Law:

Section:

Partnership-"Goodwill" - Meaning - Relationship of lease in rights and other tangible things with sale of goodwill-Relevant law on subject fully discussed. Duladas Mullick v. Ganesh Das Damani A I R 1957 Cal. 280 ; New Gujrat Cotton Mills Ltd. v. Labour Appellate Tribunal and others A I R 1957 Bom. 111 ; "Lindley" on Partner­ship 12th Ed. p. 466 ; Stuchbery and others v. General Accident Fire and Life Assurance Corporation Ltd. (1949) 2 K B 256 ; Dr. Peshoton v. Peerozshaw and another P L D 1962 Kar. 293 ; Crutwell v. Lya (1810) 14 E R 129 ; May v. Thomson (1882) 20 Ch. D 718 ; Ginesi v. Cooper & Co. (1880) 14 Ch. D 599; Churton v. Douglas (1859) 70 E R 385 and American Jurisprudence, Vol. 24, pp. 809, 816 and 117 ref, JUDGMENT QADEERUDDIN AHMED, J.-This is a Letters Patent Appeal against the order of our learned brother Mr. Justice Feroz Nana Ghulam Ally by which two applications and the report of the Nazir with regard to the acceptance of securities have been disposed of. The application under section 151, C. P. C. dated the 25th of March 1963, was made by the defendants ­respondents and the application under section 151 read with Order XX, rule 15, C. P. C. dated the 27th of May 1963, was made by the plaintiffs-appellants. The report of the Nazir dated the 21st of May 1963, contained the objections of the plaintiffs­appellants to the securities that were furnished as well as his decision overruling them. 2. The application of the defendants-respondents, which has been accepted without any reservation by the learned Judge, contained the following prayer "It is also prayed that Official Assignee, who is in charge of the management of the firm be directed to immediately hand over the possession of the business and business premises including godowns at Karachi and Chittagong along with all the relevant papers relating to licences, quotas and cate­gories of the firm. He may also be directed (1) to hand over all the unutilised licences and licences of the current period (2) to close the firm's account in various banks at Karachi and Chittagong immediately so that defendants 1 to 4 may be able to open and operate the account in Banks in the name of the firm.…

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