SC: Section 22 of Hindu Succession Act Preference For Class-I Heirs Applies to Agricultural Land  ||  Supreme Court: Refund Clause in Sale Agreement Does Not Extinguish Right to Specific Performance  ||  SC Clarifies When a Probate Application Filed After a Testator's Death is Time-Barred  ||  Madras HC: Coordinate Bench Cannot Reopen Issue Already Settled by Another Division Bench  ||  Delhi HC Urges Law to Regulate Media, Notes Anyone with a Mobile Phone Can Claim to be a Journalist  ||  CCI Rejects Allegations of Collusion Involving Reliance Jio and More Than 4,500 Entities  ||  Allahabad HC: Working Mother with Child Custody Cannot Shift Entire Maintenance Liability to Father  ||  Bombay HC: Possessory Suit U/S 6 of the SRA is Maintainable Despite a Licensor-Licensee Relationship  ||  Del HC: Master's Candidates Without the Prescribed Bachelor's Degree are Ineligible as Govt Teacher  ||  Cal HC: BSF Cannot Deny DIG Rank to an Officer Injured in 1995 Road Accident After Earlier Promotion    

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 2026 - All Rights Reserved