.... Goenka, the respondent no. 3, has no implied authority within the meaning of section 19 of the partnership act to refer the disputes in the suit to arbitration without the consent of the petitioner...attention to section 19 of partnership act, 1932, the relevant portions of which are stated as follows...of the partnership act. ? it is, therefore, necessary to examine if any other provision of the said act disentitles the company to bind the petitioner. The provisions of section 19, on which mr. Roy...

...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...) of Section 69 of the said Partnership Act, as on the date when the suit was filed, two of the partners shown as partners as per the relevant entries in the Register of Firms were not, in fact...

..., section 19 of the Partnership Act declares that subject to the provisions of section 22 of the Act, the act of a partner which is done to carry on, in the usual way, business of the kind carried on by.... Therefore, by virtue of section 19 of the Partnership Act, be has the implied authority to institute a suit. The...section 19 of the Partnership Act and much more so, a managing partner can represent such a firm in the suit. Therefore, there is no doubt that the Managing partner can file a...

...permission as per the provisions of Section 19 of the Partnership Act, 1932. Per contra, learned counsel appearing on...provisions of Section 19 of the Partnership Act, is no longer res integra in view of the ratio decidendi culled out by this Court in "Rajiv...Section 19 of the Partnership Act, 1932. The facts, as noticed above, are not in dispute. It would be apt to reproduce the relevant para 24...

...19 of the Indian Partnership Act, 1932 is as follows:—“19. (1) Subject to the provisions of section 22, the act of a partner which...) .......................(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...

...authority provided under Section 19 of Partnership Act. 15. It was further fully proved that Receipt Ex.P3 was executed by defendant No.2. Trial Court, therefore...learned counsel for the plaintiff that the learned Courts below failed to consider that partnership firm was duly admitted by defendant/respondents and Avtar Singh was partner of the said firm. The loan...partnership firm and the said loan was taken for the business of the firm and thus all the parties/firm would be responsible for the acts and liabilities which have been created by one of the partners on the...

...and firm could not be fastened on the basis of Ex.P3 on account of principle of implied authority provided under Section 19 of Partnership Act. 15. It was further...partners are duly proved on the receipt and the said receipt is on letter head of the partnership firm and the said loan was taken for the business of the firm and thus all the parties/firm would be...application under Section 151 CPC for permission to examine his own Handwriting Expert by way of additional evidence. However, it has been admitted by learned counsel for the appellant during course of...

...account of observations given by this Court with regard to provisions of Section 19(2)(g) of the Partnership Act, 1932. In my view, such an application moved shall be decided...Present: Mr. Pankaj Jain, Advocate for Mr. Hittan Nehra, Advocate for the applicant-petitioner. **** AMIT RAWAL , J. (ORAL) C.M. No.7201-CII of 2016 Learned senior counsel appearing for...the applicant-petitioner submits that against the order of dismissal of the revision petition, the applicant-petitioner had preferred an SLP before the Hon'ble Supreme Court which was dismissed and...

...not abate on the death of the managing Partner. A partner by virtue of Section 19 of the Partnership Act and much so...Section 19 of the Partnership Act, he has the implied authority to institute the suit. The provisions of Rule 1, Order 30, CPC will...have to be read in the light of Section 19 of the Partnership Act.”9...

...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...

...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 partner is the agent of the firm for the purposes of the business of the firm”. Section 19(1...case of the respondents that the appellant committed breach of the contract and as a result, the respondents filed an application under Section 20 of the Arbitration Act, 1940 (for short...

... him, executing such a contract would require an explicit authorisation, since Section 19(2)(a) of the Indian Partnership Act, 1933 ("Partnership Act...executing the said contract, in the absence of which, in view of Section 19(2) (a) of the Partnership Act, the Arbitration Agreement would not be in existence...jurisdiction. [Emphasis Supplied] Section 19(2)(a) of the Partnership Act: 11. The argument that...

...against the wishes of other defendants or their knowledge, then would it be a step in the proceedings? In our view, it would be. The firm can act through a partner and act of a partner is binding on the 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.... AIR 1979 Del. 58., a Single Judge held that an act of partner is binding on the firm unless the act is one of the acts mentioned in Section 19(2) of the Partnership Act...

...been passed, Section 19 of the Partnership Act, will come into play and the arbitrator has no jurisdiction to pass any award in respect of entertaining the claim of the Petitioner and pass any award...R.I. Chagla, J.:— Heard learned Counsel for parties. 2. By this Arbitration Petition the Petitioner is seeking appointment of a Sole Arbitrator as per Section 11 of...Arbitration and Conciliation Act, 1996 as amended in 2015. The arbitration clause is in clause 35 of the agreement for development of property dated 27 February, 2009. The notice invoking arbitration is...

...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) of 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...

...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...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...arbitration agreement on behalf of the other partners. The power of attorney had been executed in favour of four persons. It is not stated that they could act severally.3. Again the power of...

...per Section 18 of the Partnership Act, partner is treated as agent of the firm for the purpose of business of the firm. Section 19 of the Partnership Act confers implied authority on the partners as...offence punishable under Section 138 of the Negotiable Instrument Act. 3.0. Having heard the learned advocate for the applicant- original complainant, the Court prima facie finds that.... Ms.Bhatt, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent State. 2.0. This application is filed under Section 378(4) of the Code of...

...objection but the defendant questioned the maintainability of the suit.11. The provisions of the law of partnership with special reference to Indian Partnership Act may be examined in order to determine the question raised on this application. Section 19(2...sections of the Indian Partnership Act to support his argument that the other partners of the plaintiff firm should not be allowed to withdraw, stay or relinquish or compromise the claim made in the suit. On a proper construction of these sections they do not in my opinion help the contention made on behalf of respondent Samaddar. Section 19 of...majority of partners can do so, and the question here is not concerned with partners' relations with third parties but with the relations of partners ‘inter se’. I find nothing in the Partnership Act which can be construed and regarded as a statutory prohibition of the course of action now asked by the majority of the partners in this case on the present application.14. On this question it has been argued that the provisions in Section 19(2...

...balance of profits. These defects were fatal to the application for registration and the language of Section 26-A being mandatory and imperative the application was justifiably rejected.9. The appellant firm has contended before us that under Section 19(2)(h) of the Partnership Act a...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...

...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...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...