Calcutta HC: Award May Be Set Aside if Tribunal Rewrites Contract or Ignores Key Clauses  ||  Delhi HC Suspends Kuldeep Singh Sengar’s Life Term, Holding Section 5(C) of POCSO Not Made Out  ||  Calcutta High Court: Arbitration Clause in an Expired Lease Cannot be Invoked For a Fresh Lease  ||  Delhi High Court: 120-Day Timeline under Section 132B Of Income Tax Act is Not Mandatory  ||  NCLAT Reaffirms That Borrower's Debt Acknowledgment Also Extends Limitation Period for Guarantors  ||  NCLAT: Oppression & Mismanagement Petition Cannot Be Filed Without Company Membership on Filing Date  ||  Supreme Court Quashes Rajasthan Village Renaming, Says Government Must Follow its Own Policy  ||  NCLAT: NCLT Can Order Forensic Audit on its Own, No Separate Application Required  ||  NCLAT Reiterates That IBC Cannot be Invoked as a Recovery Tool for Contractual Disputes  ||  Delhi HC: DRI or Central Revenues Control Lab Presence in Delhi Alone Does Not Confer Jurisdiction    

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