The All India Reporter Vindhya Pradesh Section Citation: A.I.R. (39) 1952 Vindhya Pradesh

Where the business of the partnership had been carried on for some time, and the con- tribution by the plaintiff to the business of the association, illegal under S. 4 of the Companies Act, had been applied to the business no re- fund by the plaintiff can be claimed. [...] The licensee suing this trans- feree for refund of the advance license fee and the price of the stock, it was held that the "agreement being void and in fact punishable under the excise rules as a crime, the refund was not obtainable even under S. 65 of the Contract Act. " There again it is to be noted that the trans- feree of the shop had taken over and had carried on the business for sometime. [...] The point to note is that in these cases me business of the partnership had been carried on for some time, and the contribution by the plain- tiff to the business of the association, illegal under S. 4 of the Companies Act, had been applied to the business. [...] After the agree- ment, but before the starting of the business, and the application of the money some of the members want a refund. [...] The plaintiff asserting all the time that he had shown the document for defendant's inspection, the Court tried to set the controversy at rest by directing the parties to have the inspection done in the pre- sence of the lawyer at the house of the plain- tiff's lawyer.