Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1932 - s.69(3 Partnership Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Partnership Act, 1932 - s.69(3) - Scope and ambit of - Whether the ban imposed u!s.69 against an unregistered firm can operate in the matter of arbitral proceedings by interpreting that the expression "other proceedings" in sub-section (3) of s.69 will include arbitral proceedings by equating the arbitral proceeding to a suit filed in a Court - Held: The ban imposed u!s.69 can have. no application to arbitral proceedings or arbitration award - Such proceeding will not come under the expression "other proceedings" in sub-section (3) of s.69 - Expressions couched in sub-section (3) cannot have independent existence - The "other proceedings" should be intrinsically connected with the "suit"which are banned under sub-sections (1) and (2) of s.69 - The provisions of sub- sections (1) and (2) have been impliedly incorporated in sub-section (3) - The arbitral proceedings cannot be treated as civil proceedings/suit for the purpose of s.69(3) by takii1g a cue from Limitation Act, Arbitration and Conciliation Act or Interest Act - Arbitration and Conciliation Act, 1996 - ss. 35 and 36 - Limitation Act, 1963 - s.14 - Interest Act, 1978 - s. 2(a).Interpretation of Statutes - A statutory provision has to be interpreted from the words that are expressly used - Court should not add or substitute any word to it. Words and Phrases - 'Court' - Meaning of |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2016 INSC 457 |
Petitioner | M/s Umesh Goel |
Respondent | Himachal Pradesh Cooperative Group Housing Society Ltd. |
SCR | [2016] 6 S.C.R. 703 |
Judgement Date | 2016-06-29 |
Case Number | 7916 |
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