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Get free access to the complete judgment in Jagat Mittar Saigal v. Kailash Chander Saigal And Another on CaseMine.
- Paras Ram Darshan Lal V. Union of India
In Jagdish Chander Gupta v. Kajaria Traders (India) Ltd.,...
- Smt. Rampa Devi V. Bishambhar Nath Puri
T.S Misra, J.:— This appeal arises in the following...
- Paras Ram Darshan Lal V. Union of India
- The NCLAT Delhi Bench Held That
- Brief Facts
- Observation & Decision of The NCLAT
- Conclusion
- Consequences of Not Registering A Partnership Firm
- Cannot File A Suit Against A Co-Partner Or A Third Party
- Cannot Avail Set-Off Claim Against Third Parties
- Third Parties Cannot Be Estopped from Suing The Unregistered Partnership Firm
- Partners Cannot Take Action Against Another Partner
- Conversion to Another Entity Becomes Impossible
Application under Section 9 of IBC, 2016 is not a suit and hence bar under Section 69(2) of Indian Partnership Act, 1932, is not applicable to Section 9 Application before NCLT.
1. This appeal has been filed against the order dated 09.06.2022 passed by the Adjudicating Authority (NCLT, Cuttack) by which order the Application filed by the Appellant under Section 9 of IBC, the Operational Creditor has been rejected on the ground that the application is barred by Section 69(2) of the Partnership Act. 2. The Adjudicating Autho...
6. We have considered the submissions of the Counsel of the parties and perused the records. The IBC provides for filing of the Application under Sections 7 & 9 and it is now settled position of law that for limitation for filing Application under Sections 7,9 & 10 are Article 137 of the Limitation Act, 1963 which is attracted. Article 137 of the L...
Generic term for any filing of a complaint (or petition) asking for legal redress by judicial action, often called a "lawsuit." In common parlance a suit asking for a court order for action rather than a money judgment is often called a "petition," but technically it is a "suit in equity". There are two types of suits Civil & Criminal. The definiti...
Although the Partnership Act, 1932, does not make the registration of partnership mandatory. The fact that it suggests the registration of partnership firm, should make one ponder about the ifs and buts of failing to do so. The Act subtly puts a persuasive pressure to register the partnership firms. SECTION 69 OF THE ACT lists out few disadvantages...
A business is bound to face challenges at some point in time. Either there might be disagreements or conflicts arising between the partners or there might be issues such as a breach of the contract created by third parties. Unfortunately, a partnership firm that has skipped registration cannot avail of any legal support in this case. In such scenar...
The principle of set-off claims is explained in section 69(3) of the Partnership Act, 1932. In a set-off claim, the debtor makes adjustments and can put forward reciprocal claims in the mutual debts with the creditor. However, when a partnership firm is not registered this principle cannot be put into practice.
Although an unregistered partnership firm cannot sue a third party, the converse cannot be prevented by the Act. Thus, A third party can still go ahead and file a case against the unregistered partnership firm. Merely, because the firm does not have the right to sue does not render it immune to legal suits filed by other parties.
In an unregistered partnership firm, a partner cannot take any legal action against a co-partner. Any breach of contract or conflicts of interest cannot be addressed by the law in the case of unregistered partnership firms. In an unregistered partnership firm, the partners cannot enforce their rights.
A registered partnership firm has the option of getting itself converted to any other corporate entity like that of an LLP. This privilege is not available to unregistered partnership firms. The fact that a partnership firm is easy to incorporate and does not require to be registered is the major reason why a number of businesses opt for it. But wh...
- CCI Team
Chander Saigal News & Filmography - Check out latest Chander Saigal live news updates, upcoming movies, Chander Saigal Trailers, Images, Photos and many more. Listen to Chander...
View chander saigal’s profile on LinkedIn, a professional community of 1 billion members. Sr. Manager at PUNJAB NATIONAL BANK · Experience: PUNJAB NATIONAL BANK · Location: Delhi · 2...
- Sr. Manager
- PUNJAB NATIONAL BANK
kailash chander saigal - high court of delhi - september 21, 1982. jagat mittar saigal vs. kailash chander saigal. laws(dlh)-1982-9-14 high court of delhi. decided on ...
Ek Shola Movie Release Date - Check out complete Ek Shola movie cast, review and crew list. Know more Ek Shola trailer, release date, Ek Shola movie review, box office collection, Ek...
Aug 11, 2004 · Petitioners had filed these applications before learned Additional District Judge for appointment of arbitrator under Section 11 and for appointment of receiver under Section 9 of the Act as a temporary interim measure.
