...opinion, is clear on a plain reading of sub-section (2) of Section 69 of the said Partnership Act.7. In the result, the appeal fails and is dismissed with costs....appellants. However, the learned trial Judge dismissed the suit on the ground that it was not maintainable in view of the provisions of Section 69(2) of the Partnership Act, 1932. The appellants...Partnership Act deals with the effect of non-registration of firms. Sub-section (2) of the said section, which is material for the purposes of this appeal, runs as thus:(2) No suit...

...partnership dated 9-1-1964 is an “arbitration agreement” within the meaning of Section 7 of the Act.7. Sub-section (1) of Section 7 of the Act defines...16 relating to settlement of disputes. Therefore it is not an arbitration agreement, as defined under Section 7 of the Act. In the absence of an arbitration agreement, the question of exercising power under Section 11 of the Act to appoint an arbitrator does not arise.10. Learned counsel for the first respondent next contended that clause 16 of the deed of partnership discloses.... Be that as it may.11. The existence of an arbitration agreement as defined under Section 7 of the Act is a condition precedent for exercise of power to appoint an...

...firm and seek the reliefs under the Act. The High Court on consideration of the relevant clauses of the deed and of Section 7 of the Act held that the partnership is at will...anyone, without the assent of other partners”. The other clauses are not relevant for consideration and hence omitted.11. Section 7 of the Act deals with partnership at..., therefore, under Section 7 of the Act, the contract was treated to be a partnership at will, it was held at page 1007 thus: “Our attention was drawn in this case to a clause which lays down that...

...partners could be introduced as a partner of the firm without the consent of all the existing partners. A combined reading of Sections 42 and 31 of the Partnership Act, according to the learned counsel, would lead to the only conclusion that two partners of a firm could by agreement induct a third person into the partnership after the death of one of them.7. There is a fallacy in this argument. Partnership, under Section 4...upon Section 42 of the Indian Partnership Act, 1932 (Act 9 of 1932), the material part of which reads:“Subject to contract between the partners a firm is dissolved by the death of a...entry he might opt to get out of it. This conclusion, the argument proceeded, was also supported by Section 31 of the Partnership Act. Section 31 of the Partnership Act reads...

..., by virtue of Section 7 of the Partnership Act, where no such provision is made by contract between the partners...is mentioned, from the date of communication of the notice to the other partners. That is the effect of Section 43 of the Partnership Act. It is in the context of this statutory position emerging from a conjoint reading of Section 7 and...Section 34 of the Arbitration Act on the basis of Clause 16 of the partnership deed (Mark 4/3). That application was resisted by the...

...section 69 of the Partnership Act, 1932. Since the partnership firm was an unregistered firm, hence no proceedings could be initiated for appointment of an arbitrator.7. Learned...of an arbitrator for settlement of dispute excepted under clause (a) of sub-section (3) of section 69 of the Partnership Act.15. To counter this submission, learned counsel for the petitioners submits that it was a partnership at will, which was dissolved by giving notice dated 7.3.1996, under section 43 of the Partnership Act. He has referred to sections 7 and...section 7 of the Partnership act and construction of clause 2 of the agreement deed and it having become relevant for the purposes of deciding the plea, as raised, about...

...Section 7 of the Indian Partnership Act and submitted that this is a partnership at will. He also referred to me...partnership-at-will or not. Section 7 of the Partnership Act has to be considered.10. Under...Section 7 of the Partnership Act. where no provision is made by the contract of partnership for (a) duration of the...

...section 30(7) of the Partnership Act, 1932 rights and liabilities of a minor continue as such till the expiry of six months from the date he attains majority. During this...under section 226 of the Act. The Bench heard the counsel on this point and ultimately held that under the circumstances the preliminary objection was overruled. Thereafter the Bench admitted the...admitted to the benefit of the petitioner partnership firm attained majority on 11th September, 1969, that is to say, he became major within three months of the expiry of the accounting period. In view of...

...have no doubt in our mind that the real question referred to us is whether, having regard to clauses 6 and 9 of the instrument of partnership, the assessee is a firm and was registrable under section 26A.6. Now the word “firm” occurring in section 26A has to be given the same meaning as that which has to be given under the Partnership Act as can be seen from section 2(6B) of the Income-tax Act.7. Section...deed of partnership, which, in effect, makes it possible for the partner, who wishes to retire, to receive his profits by another process. According to the second clause the partnership is a partnership at will as defined by section 7 of the Partnership Act and...constituted under the deed of partnership dated November 27, 1959, was registrable under section 26A of the Indian Income-tax Act, 1922.”3. There are ten clauses in the...

...partner of the firm, there is no change in the constitution of the firm but there is a change in the shares of the partners and in case the original instrument of partnership evidences this change, the firm is entitled to continuation of registration under Section 184(7) of the Act. In...after each minor became a major is thus neither foreseen by the instrument of partnership nor can it be ascertained by applying Section 30(7)(b) or Section 13(b) of the Partnership Act. In...and Shri Premchand, who were admitted to the benefits of the partnership. The assessee-firm was granted registration under Section 185 of the Act for the first time in the assessment year 1973-74...

...Section 7 of the Partnership Act as under: " 7. Partnership at will.--Where no provision is made by a contract between the partners for the duration of their partnership, or the determination of their partnership, the partnership is a 'partnership at will'." 6. Chapter VI of the Partnership Act deals with dissolution of a firms. Section 42...Section 42 of the Partnership Act for our purpose is as follows; " 42. Dissolution on the happening of certain contingencies.--Subject to contract between the partners a firm is dissolved--...... (c) by the death of a partner ; and......" 7. A...Section 7 and Clause (c) of Section 42 of the Partnership Act clearly shows that a partnership at will is dissolved by the death of a...

...existing firm.31. It is important to notice that unlike the position in England what is a partnership at will has been defined by Section 7 of the Indian Partnership Act. Section...Supreme Court observed that implied terms could be read into a part nership agreement in order to ascertain whether the partnership agreement contained any of the two exceptions referred to in Section 7 of the Act. The Supreme Court, was considering the question as to what was the meaning of the words, ‘partnership at...least the Supreme Court came to the conclusion that in view of Section 7 of the Act, it could not be said that that partnership was a partnership at will.41. Mr. Meghani, the learned...

...the partners in addition to the penalty of Rs. 50,000/- on the partnership firm.7. Section 4 of the Partnership Act, 1932, which defines ‘partnership’, ‘partner’, ‘firm...partners of the partnership firm under Section 112 of the Act despite the fact that the partners having willfully and knowingly facilitated the clearance of the goods in a clandestine manner and...learned Commissioner (Appeals) setting aside the penalty imposed on the partners of a partnership firm under Section 112 of the...

...partner cannot be sold to anyone outside the partnership. Likewise, Clause (10) speaks about the mode of payment to be given to the retiring partner.14. Indian Partnership Act 1932 speaks about the mode of determining the existence of the partnership. Section 7 of...the “dissolution of a firm”. It also makes it clear that the provisions for retirement of a partner is not a provision for determination of a partnership firm within the meaning of Section 7 of the Act. For the better appreciation and understanding of the case, the above said provisions are extracted hereunder:“6. Mode of determining existence of partnership.- In...that Clause (7) and (10) cannot be interpretated to mean that the partnership is not one of partnership at will.19. As seen earlier, Section 7 of the Partnership Act 1932...

...retirement of a partner on the constitution of the firm and (ii) what is the effect of the death of a partner on its constitution?9. Before the enactment of the Partnership Act in the year, 1932, the rights of the partners were governed by the Indian Contract Act. Section 253 prescribes the rules determing the partners' relations where there is no contract to the contrary. Section 253 clause (7) says...provisions of section 253(7) are clear. But, after the enactment of the Partnership Act, the rules governing the dissolution of a partnership are laid down in...accounts.”11. There is no corresponding provision to section 253(7) of the Contract Act providing for the dissolution of the partnership on any member of the partnership ceasing to be a partner.12. The learned Counsel for the appellants contended that the legislature omitted the rule as the principle embodied in section 253...

...want of registration of the firm and was struck by the provisions of Section 69 of the Indian Partnership Act.7. On August 31, 1974, the plaintiff filed an amendment...1961 SC 325, (1961) 1 SCR 982, was a case of a partnership firm where this Court pointed out that Section 4 of the Partnership Act...”. Order 6 Rule 7, contains a prohibition against departure of proof from the pleadings except by way of amendment of pleadings. After some provisions relating to special cases and circumstances, and for...

...shares specified in the deed of partnership and that the shares in the profits and losses of the respective partners will have to be worked out in accordance with Section 30(7)(b) read with Section 13(b) of the Partnership Act. 6...certain shares they should also participate in the losses in similar shares. This construction of Section 253(2) of the Indian Contract Act, adopted by the Madras High Court, was approved and applied for construing Section 13(b) of the Partnership Act by the Supreme Court in Mandyala Govindu & Co. v. CIT [1976] 102 ITR 1, 6, 7 (SC...became a major is thus neither foreseen by the instrument of partnership nor it can be ascertained by applying Section 30(7)(b) or Section 13(b) of the Partnership Act. In...

...considering the facts and circumstances of the case, no separate penalties were warranted on the partners in addition to the penalty of Rs. 50,000/- on the partnership firm.7. Section 4 of the Partnership Act, 1932...section 130 of the Customs Act, 1962 (the Act), appellant-revenue has challenged the order dated 16.11.2007 made by the Customs, Excise & Service Tax Appellate Tribunal (the Tribunal), proposing...section 112 of the Customs Act, 1962 despite the partners having willfully and knowingly acted in a manner to facilitate in clearance of the goods in a clandestine manner and despite having dealt...

...this partnership does not fall under Section 8 of the Act and is not within the two exceptions under Section 7, it is a partnership at will. Section 7 provides that where no provision is made by...be a partnership at will and that under Section 7 it will be a case of a partnership the duration of which as well as the determination of which were fixed. The High Court was further of the view that Section 8 of the Act would...be no doubt that this contract implies that the partnership will determine when the managing agency terminates. In this view the partnership will not be a partnership at will as Section 7 of the Act makes it clear that a partnership in...

...dispute, refer the parties to arbitration.”Therefore, for application of Section 8, it is absolutely essential that there should be an arbitration agreement between the parties.16. It is an admitted fact that neither Shri Rajendra Prasad Singh nor are the plaintiffs parties to the partnership deed dated 17-2-1992. There is no document as defined in Section 7 of the 1996 Act which...Clauses (b) or (c) of sub-section (4) of Section 7 of the 1996 Act from which it may be spelled out that either Rajendra Prasad Singh or the plaintiffs were parties to clause relating to arbitration contained in the partnership deed...the face of it Section 8 of the 1996 Act would not apply to any dispute concerning the said partnership deed dated 17-2-1992 and the matter cannot be referred to arbitration...