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1 - 10 of 21 (4.02 seconds)Article 227 in Constitution of India [Constitution]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Section 25 in The Indian Partnership Act, 1932 [Entire Act]
The Indian Partnership Act, 1932
Section 45 in The Indian Contract Act, 1872 [Entire Act]
The Iii Income Tax Officer,Circle-I, ... vs Arunagiri Chettiar on 7 May, 1996
(Emphasis supplied)
The Apex Court again referred the principles in Income Tax
Officer (III), Circle-I, Salem v. Arunagiri Chettiar (referred supra),
Sahu Rajeshwar Nath vs Income-Tax Officer C-Ward (referred
supra) and Her Highness Maharani Mandalsa Devi and others v.
M. Ramnaram Private Limited and others14, while considering the
scope of Order XXI Rule 50 C.P.C and observed as follows:
Ashutosh vs State Of Rajasthan & Ors on 30 August, 2005
MSM,J
CRP_1322_2014
23
Section 25 of the Indian Partnership Act, 1932, deals with
liability of a partner for acts of the firm, every partners is liable,
jointly with all the other partners and also severally, for all acts of
the firm done while he is a partner. Thus, it is clear from Section 25
of the Indian Partnership Act that, when the debt was contracted
prior to retirement of these petitioners as partners from the firm
subsequent to March, 2004, still, they are liable to pay the debt due
to the decree holder, as the liability was incurred prior to their
retirement. The Trial Court adverted to the decision of the Apex
Court in Ashutosh v. State of Rajasthan (referred supra) and also
provisions of Indian Partnership Act, concluded that the personal
property is also liable for the debt of the firm when the debt was
contracted prior to retirement of the petitioners as partners from the
firm, consequently, I find no error in the under challenge warranting
interference of this Court.
Section 144 in The Code of Civil Procedure, 1908 [Entire Act]
Rana Harkishandas Lallubhai And Ors. vs Rana Gulabdas Kalyandas And Anr. on 19 August, 1955
In Rana Harkishandas Lallubhai v. Rana Gulabdas
Kalyandas2, the Bombay High Court observed as follows: