... him, executing such a contract would require an explicit authorisation, since Section 19(2)(a) of the Indian Partnership Act, 1933 ("Partnership Act...therefore, that agreement does not exist. The corollary is that for a partnership firm to sign any contract containing an arbitration clause, there ought to be an express authorization to the partner executing the said contract, in the absence of which, in view of Section 19(2) (a) of the Partnership Act, the...jurisdiction. [Emphasis Supplied] Section 19(2)(a) of the Partnership Act: 11. The argument that...

...attonery Exhibit A. 4 does not contain any clause which authorises the attorney to enter into an arbitration agreement relating to the business of the firm. According to section 19(2) (a) of the Indian Partnership Act, a....2. The respondents filed suit for rendition of accounts against the petitioner concerning an agreement of paddy shelling entered into on behalf of the respondents by Rakesh, one of the partners. The...petitioner on appearance filed an application under section 34 of the Indian Arbitration Act that there was an arbitration agreement existing between the parties relating to...

...contention raised by Sri Sushil Kumar Jain, learned counsel for the appellant is that by operation of Section 19(2)(a) of the Indian Partnership Act, 1932 (for short as the ‘Partnership Act...conduct business on behalf of the partnership firm and the implied authority binds all the partners. Section 18 of the Partnership Act postulates that “subject to the provisions of the Act a...-section (2) of Section 19. Section 19(2)(a) provides that in the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not empower him to submit a dispute...

...) .......................(g) .......................(h) ........................ .7. Under Section 19(2)(a) of the Indian Partnership Act a...clause (a) of Section 19(2) of the Indian Partnership Act includes ‘agreement to refer’ besides ‘actual reference’. There cannot be any reference to arbitration in the absence of an agreement to refer.8. The Learned counsel for the applicant defendant No. 5 on the other hand contends that the word ‘submit’ in clause 19(2) (a) does...relate to ‘agreement to refer’ but only to ‘actual reference’. I do not agree with this view. Without any agreement of reference there cannot be any arbitration. In Section 19(2)(a) of the Indian Partnership Act the...

...the proviso to section 19 of the Partnership Act. Referring to section 19(2)(a) of the Partnership Act, it is sought to be contended that in the absence of specific authority...contravening the provisions contained in section 19(2)(a) of the Partnership Act. Reliance is placed in the decision of the Apex Court in the matter of...also made to section 18 of the Partnership Act.7. section 19(2)(a) of the Partnership Act clearly provides that in the absence of any usage or custom of trade to the contrary the...

...was furthermore drawn to various provisions of the Partnership Act and in particular, Section 2(a), Section 18, Section 19, Section 22 and Section 28 thereof for advancing the proposition that the...raised by the parties. A cheque had been issued in the name of the firm. The appellants are partners thereof. A pronote had been executed by a partner of the firm. Thus, even under the Partnership Act prima facie the plaintiff could enforce his claim not only as against the firm but also as against its partners.13. Sections 2(a), 18, 19, 22...others. They are admittedly partners of Defendant 1 firm, M/s AR. AS and P.V.PV, registered under the Partnership Act, 1932. Defendant 3, P. Shankar (Respondent 4 herein) was also a partner in the...

...filed by the respondent opposing the petition. 3. Counsel for the parties have been heard. 4. By placing reliance upon Section 19 (2) (a) of the Indian Partnership Act, 1932...Conciliation Act, 1996 (for short "the Act"), petitioner has approached this Court for appointment of an Arbitrator to settle the dispute between the parties. 2. Written statement has been..., respondents have taken an objection that a single partner, without any authorization or resolution from the partnership firm, cannot invoke the Arbitration Clause. This Court is of the...

...other partner. 10. Referring to Section 19 of the Indian Partnership Act, 1932, it was vehemently argued that the implied authority of a partner to carry on, in the usual way, business of the partnership firm, does not empower him to submit a dispute relating to the business of the firm to Arbitration. 11. This bar in Section 19(2)(a...the Indian Partnership Act, 1932 has been pressed into service that in view of Section 19(2)(a) of the Indian Partnership Act, 1932, for submitting the dispute related to the business of the firm to.... 14. Section 19 of the Indian Partnership Act, 1932 which is a bone of contention of the learned Counsel for the petitioner may be extracted herein for ready reference...

...Section 19 (2)a of the Partnership Act, it is contended that a partner has no implied authority under the said section to bind a partnership firm or other partners by means...allowed to raise this objection in view of this position of law, 5. Section 19 (2) (a) of the Partnership Act reads :- "19.-Implied authority...not the usual or the normal way of raising resources for a partnership firm. But, in a general sense it can be included in the concept of borrowings, provided it is otherwise valid and legal. Section 2...

....9. The appellant firm has contended before us that under Section 19(2)(h) of the Partnership Act a partner has no power to bind his firm by entering into a partnership on its...saved by any theoretical argument based on Section 19(2)(h) of the Partnership Act or otherwise.12. If the position, therefore, is that two out of nine partners of...Tax Authorities to register the appellant firm constituted under a deed of partnership dated March 6, 1946 under Section 26-A of the Act. A reference was made by the Income Tax Appellate...

...contained under Section 19(2)(a) of the Indian Partnership Act, 1932. As per the aforesaid provision of law, there is no implied authority for a partner, in the absence of any usage or custom of...19(2)(a) of the Indian Partnership Act, 1932 from invoking Clause 40 of Annexure-A2 dealership agreement for the appointment of an Arbitrator for the resolution of the dispute with the 1st respondent...present Arbitration Request is not maintainable in view of the bar contained in Section 19(2) of the Indian Partnership Act, 1932. 4. The 2nd respondent appeared in person...

...firm unless his act is one of the acts mentioned in Section 19(2) of the Partnership Act. The act of filing the written statement in the suit does not fall in any of the prohibitory sub-clauses (a) to...(h) of Section 19(2) of the Partnership Act.7. A Single Bench of this Court in Haji Mahaboob v. Noor Ahamed, held...the firm unless the act is one of the acts mentioned in Section 19(2) of the Partnership Act. If one of the partners takes steps in the proceedings of the suit by seeking time to file the written statement, then the same would be deemed to be a request...

...section 19(2)(a) of the Indian Partnership Act has submitted that the reference to arbitration on the basis of the arbitration clause of the agreement is without jurisdiction.... This contention cannot be upheld for the reasons stated below.6. Sub-section (2) of section 19 of the Indian Partnership Act imposes certain restrictions upon the partners' implied...as follows:—“19. That the RETIREMENT OR DEATH of a Partner shall not dissolve the firm. On, the death of a Partner his heirs shall have the option of joining the Partnership in respect...

...possibly some of the reasons for enacting section 19(2)(a) of the Indian Partnership Act, 1932. 7. As rightly pointed out by Mr. Gill, it is not the petitioner's case that the...the present petition under section 19(2)(a) of the Partnership Act. 8. The petition is, therefore, not maintainable at this stage...taken on record subject to all just exceptions. 2. The petitioner, a firm registered under the Indian Partnership Act, 1932, entered into a contract with respondent Nos.1...

...Oil Corporation Ltd.'s (Supra), Section 19 (2) of the Partnership Act, 1932 has been discussed, which pertains to implied authority of a partner. It is argued that Amar Nath was a partner in...Section 19 (2) (a) of the Indian Partnership Act, a partner has no implied authority to submit a dispute relating to the business of a firm to arbitration, which necessarily mean...with a restriction as specified in section 19 (2) of the Act. 7. Section 19 (2) of the Indian Partnership Act reads as:- 19. Implied authority of partner as agent of the firm. (1) Subject to the provisions of section 22, the act of a partner...

.../s. 19 of the Partnership Act and was not binding on the appellant 1. Section 19(2) of the Partnership Act clearly provides:“In the absence of any usage or custom of trade to the contrary, the implied authority of a partner...purported settlement dt. 22-9-77 is unlawful, void and not binding on the appellants on account of the provisions of S. 19(2)(e) of the Partnership Act and Sec. 23 of the Contract Act. Moreover, S. 44(3) of the Partnership Act clearly lays down that Court can dissolve the firm where—“a partner...learned counsel also invited this Court's attention to S. 19(2)(e) of the Partnership Act. It was submitted that the prayer for declaration that the appellant No. 1 was a partner...

...also submits that there were disputes between the partners of the petitioner firm and Sh. Ravi Kant Sehgal had no authority to represent the firm by virtue of section 19(2) of the Indian Partnership Act, which states that a partner...Section 28 of the Arbitration Act, 1940 seeking enlargement of time for the making of the award by the sole arbitrator.2. The learned.... Section 3 of the Arbitration Act, 1940 specifically provides that an arbitration agreement, unless a different intention is expressed therein, shall be deemed to include the...

...venture, no such express authority has been produced before this Court. 53. Learned senior counsel placed reliance on Section 19(2)(a) of the Indian Partnership Act, 1932...Court in the said judgment did not consider the effect of Section 19(2)(a) of the Indian Partnership Act, 1932 and more particularly that in absence of any usage or custom...to the ppn 61 carbpl-238.19(j).doc provisions of section 22. Section 19(2) of the Indian Partnership Act, 1932 provides that in absence of any usage or custom of trade to the contrary, the implied authority of a partner...

...Section 2(47) of the Act?2. The facts giving rise to the question lie in a narrow compass. The appellant (M/s Malabar Fisheries Co.) is a dissolved firm...held that a dissolution of a firm amounted to extinguishment of the rights of the firm in the assets of the partnership and accordingly was a transfer within the meaning of Section 2(47) of the...within the meaning of Section 2(47) of the 1961 Act was involved when a shareholder received money representing his shares on the distribution of the net assets of the company in liquidation...

...instead of the name of the firm--Maintainability--Code Civil Procedure, 1908 (Act V of 1908), s. 153--O. XXX rr. 1, 2--O. 1, rr. 10(1), 10(2). Partnership--Power of Attorney--Partner if can execute power on behalf of all partners--Indian Partnership Act, 1932 (IX of 1932) ss. 4, 18 and 19(2). HEADNOTE: The respondent a firm...Partnership Act is merely a compendious description of all the partners collectively. Where a suit is filed in the name of a firm it is still a suit by all the partners of the firm unless it is proved that...)-a firm registered under the Indian Partnership Act, 1932-carrying on business at No. 55 Canning Street, Calcutta. In July, 1949, there was a contract between the plaintiff and the defendant...