Mr. Justice P. Velmurugan

A property exclusively belonging to a person, on his entering into the partnership with others, does not become a property of the partnership, merely because, it is used for the business of the Partnership Firm and once it is established that the property was the individual property then a person, who claims that it becomes a Partnership property, has to prove – T. Rajmohan Vs. T. Jayaraman – Madras High Court

It is settled proposition of law that under Section 14 of the Partnership Act, 1932, in the absence of an agreement to the contrary, the property exclusively belonging to a person, on his entering into the partnership with others, does not become a property of the partnership, merely because, it is used for the business of the said Partnership Firm. It is well settled proposition that once onus has been shifted to the respondent and he has not discharged his onus, the appellant is entitled to get decree, whereas the Trial Court has failed to appreciate the same.

A property exclusively belonging to a person, on his entering into the partnership with others, does not become a property of the partnership, merely because, it is used for the business of the Partnership Firm and once it is established that the property was the individual property then a person, who claims that it becomes a Partnership property, has to prove – T. Rajmohan Vs. T. Jayaraman – Madras High Court Read Post »

Any matter in respect of which an action might be taken even later on, Civil Court shall have no jurisdiction in respect of matters which a Debts Recovery Tribunal or an Appellate Tribunal is empowered to entertain any proceedings thereof – Ms. Shobashalini Chokkalingam Vs. S.Ramesh – Madras High Court

Hon’ble High Court holds that as per Section 34 of the SARFAESI Act, jurisdiction of Civil Court is barred in respect of matters which a Debts Recovery Tribunal or an Appellate Tribunal is empowered to determine in respect of any action taken or to be taken in pursuance of any power conferred under this Act. Therefore, any matter in respect of which an action might be taken even later on, Civil Court shall have no jurisdiction to entertain any proceedings thereof.

Any matter in respect of which an action might be taken even later on, Civil Court shall have no jurisdiction in respect of matters which a Debts Recovery Tribunal or an Appellate Tribunal is empowered to entertain any proceedings thereof – Ms. Shobashalini Chokkalingam Vs. S.Ramesh – Madras High Court Read Post »

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