Supreme Court of India
Loon Karan Sethia Etc. v. Ivan E. John & Ors. Etc.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the foregoing, we have no hesitation in holding that as material alterations have been made by the plaintiff in the agreement dated July 6, 1948 (which is the basis of the suit) rendering it void and as the bar of section 69 of the Partnership Act clearly applies to the case, the suit is clearly untenable and has to be dismissed.
Judgment, page 19
From the headnote
Indian Partnership Act 1932-Sec. 69-Whetlzer mandatory--Whether s11it .can be filed by unregistered firm-Dissolution of firm-Suit by a partner of erst_ while unref?istered firm-If other partners of erstwhile firm necessary parties Material alterations inf a document-Effect of-Suit for specific and ascertained amo11nt-Whether court can make out new case and grant partial relief on an .other basis, Messl!S, John & Co. were in financial difficulties and, therefore, entered into a financial agreement with Sethia & Co. a partnership firm of the plaintiff and Seth Sugan Chand. On 6th July, 1948
Where later benches applied it
- 2025 Syed Basheer Ahmed v. M/s Tinni Laboratories Private Limited & Anr.
- 2022 M/s. Patil Automation Private Limited and Ors. v. Rakheja Engineers Private Limited
- 2025 Sunkari Tirumala Rao & Ors. v. Penki Aruna Kumari
Of those, 2 referred to · 1 mentioned
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