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...respondent sent a notice indicating that the date of expulsion of the appellants as 20.10.2016 and 21.10.2016. (ii) According to the appellants, a single partner cannot expel the..., it is relevant to extract Section 33 of the Indian Partnership Act: ?33.Expulsion of a partner:- (1) A Partner may not be expelled from a firm by any majority of the p...partners regarding expulsion of partners, only remedy available to the disgruntled partners is taking recourse to Section 44 of the Indian Partnership Act for dissolution to be ordered by the Cour...
...on 15 thMarch 2016 stating therein that there was no provision under the Act of 1932 to record any change that occurs in a Firm on the basis of expulsion of a 2/12
...submit that expulsion of a partner was permissible under the Act of 1932. The provisions of Section 32(2) to (4) thereof had been made applicable even with regard to an expelled partner b...
with regard to expulsion of a partner ought to be resolved by the partners of the Firm and that the Registrar of Firms had no power to dec...
...repeated demands by him. As a matter of fact according to the plaintiff, till he received the notice, he was not aware of any such clause enabling the other partners to expel a partner. According to the pl...arbitration. He also disputes the clause in the agreement relating to expulsion of a partner by the other partners. He submits that he was not shown the arbitration agreement at all and that he signed the...agreement since he reposed full confidence in his younger brother who happened to be the Managing Partner of the firm. In other words, he alleges fraud and misrepresentation. It is also the case of the plaintiff that he has...
...dissolution of the firm and not of expulsion of a partner ?
(2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the a...refused the registration.
6. On appeal, the AAC reversed the findings of the ITO and came to the conclusion that this was not a case of expulsion of one partner by the other four...other partners there can next be no quarrel. Section 33 clearly provides that unless there be a contract to the contrary, a partner may not be expelled from a firm by any majority of the partners. Such ...
...2 and 3 violated Clause 23(c)(iii) and (iv) and 28(b)(ii) of Ext.P3 agreement is incorrect. Expulsion or retirement of a Partner on sufficient grounds, is not prohibited under Clause 23.
...a Partner is an involuntary act. A conjoint reading of Clause 12 and Clause 17 would show that Clause 12 supersedes Clause 17 in the event of breach of conditions in Clause 12. Therefore, ...- Corporation is not warranted.
12. The petitioner further argued that Section 33 of the Indian Partnership Act gives power to majority Partners to expel a Partner, to protect the interest ...
...2 and 3 violated Clause 23(c)(iii) and (iv) and 28(b)(ii) of Ext.P3 agreement is incorrect. Expulsion or retirement of a Partner on sufficient grounds, is not prohibited under Clause 23.
...a Partner is an involuntary act. A conjoint reading of Clause 12 and Clause 17 would show that Clause 12 supersedes Clause 17 in the event of breach of conditions in Clause 12. Therefore, ...- Corporation is not warranted.
12. The petitioner further argued that Section 33 of the Indian Partnership Act gives power to majority Partners to expel a Partner, to protect the interest ...
...unfounded. In support of prayer (b) of the statement of claim by which the first respondent sought the "expulsion" of respondent nos. 2 to 5, it was contended that they had committed a serious bre..., death or "expulsion" of a partner, or on dissolution of the firm no payment is made to the outgoing partner, his widow or estate for Goodwill, as it belongs to the firm and not to any individual.... Expulsion of a partner.--(1) A partner may not be expelled from a firm by any majority of the partners, save in the exercise in good faith of powers conferred by contr...
...section 33 of the Partnership Act and it is submitted that for expelling a partner the term of partnership must confer power ...embargo in the partnership Act against expulsion of a partner but on the contrary the Act contemplates such possibility. He also points out that it cannot be said that expulsion is a remedy which ...unknown to law and which cannot granted and that if the matter has been placed before the court of law, the court would have the power to expel a partner in a given situation. Therefore, Arbitrators would have the ...
...which the first respondent sought the expulsion of respondent Nos. 2 to 5, it was contended that they had committed a serious breach of Clause 10(a) of the Partnership Deed by not accepting the pe...or on the termination of the agreement for any cause or reason.b) On the retirement, death or expulsion of a partner, or on dissolution of the firm no payment is made to the outgoin.... Expulsion of a partner.—(1) A partner may not be expelled from a firm by any majority of the partners, save in the exercise in good faith of powers conferred by contra...
...Section 72(a) of the Partnership Act as regards the retirement or expulsion of a partner from a register...appellants submitted that the partnership was not a registered one and not being a registered one, public notice is not required for effecting retirement of a partner.... Sub-section (3) of Section 32 of the Partnership Act is very clear as regards the liability of a retiring partner. Defen...
...referred to the deed of partnership dated October 1, 2011 and submitted that, the deed of partnership permits expulsion of a partner from the partnership firm. The defendant No. 1 was acting inimi...submitted that, clause 19 thereof permits expulsion of a partner from the partnership firm. In terms of such clause, a show cause notice dated June 26, 2019 was issued to the defendant No. 1. The.... The plaintiffs and the defendants were carrying on business in partnership with each other by virtue of a reconstituted partnership deed dated October 1, 2011. The deed of partnership, inter alia, appoints the plaintiff N...
...partner or partners by tendering a notice in writing and publish in the name of an as against such person and thereafter such partner or partners shall cease to be a partner or partners and the re...would have applied only in the event of the dissolution of the firm and not in the case of expulsion of a partner of the firm. The learned counsel for respondent No. 2, however, ...expulsion notice date 15.2.2001 was never received by respondent No. 2 and, therefore, there was no question of expulsion of respondent No. 2.6. A perusal of the impugned order date...
...is set out below:-
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"Section 33. expulsion of a partner
(1) A... expel the offending partner and on such expulsion the offending partner shall cease to be a partner of the firm with immediate effect and the continuing partners shall have...the firm.
The provision regarding expulsion of a partner in Section 33 of the Indian Partnership Act, 1932 is most interesting. Ordinarily, a partner ...
...expulsion of the second petitioner from the firm. As per Section 33 of the Partnership Act, which relates to expulsion of ...of partners cannot expel a partner unless such power is conferred by the contract between them, and that power is exercise bona fide. The partnership deed admittedly does not contain a clause relating to ...of the second petitioner on deposit of Rs. 4,00,000/-p.a. for the benefit of the firm pending disposal of the appeal and ASMP No. 2588 of 2006 is filed to appoint a Receiver to manage the day to d...
...expulsion of a partner from a registered firm, or to the dissolution of a registered firm, or to the election to become or not to become a partner in a register...relating to the retirement or expulsion of the partner, etc.11. Now, when we look at the present case, admittedly, the petitioner did not produce any document to show that he had sent a notice...partner. — (1) A partner may retire, —(a) with the consent of all the other partners,(b) in accordance with an express agreement by the partners, or(c) where...
...giving public notice:— A public notice under this act is given:(a) where it relates to the retirement or expulsion of a partner from a registered firm, or to the dissoluti...Admittedly, the appellant/decree-holder/plaintiff obtained a decree against the second respondent/judgment-debtor/defendant in O.S No. 49 of 1996, who was a partner in the first respondent-firm, under a...made in A.S No. 7 of 2001 upheld the claim of the first respondent-firm, taking note of the fact that the second respondent/judgment-debtor/defendant ceased to be a partner of the first respondent...
...defendants was that since the plaintiff had misconducted, she was liable to be removed as a partner of the firm. Plaintiff had made a complaint to the Manager, State Bank of Patiala against the affidavit d...she was a partner of the firm styled ‘M/s Kishori Lal Ram Saran Dass, Jalandhar’. The partnership deed was executed on 12.12.1996 Plaintiff had shares to the extent of 12% in the partnership deed. A...against the interest and benefit of the firm. Plaintiff was also partner of the firm M/s Munico industries, Rice Mills, Ladowali Road, Jalandhar. Plaintiff had a dispute with her sons and was acting...
...come to an end by an expulsion of a partner in the manner in which it was done by the defendant by forming a separate partnership firm by taking some other partners. In support of that, reliance w...Meera Pillai Rowther Mahammathappa Rowther v. Yegnanarayana Iyer Subbiah Iyer, AIR (38) 1951 Travancore Cochin 177. In that ruling, it was also observed that a ...accordance with the contract with the partners; (ii) compulsory dissolution on account of insolvency of a partner or by happening an event which makes it unlawful for the business of the firm to be...
...the Act which lays down that:“72. Mode of giving public notice.— A public notice under this Act is given—(a) where it relates to the retirement or expulsion of a ...and there is no occasion for coming to the stage of 244, Cr. P.C7. Now coming to the first question that Anil Kumar Singh ceases to be a partner or not, I have examined the record on...this point. There is no dispute that Anil Kumar Singh was partner of the said firm and it has to be seen whether at the relevant point of time he ceased to be a partner or not.8. I have...
...the retirement or expulsion of a partner from a registered firm, or to the dissolution of a registered firm, or to the election to become or not to become a partner in ...vernacular newspaper, in cases of retirement of partner or expulsion of partner or in respect of dissolution of the firm, or in case of election to become or not to beco...actual or constructive of his retirement, expulsion or dissolution. Mere public notice issued in the newspaper is not sufficient. That privilege is confined to a partner of a registered firm and...