| Case ID |
148b3cf6-209b-4e39-9178-1bd3b518a2c1 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 119 |
| Decision Date |
Oct 20, 1971 |
| Hearing Date |
Oct 20, 1971 |
| Decision |
The Supreme Court of Pakistan upheld the decisions of the lower courts, confirming the appointment of a receiver for the partnership business running the cinema. The Court found that the lower courts had acted on sound judicial principles in their decisions. Despite the petitioner's arguments against the necessity of a receiver, the Court noted that the receiver had successfully leased out stalls and collected significant lease amounts from the stall-holders, indicating effective management of the partnership business. The petitioner's claims of improper management by the respondents were acknowledged, leading to the conclusion that the appointment of a receiver was justified to protect the partnership's assets and business interests. Ultimately, the petition was dismissed. |
| Summary |
This case revolves around the dissolution of a partnership formed to operate a cinema in Sialkot. The partnership, established on March 22, 1967, led to disputes, culminating in a suit for dissolution filed by one partner. The case involved procedural matters under the Civil Procedure Code, particularly pertaining to the appointment of a receiver. The Supreme Court of Pakistan emphasized the importance of sound judicial principles in managing partnership disputes and affirmed the decisions of lower courts that appointed a receiver to oversee the business operations. The ruling underscored the necessity of ensuring proper management of partnership assets and protecting the interests of all parties involved. This case highlights critical issues in partnership law, including the roles and responsibilities of partners, the process of dissolution, and the judicial mechanisms available to resolve such disputes. Legal practitioners and business partners can derive insights into the implications of partnership agreements and the judicial processes involved in managing disputes. Keywords such as 'partnership dissolution', 'receiver appointment', and 'judicial principles in partnerships' are trending and relevant in contemporary legal discourse. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
WAHEEDUDDIN AHMAD
|
| Lawyers |
Sh. Bashir Ahmad, Senior Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record,
Raja Abdul Razzaque, Advocate-on-Record
|
| Petitioners |
Sh. MUNIR AHMAD
|
| Respondents |
2 others,
MUHAMMAD ISMAIL
|
| Citations |
1971 SLD 346,
1971 SCMR 666
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XL, r. 1
|