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1 - 5 of 5 (0.35 seconds)Section 20 in The Indian Partnership Act, 1932 [Entire Act]
Section 20 in The Arbitration Act, 1940 [Entire Act]
Jagdish Chander Gupta vs Kajaria Traders (India) Ltd on 29 April, 1964
Undoubtedly, s.69(1) prohibits laying the suit to enforce a
right arising from a contract or conferred by the Act by or
on behalf of a person suing as a partner in the firm against
the firm or any person alleged to be or to have been a
partner in the firm. Ibis Court in Jagdish Chander Gupta v.
Kajaria Traders (India) Ltd., 1964 (8) SCR 50, considering
the words 'other proceedings' in sub-s.(3) of s.69, held
that the doctrine of ejusdem generis would not apply and the
words 'other proceedings' include the right arising under an
arbitration agreement between the parties is a right arising
under the contract. The words 'other proceedings' in sub-
s.(3) must receive their full meaning untramelled by the
words 'a claim of set off. The latter words neither intend
nor can be construed to cut down the generality of the words
'other proceedings'. In that case, since the parties sought
to avail the remedy under s.8 of the Act, this Court held
that the words 'other proceedings' include the proceedings
under s.8 of the Act and that, therefore, the application
would not lie. How ever, this Court had expressly laid
thus:
Section 8 in The Indian Partnership Act, 1932 [Entire Act]
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