Court : Kolkata
Decided on : Mar-09-1938
Reported in : AIR1939Cal187
..... 20, it is outside the act,meaning the english act of 1862, section 4 of which corresponds to section 4, indian companies act, 1913. we are however of opinion that the first ground on which the learned subordinate judge has based his decision on this point is a sound one. in the formation of a partnership, the basic element is contract. a trading association, which is ..... synonymous with the term 'a trading company' or 'a trading society,' to be within section 4, companies act, must ..... also be one formed on the basis of contract between its members. a joint family business concern however which by ..... its nature descends from father to son, in which interests are acquired by the succeeding generations not by an act of party but by the law of inheritance, is not an .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-06-1938
Reported in : AIR1938Bom453; (1938)40BOMLR995
..... suit. moreover, we are not satisfied that it is a correct statement of the legal position. no doubt according to the definition in section 239 of the indian contract act ' partnership ' is the relation which subsists between persons who have agreed to combine their property, labour or skill in some business, and to share the profits ..... to be not that the partnership came to an end but that the business of the partnership came to an end, and there is nothing in the indian contract act which justifies the view that the mere cessation of business would dissolve the partnership. on the other hand there is the authority of the privy council for ..... the owner of the firm of aslaji sonmal both died more than three years before the suit.5. under section 253 of the indian contract act, which contains the law applicable to this case, a partnership is dissolved by the death of any partner in the absence of any ..... judgment the learned trial judge has expressed the view that the suit is barred by reason of the fact that business was stopped three months after the formation of the partnership. this point was not taken in the written statement and appears to be based on paragraph 4 of the plaint where in a ..... from that that the main firm would be dissolved on the death of meghaji and bhikaji, unless there is reason to suppose that there was a contract providing that the main firm was not to be dissolved by the death of individual partners.8. the learned advocate for the appellants has attached importance .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-16-1938
Reported in : (1938)40BOMLR916
..... catches profits arising in british india to businesses carried on outside.19. these considerations lead their lordships to the conclusion that under the indian act a person resident in british india carrying on business there and controlling transactions abroad in the course of such business is not by these ..... trade within the united kingdom and observations of english judges by way of exposition of this policy cannot be authority on the problem under the indian act. in any case their lordships are not satisfied that, apart from the dictate of any statute, authority in england has established the proposition ..... or arise, but to make clear that for another purpose source is irrelevant. there is every presumption that, in such a section in an indian act, the legislature intends the exact language of the section to be the test of liability. to answer the question, ' do these profits accrue ..... the use made, by learned counsel on both sides, of the english decisions, but their lordships have carefully to remind themselves that ' the indian act is not in pan materia ; it is less elaborate in many ways, subject to fewer refinements, and in arrangement and language it differs greatly ..... they are not saying that the place of formation of the contract prevails against everything else. in some circumstances it may be so, but other matters-acts done under the contract, for example-cannot be ruled a priori. in the case before the board, the contracts were neither framed nor carried out in british .....Tag this Judgment!
Court : Privy Council
Decided on : Jun-16-1938
..... within the united kingdom and observations of english judges by way of exposition of this policy cannot be authority on the problem under the indian act. in any case their lordships are not satisfied that apart from the dictate of any statute, authority in england has established the proposition ..... of the use made by learned counsel on both sides, of the english decisions, but their lordships have carefully to remind themselves that: the indian act is not in pari materia; it is less elaborate in many ways, subject to fewer refinements, and in arrangement and language it differs ..... accrue or arise but to make clear that for another purpose source is irrelevant. there is every presumption that in such a section in an indian act the legislature intends the exact language of the section to be the test of liability. to answer the question, "do these profits accrue ..... which catches profits arising in british india to businesses carried on outside. these considerations lead their lordships to the conclusion that under the indian act a person resident in british india carrying on business there and controlling transactions abroad in the course of such business is not by these ..... they are not saying that the place of formation of the contract prevails against everything else. in some circumstances it may be so, but other matters-acts done under the contract, for example-cannot be ruled out a priori. in the case before the board the contracts were neither framed not carried out in british .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-29-1938
Reported in : AIR1939Cal1
..... to the amount of rent settled for the accretions to the patni were wrong.' they claimed this declaration on the ground that the lands were re-formations in situ of the permanently settled lands of their patni. they ought to have pleaded in that suit that even if the lands were accretions ..... are correct in their contention on the point. they did dispute their liability to pay rent for this land on the ground that it was re-formation in situ. the matter is now settled against them and they no longer dispute it. they merely say that, although they are liable to pay ..... to pay rent. in the decree itself, he left the matter open. the defendants raised two defences, (1) that the land in question was re-formation in situ; and (2) the defence with which we are concerned in these suits. the learned subordinate judge does not say a single word about either ..... recess of a river, that is to say diluvion and alluvion. in the preceding clauses of this patta payasthi has been divided into sikhastir payasthi (re-formation of situ) and laktapayasfchi (accretion) but in the clause under discussion only the general word payasthi (alluvion) has been used. there cannot be any doubt ..... section 191 does not empower the revenue officer to touch contractual rights acquired before the act.11. section 104(2) read with section 192 does not empower the revenue officer to disregard the terms of contract entered into before the act. the revenue officer therefore in settling rents under section 104-a to section 104 .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-06-1938
Reported in : AIR1939Bom129; (1939)41BOMLR98
..... scheme framed later on upon that petition and it was followed by an amended scheme. inferentially that suggests that the original petition under the indian companies act was no other than to wind up the bank. that position is accepted in the absence of the original record by both the parties. ..... any doctrine of estoppel. the argument is that an accusation of fraud is inconsistent with the claim founded upon a valid contract in the civil suit, and that therefore the judgment of the civil court must necessarily conflict with the possible conviction resulting from this prosecution. ..... the prosecution by reason of the judgment of the civil court decreeing the claim of the bank to recover on the basis of a valid contract the sum alleged to have been embezzled. the plea of bar to this trial is based upon grounds of public policy and not on ..... upon which the trial proceeded, of a conspiracy to commit non-cognizable offences, such as the offences of cheating and criminal misappropriation under the indian penal code, necessitated the previous sanction of the local government or the district magistrate specially empowered, and that the assumption of jurisdiction by the district ..... here is a compendious charge of falsification of accounts not only in relation to the several acts of criminal breach of trust alleged in the charge, but other similar acts committed between 1923 and 1928 since the alleged formation of the conspiracy. the decision in emperor v. manant : air1926bom110 is to the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-31-1938
..... that state by companies also authorized to do business there, california had no relationship to appellant or to the reinsurance contracts. no act in the course of their formation, performance, or discharge took place there. the performance of those acts was not dependent upon any privilege or authority granted by it, and california laws afforded to them no protection. ..... because the state might tax the transactions which the corporation carries on outside the state if it were induced to carry them on within. appellant, by its reinsurance contracts, undertook only to indemnify the insured companies against loss upon their policies written in california. the reinsurance involved no transactions or relationship between appellant and those originally insured, ..... court. appellant is a connecticut corporation, admitted to do an insurance business in california. in addition to its business conducted within that state, it has entered into contracts with other insurance corporations likewise licensed to do business in california, reinsuring them against loss on policies of life insurance effected by them in california and issued to ..... the amendment informed the people that representatives would be apportioned among the several states "according to their respective numbers, counting the whole number of persons in each state, excluding indians not taxed." no citizen could gather the impression here that, while the word "persons" in the second section applied to human beings, the word "persons" in .....Tag this Judgment!