prescribed in Section 48 of the Partnership Act. When the partners agree to dissolve a partnership, it is a case of dissolution and not retirement A partnership firm must have at least two partners. When there are only two partners and one has agreed to retire, then the retirement amounts to dissolution of the firm (Imp judgements referred)

The primary claim and submission of the appellants is that Amar Singh had resigned as a partner and, therefore, in terms of clause (10) of the partnership deed (Exhibit P-3) dated 6 th May 1981, he would be entitled to only the capital standing in his credit in the books of accounts. However, the argument has to be rejected as in the present case there were only two partners and there is overwhelming evidence on record that Amar Singh had not resigned as a partner. On the other hand, there was mutual understanding and agreement that the partnership firm would be dissolved

Read more ›

Posted on by editor
COURT:
CORAM: , ,
SECTION(S):
GENRE:
CATCH WORDS: , ,
COUNSEL:
DATE: March 20, 2020 (Date of pronouncement)
DATE: March 21, 2020 (Date of publication)
AY: -
FILE: Click here to view full post with file download link
CITATION:
Coercive Recovery of taxes etc during Corona Virus crisis: The orders of the Allahabad & Kerala High Courts directing the authorities to defer coercive recovery of taxes is stayed in view of the stand of the Government that the Government is fully conscious of the prevailing situation and would itself evolve a proper mechanism to assuage concerns and hardships of every one

There shall be ex-parte ad-interim stay of the impugned judgment and order(s) passed in the aforesaid writ petitions and of further proceedings before the High Court(s), in view of the stand taken by the Government of India through learned Solicitor General, before us, that the Government is fully conscious of the prevailing situation and would itself evolve a proper mechanism to assuage concerns and hardships of every one

Read more ›

Posted on by editor
COURT:
CORAM: ,
SECTION(S):
GENRE:
CATCH WORDS: ,
COUNSEL:
DATE: December 18, 2019 (Date of pronouncement)
DATE: December 23, 2019 (Date of publication)
AY: -
FILE: Click here to view full post with file download link
CITATION:
Effect of dismissal of SLP: It is well-settled that the dismissal of an SLP by the Supreme Court against an order or judgment of a lower forum is not an affirmation of the same. If such an order is non-speaking, it does not constitute a declaration of law under Article 141 of the Constitution, or attract the doctrine of merger

It is evident that all the above orders were non-speaking orders, inasmuch as they were confined to a mere refusal to grant special leave to appeal to the petitioners therein. At this juncture, it is useful to recall that it is well-settled that the dismissal of an SLP against an order or judgment of a lower forum is not an affirmation of the same. If such an order of this Court is non-speaking, it does not constitute a declaration of law under Article 141 of the Constitution, or attract the doctrine of merger

Read more ›