| Case ID |
eb468f17-af30-4de4-8bb7-43aac65c81d3 |
| Body |
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| Case Number |
High Court Appeal No.30 of 2007 |
| Decision Date |
Apr 25, 2007 |
| Hearing Date |
Mar 28, 2007 |
| Decision |
The court dismissed the appeal, affirming that the partnership was indeed at will and that the respondent, Hamid Masood, had not effectively retired from the partnership as required by the procedural stipulations in the partnership deed and relevant sections of the Partnership Act, 1932. The court highlighted the importance of adherence to the agreed-upon procedures for retirement and acknowledged the evidence presented regarding the nature of the partnership and the decisions made in the Partner's General Meeting. The court found that the appellant failed to demonstrate a prima facie case in favor of the application for a permanent injunction against the respondent. |
| Summary |
In the case of High Court Appeal No.30 of 2007, the Sindh High Court dealt with issues surrounding the retirement of a partner within the framework of the Partnership Act, 1932. The case revolved around the partnership known as 'M. Yousuf Adil & Co.', which was established in 1986. The key dispute arose after amendments were proposed to the partnership deed, which prompted one of the partners, Hamid Masood, to contest his status following his non-signing of the altered deed. The court examined the provisions concerning the retirement of partners, particularly Section 32 of the Partnership Act, which stipulates the conditions under which a partner can retire. The court emphasized the necessity for clear communication and mutual consent among partners, as well as the need to follow the established procedures in the partnership agreement. Ultimately, the court found that the appellant had not met the burden of proof required to substantiate the claim for Hamid Masood's retirement from the firm, thereby reinforcing the principles governing partnerships and their operations under Pakistani law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL SOOMRO,
RAHMAT HUSSAIN, JAFFERI
|
| Lawyers |
Kamal Azfar,
Salah-ud-Din Ahmed
|
| Petitioners |
7 others,
M. YOUSUF ADIL SALEEM & CO.
|
| Respondents |
HAMID MASOOD
|
| Citations |
2007 SLD 163,
2007 PTD 1636,
2008 PTCL 196
|
| Other Citations |
S.W.F. Product (Pvt.) Limited v. Sohanlal Bagla AIR 1964 Cal.209,
IT v. A.W. Figgis AIR 1953 SC 455,
Moss v. Elphick 102 LT 639,
Somawanti v. State of Punjab AIR 1963 SC 151,
Crawshay v. Maula (1818) 36 ER 479
|
| Laws Involved |
Partnership Act, 1932,
Civil Procedure Code (V of 1908)
|
| Sections |
32,
33,
39,
40,
41,
42,
43,
44,
7,
68,
O.XXXIX,Rr.1,2
|