Ker. HC: Independent Evidence of Accomplice Sufficient in Itself to Sustain Conviction  ||  Del HC: Nodal Authority Appointed for Drafting Procedure to Prevent Tree Felling in North Campus, DU  ||  Ker. HC: Baseless Apprehensions That Lawyer Will Act Illegally Should Not be Made by Courts  ||  Mobile e-Sewa Kendra on Bharat Benz Minibus Launched by Kerala High Court  ||  Kar. HC: Service Charge Cap on App-Based Auto Rides Upheld  ||  Plea by Moti Mahal in Delhi High Court for Cancellation of Daryaganj Restaurant’s Trademark  ||  Allahabad HC: Police Officials Duty Bound to Produce Accused Before Court  ||  Kerala High Court: Court Granting Bail Can Cancel it, if Conditions are Violated  ||  Cal HC: Death to be Presumed of Employee Untraceable for 7 Years, Heirs Entitled to Terminal Benefit  ||  Bom. HC: One-Week Bail Granted to Life Convict to Appear in Entrance Test    

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



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


Share :        

Disclaimer | Copyright 2024 - All Rights Reserved