Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Partnership Act 1932 -s 69(2A) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Partnership Act, 1932 -s 69(2A) as introduced by Maharashtra Amendment of 1984 (Maharashtra Act No.29 of 1984 )- Constitutional validity of - Held: It is not valid - The provision violates Arts. 14. 19(1 )(g) and 300A of the Constitution - It deprives a partner in an unregistered firm from recovery of his share in property of the firm or from seeking dissolution of the firm - Restrictions placed by s.69(2A) are arbitrary and of excessive nature and go beyond what is in the public interest - Constitution of India, 1950 -Arts. 14, 19(1 )(g) and 300A. In a suit filed before the Bombay City Civil Court for dissolution of an unregistered partnership firm, the defendant took the stand that the suit was not maintainable in view of sub-section (2A) of Section 69 of the Indian Partnership Act, 1932. The said sub-section (2A) was introduced to s.69 of the Act, by the Maharashtra Amendment of 1984 (Maharashtra Act No. 29 of 1984). Till the Maharashtra Amendment of 1984 came into force on 1-1-1985, a partner in a firm could file a suit for dissolution of an unregistered partnership firm or for accounts of the dissolved firm or to recover the properties of the dissolved firm. However, in view of sub-section (2A) of Section 69, w.e.f. 1-1-1985 a partner in an unregistered partnership firm in the State of Maharashtra cannot file a suit for dissolution or for accounts of a dissolved firm or realize properties of a dissolved firm, unless the duration of the firm was only six months or it's capital is upto Rs.2000/-. The question raised in the instant appeal was: A whether sub-section (2A) of Section 69 inserted by the Maharashtra Amendment is constitutionally valid. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2009 INSC 383 |
Petitioner | V Subramaniam |
Respondent | Rajesh Raghuvandra Rao |
SCR | [2009] 4 S.C.R. 942 |
Judgement Date | 2009-03-20 |
Case Number | 7438 |
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