Case Name : V Subramaniam vs Rajesh Raghuvandra Rao
Case Reference: (2009) 4 SCR 942 :
Neutral Citation:
Case Number: CA 7438/2000
Court: Supreme Court
Bench: 02
Coram: Markandey Katju, GS Singhvi
Date: 20.03.2009
Partnership Firm is not a distinct legal entity (Para 14)
- It is a compendium of its partners; it does not became a distinct legal entity even after registration
- Partners are co-owners of property of the firm unlike shareholders in a company
Law cannot be arbitrary Maneka Gandhi vs UOI
Deprivation of property can happen in the following ways:
- Destruction Chiranjit Lal Chowdhury vs UOI
- Confiscation Ananda Behera vs State of Orissa
- Revocation of proprietary right granted by private proprietor Virendra Singh vs State of UP
- Seizure of immovable property Virendra Singh vs State of UP from possession of individual Wazir Chand vs State of HP
- Seizure of goods from possession of individual Wazir Chand vs State of HP
- Assumption of control of business in exercise of police power of a State Virendra Singh vs State of UP
- Where municipal authority pulls down dangerous premises Nathubhai Dhulaji vs Muncipal Corpn
- When insolvent is divested of property Vajrapuri Naidu N vs New Theatres, Carnatic Talkies Ltd
Classification for legitimate purposes is permissible, but it must be reasonable : based on intelligible differentia and having nexus between basis for classification and object of legislation (Para 22)
Definition of reasonable restriction; not arbitrary or excessive (Para 24) (Para 25) - Rational relation to object; must not be in excess of object;
– Refer also: Wazir Chand vs State of HP, AIR 1954 SC 415 Maneka Gandhi vs UOI, AIR 1978 SC 597 Chiranjit Lal Chowdhury vs UOI, AIR 1951 SC 41 Ananda Behera vs State of Orissa, AIR 1956 SC 17 Virendra Singh vs State of UP, AIR 1954 SC 447 Nathubhai Dhulaji vs Muncipal Corpn, AIR 1959 Bom 332 Vajrapuri Naidu N vs New Theatres, Carnatic Talkies Ltd, (1959) 2 MLJ 469 Chintamanrao vs State of MP, AIR 1951 SC 118 MCVS Arunachala Nadar vs State of Madras, AIR 1959 SC 300 State of Madras vs VG Row, AIR 1952 SC 196
See also: Constitution - Article 14 Constitution - Article 19(1)(g) Constitution - Article 19
PDF: V Subramaniam vs Rajesh Raghuvandra Rao, (2009) 4 SCR 942.pdf