Smt. Nilabati Behera Alias Lalit Behera v. State of Orissa And Ors. DATE OF JUDGMENT: 24/03/1993 COURT: Supreme Court of India JUDGES: Verma, Jagdish Saran, Anand AS, Venkatachala S REFERENCE: 1993 AIR 1960 PARTIES Petitioner: Smt. Nilabati Behera Alias Lalit…
Navtej Singh Johar v. Union of India DATE OF JUDGMENT:06/09/2018 COURT: Supreme Court of India JUDGES: Dipak Misra, CJI ; Rohinton Fali Nariman, J. ; A. M. Khanwilkar, J; D. Y. Chandrachud, J; and Indu Malhotra, J REFERENCE: WRIT PETITION…
National Legal Services Authority v. Union of India DATE OF JUDGMENT: 15/04/2014 COURT: Supreme Court of India JUDGES: K.S. Radhakrishnan, A.K. Sikri REFERENCE: WRIT PETITION (CIVIL) NO.400 OF 2012 PARTIES Petitioner: National Legal Services Authority Respondent: Union of India SUBJECT:…
Sale of goodwill after dissolution (Section 55) a) In settling the accounts of a firm after dissolution, the goodwill shall, subject to contract between the partners, be included in the assets and it may be sold either separately or along…
Rights of rescission of partnership contract (Section 52) When a partner rescinds a contract of partnership and leaves the firm on the ground of fraud or misrepresentation of the other partners are his interest is protected under Section 52. Apart…
Return of premium on premature dissolution (Section 51) – If a person pays a premium to become a partner for a certain specified period, but partnership ends before the expiry of that term, he is entitled to refund of premium.…
Personal profits earned after dissolution (Section 50) According to Section 16(a) no partner can make a personal gain out of any transaction of the firm, or the use of the name, property or business connection of the firm, if he…
Mode of settlement of accounts Section 48 In settling the accounts of the firm after dissolution, the following rules shall, subject to agreement by partners be observed – a) Losses, including deficiencies of capital, shall paid first out of the…
Liability of acts done after dissolution Section 45(1) states that notwithstanding the dissolution of the firm, the partners continues to be liable as such to third parties for any act done by any of them which would have been the…
Dissolution by Court (Section 44) Section 44 which permits a partner to invoke the jurisdiction of the court to dissolve a firm is not subject to contract between the partners. But, if there is a term in contract that the…
DISSOLUTION OF A FIRM Section 39 of Indian Partnership Act, defines ‘Dissolution of Firm’ as “the dissolution of partnership between all the partners of a firm is called ‘dissolution of firm’.” This is used to denote that there is a…
Revocation of continuing guarantee – Section 38 In any contract of guarantee, it is necessary that subsequent to making of a contract the term should not be varied. Any variance in terms without surety’s consent discharges the surety from liability…
RIGHTS OF OUTGOING PARTNERS Right to carry on competing business Right to share subsequent profits until the amount due to him has been paid 1. Right to carry on competing businessSection 36(1): An outgoing partner has a right to carry…
Mr. X v. Hospital Z DATE OF JUDGEMENT: 10/12/2002 COURT: Supreme Court of India JUDGES: S. RAJENDRA BABU, P. VENKATARAMA REDDI & ARUN KUMAR. REFERENCE: Appeal (civil) 4641 of 1998 PARTIES: Petitioner: Mr. X Respondents: Hospital Z SUBJECT: The judgment…
M.C. Mehta v. State of Tamil Nadu DATE OF JUDGMENT: 10/12/1996 COURT: Supreme Court of India JUDGES: Kuldip Singh, B.L. Hansaria, S.B. Majmudar REFERENCE: [1996] RD-SC 1576 PARTIES Petitioner: M.C. Mehta Respondent: State of Tamil Nadu SUBJECT: The judgment revolves…
Kharak Singh v. The State of U. P. & Ors DATE OF JUDGMENT: 18/12/1962 COURT: Supreme Court of India JUDGES: Justice Ayyangar N. Rajagopala, Justice Sinha Buvaneshwar P, Justice Immam Syed Jaffer, Justice K. Subba Rao, Justice Sha J.C, Justice…
Joseph Shine v. Union of India DATE OF JUDGMENT: 27/09/2018 COURT: Supreme Court of India JUDGES: Deepak Misra, A.M. Khanwilkar, D.Y Chandrachud, Indu Malhotra, and R.F. Nariman. REFERENCE: WRIT PETITION (CRIMINAL) NO. 194 OF 2017 PARTIES Petitioner: Joseph Shine Respondent:…
Independent Thought v Union of India and Ors Court: The Supreme Court of India Bench: Madan B. Lokur and Deepak Gupta, JJ. Facts The Petitioner, a registered society, working in the area of child rights, filed a petition under Article…
Hussainara Khatoon & Ors v. Home Secretary, State of Bihar DATE OF JUDGMENT 09/03/1979 COURT: Supreme Court of India JUDGES: Bhagwati, P.N, Desai D.A REFERENCE: 1979 AIR 1369 PARTIES Petitioner: Hussainara Khatoon & Ors Respondent: Home Secretary, State of Bihar…
Gian Kaur v. State of Punjab Bench: J.S. Verma, G.N. Ray, N.P. Singh, Faizan Uddin, and G.T. Nanavati JJ. Appellant : Gian Kaur Respondent : State of Punjab Citation : 1996 AIR 946, 1996 SCC (2) 648 Issue : Whether…
Frances Coralie Mullin vs W. C. Khambra and Others Bench: Justice P.N. Bhagwati and Justice Syed Murtaza Fazalali Appellant: Frances Coralie Mullin Respondent: W. C. Khambra and Others Citation: 1981 AIR 746, 1981 SCR (2) 516 Issue: Constitutionality of Clause…
Consumer Education and Research Center and Others Vs. Union of India & Others. DATE OF JUDGMENT: 27/01/1995 COURT: Supreme Court of India JUDGES: B Ramaswamy, K. Ahmadi A.M. (CJ), Punchhi, M.M. REFERENCE: 1995 AIR 922 PARTIES Petitioner: Consumer Education and…
Common Cause (A Regd. Society) v. Union of India DATE OF JUDGMENT: 09/03/2018 COURT: Supreme Court of India JUDGES: A Bhushan and A Sikri REFERENCE: WRIT PETITION (CIVIL) NO. 215 OF 2005 PARTIES Petitioner: Common Cause (A Regd. Society) Respondent:…
Charu Khurana and Others v. Union of India and Others DATE OF JUDGMENT: 20/04/2015 COURT: Supreme Court of India JUDGES: Dipak Misra and Profulla C. Pant REFERENCE: (2015) 13 SCC 44 PARTIES Petitioner: Charu Khurana Respondent: Union of India SUBJECT:…
The Chairman, Railway Board & Ors vs Mrs. Chandrima Das & Ors Bench: Justice R.P. Sethi and Justice S. Saghir Ahmad Petitioner: The Chairman, Railway Board & Ors. Respondent: Mrs. Chandrima Das & Ors Citation: AIR 2000 Sc 988: (2000)…
