Madras HC: Police Superintendent not Liable For IO’s Delay In Filing Chargesheet or Closure Report  ||  Supreme Court: Provident Fund Dues Have Priority over a Bank’s Claim under the SARFAESI Act  ||  SC Holds Landowners Who Accept Compensation Settlements Cannot Later Seek Statutory Benefits  ||  Supreme Court: Endless Investigations and Long Delays in Chargesheets Can Justify Quashing  ||  Delhi HC: Arbitrator Controls Evidence and Appellate Courts Cannot Reassess Facts  ||  Delhi HC: ED Can Search Anyone Holding Crime Proceeds, not Just Those Named in Complaint  ||  Delhi HC: ED Can Search Anyone Holding Crime Proceeds, not Just Those Named in Complaint  ||  Delhi HC: Economic Offender Cannot Seek Travel Abroad For Medical Treatment When Available In India  ||  SC: Governors and President Have No Fixed Timeline To Assent To Bills; “Deemed Assent” is Invalid  ||  SC: Assigning a Decree For Specific Performance of a Sale Agreement Does Not Require Registration    

A.K. Nithyanandham v. Saraswthi Velusamy and Ors. - (High Court of Madras) (13 Aug 2015)

Plaintiff must establish shape and active functioning of partnership if made orally

MANU/TN/2527/2015

Civil

A right to participate in the profits of the trade does not, by itself, demonstrate the existence of a partnership; the relationship also depends on the intention and contract of the parties. Though the Court ascertained an agreement to share profits, it noted that the firm's business was primarily carried on by the Appellant, who also held much of the property in his own name. The Respondent had not averred that it was on her behalf the Appellant had done the same.

Relevant : Section 69 Indian Partnership Act, 1932 Act Paras Nath Thakur v. Smt. Mohani Dasi (deceased) MANU/SC/0156/1959 Yadarao Dajiba Shrawane (dead) by L.Rs. v. Nanilal Harakchand Shah (dead) & others MANU/SC/0639/2002

Tags : PARTNERSHIP   EXISTENCE   INTENTION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved