Court : Mumbai
Decided on : Sep-24-1947
Reported in : AIR1948Bom292; (1948)50BOMLR89
..... something which was clearly illegal and he had no jurisdiction to make such a provision in the award. now, the position with regard to that contention is this. under section 46 of the indian partnership act when there is a dissolution every partner has the statutory right to have the assets of the firm applied in payment of the debts and liabilities of the firm, and ..... the petitioner should be deprived of the costs of this affidavit. cross-objections dismissed with costs.bhagwati j.20. by a consent decretal order of reference to arbitration, dated april 17, 1941, the suit and all matters in dispute mentioned in the plaint and in the affidavits made by the parties on a notice of motion for receiver and a notice ..... those which the court had originally conferred, because the principle is that the court, as the privy council pointed out, has a duty to discharge in supervising the proceedings of the arbitrator and in seeing that the arbitrator is acting under the order made by it. there is no doubt that the arbitrator did exercise this power conferred upon him, viz., hearing ..... lord blanesburgh delivering the judgment of the privy council said (p. 266):it is incumbent upon arbitrators acting under such an order strictly to comply with its terms. the court does not thereby part with its duty to supervise the proceedings of the arbitrators acting under the order.and at p. 268 lord blanesburgh also remarks that an award which takes into consideration .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-29-1947
Reported in : (1948)50BOMLR543
..... a joint hindu family do not arise; such of its members as in fact enter into contractual relations with the stranger alone become partners and the partnership would be governed by the indian partnership act.authority for this proposition, it would appear, was to be found in mayne's hindu law, 9th edn., p. 398, and ..... joint and undivided hindu family can enter into contractual relationships with the members of that family while remaining joint with them; and (2) if so, partnership being in its nature a contractual relationship, there should be, on general principles of hindu law, no objection to the validity of such a transaction. ..... . the tribunal proceeded to say that they accepted as a fact and there was evidence to show that daulat ram was interested in his own right in the concern, having contracted expressly in his private capacity and having taken care not to merge his interest in that of the joint family ..... high court. in that application it was stated that the following questions of law arose:(1) can there be a partnership within the meaning of section 2 (6b) of the indian income-tax act, 1922, between a hindu undivided family as such on the one part and one of its undivided members in his ..... from a co-parcener in respect of his separate and individual property.17. for the respondent it was argued that the case of a partnership with a stranger can be distinguished on the ground that the karta's entering into a partnership on behalf of a joint hindu family is in substance of the .....Tag this Judgment!
Court : Chennai
Decided on : Jul-07-1947
Reported in : AIR1948Mad187; (1947)2MLJ241
..... no prohibition upon an unregistered partnership making contracts either between the partners inter se or with ..... some third party nor upon an unregistered partnership acquiring property or assets. all that it does ..... the partnership act forbid the institution of a suit to enforce a right arising from a contract in respect of a partnership when the partnership is not registered. sub-section (3) of the same section, however, provides that the provisions of sub-sections (1) and (2) shall not affect any right or power to realise the property of a dissolved firm. it is to be noticed that the indian partnership act places .....Tag this Judgment!
Court : Chennai
Decided on : Oct-17-1947
Reported in : AIR1948Mad343; (1948)1MLJ331
..... the one hand, and the expenses of his keep on the other, are not partners but co-owners only.3. this last illustration in my opinion exactly applies to the facts of the present case. the same distinction is provided by explanation 1 to section 6 of the indian partnership act, which reads as follows:the sharing of profits or of gross returns arising from ..... property by persons holding a joint or common interest in that property does not of itself make such person partners.4. as stated already it is very difficult to apply the definition ..... of partnership contained in section 4 of the act to the facts of the present case ..... for accounts. the first defendant raised the objection that the city civil court had no jurisdiction to entertain the suit as there was no partnership and the only right of the plaintiff, if she established her right to a half share in the property, was to get an ascertained amount of rs. 2-4-0 per day being her share of the rent .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-02-1947
Reported in : (1948)50BOMLR556
..... accordance with and subject to the provisions of the indian arbitration act, 1899, or any statutory modification thereof for the time being in force ' so far as appears from the record, the business of the partnership was always carried on at indore.2. by the end of 1940 there were disputes between the partners which appear to have become the subject of public controversy ..... the courts below, and is inconsistent with the case which the appellants have hitherto made. their lordships think it right to say, however, that the submission could not have prevailed, and appears to them to be founded on a misunderstanding of the section. the 'matter' which was 'directly adjudicated upon' by the high court of indore was the validity of the award ..... declaratory decree prayed. the appellants' counsel eventually conceded, however, that if the award was valid, so that the appellants came under a duty to abide by it, it would be futile to ask the court to declare that the partnership was still subsisting, and their lordships think that the wisdom of this concession cannot be doubted. it is perhaps well to add ..... , and on december 17, 1940, the seven partners referred their differences to the arbitration of the prime minister of holkar state, indore. there is nothing in the record to indicate that the arbitrator was asked, or agreed, to act in accordance with any law but that of indore. on the contrary, the appellants pleaded .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-31-1947
Reported in : (1948)50BOMLR604
..... date when the award was pronounced and had considered the rights and liabilities of all the parties in reference to the disputes referred to them. in conclusion the arbitrators effected a division of the properties belonging to the partnership between the partners and serially set out the properties that fell to the ..... suit to recover possession of immovable property; and we are disposed to hold that such a suit would be governed by article 144 of the indian limitation act. both the courts below have, however, taken a contrary view and have held that article 120 applies; in arriving at the said conclusion ..... suit, mookerjee j. observed that the said argument is based on the assumption that an award does not create any rights until it has been enforced either by an application under section 525 of the civil procedure code (paragraph 20 of the ii schedule of the civil procedure code, 1908) or by a regular suit. ..... on the ground that it was a claim for specific performance which could not be sustained having regard to the provisions of sections 21 and 30 of the specific relief act. jenkins c.j., however, negatived this contention (p3):the first of these objections 'said jenkins c.j.' proceeds on ..... decree that the plaintiff preferred the present second appeal. when this appeal was argued before macklin and bavdekar jj. on september 27, 1946, mr. section m. shah for the plaintiffs contended that the decision of the courts below on the question of limitation was wrong ; and he argued that the .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-21-1947
Reported in : AIR1948All146
..... , the majority does not appear to me to have any right to coerce the minority.45. i may, by way of illustration, mention the case of partnership where, before the modification made by the indian contract act in india and the partnership act in england, a partnership could be dissolved only by the unanimous vote of the partners.45a. on the question of interpretation of the rules and ..... as to the nature of a club, for it assumes that the latter is some form of quasi-corporate body which exists apart from its members who have a legal duty, to maintain it in existence as long as it is practicable to do so. no authority was advanced, nor i venture to think could one be advanced, in support of ..... its members.75. the only point decided in re victoria society, knotting by (1913) 1 ch. 167 was whether a friendly society, was a society within the words of section 267, companies (consolidation) act, 1908, and could, therefore, be wound up by that court and it was held that it could be wound up.76. in waterhouse v. murgatroyd (1831) 9 l ..... , and it is said that a member terminates his membership when he ceases to pay the monthly subscription and he only renews his membership on payment of the monthly subscription.17. according to the defendants, and, besides the statement of mr. john jackson, we have the statement of their counsel, mr. peare lal banerji, that all those who had been ordinary .....Tag this Judgment!
Court : Privy Council
Decided on : Jul-29-1947
..... a joint hindu family do not arise, such of its members as in fact enter into contractual relations with the stranger alone become partners, and the partnership would be governed by the partnership act. 15. authority for this proposition, it would appear, was to be found in mayne's hindu law, edn. 9, page ..... joint and undivided hindu family can enter into contractual relationships with the members of that family while remaining joint with them; and (2) if so, partnership being in its nature a contractual relationship, there should be, on general principles of hindu law, no objection to the validity of such a transaction. ..... . the tribunal proceeded to say that they accepted as a fact and there was evidence to show that daulat ram was interested in his own right in the concern, having contracted expressly in his private capacity and having taken care not to merge his interest in that of the joint family ..... daulat ram was repaid his deposit, which, with interest, had increased to rs. 48,000, and this sum he invested in certain mills called the indian woollen textile mills. it is undisputed that this sum was his separate property. it has been found as a fact by the tribunal and that question is ..... this erroneous view appears to have coloured his and the subsequent decisions of the income - tax authorities. 17. in this view of the hindu law, it is clear, that if a stranger can enter into partnership, with reference to his own property, with a joint hindu family through its karta, there is no .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-18-1947
Reported in : AIR1948Bom301; (1948)50BOMLR140
..... company would then be restricting a statutory right conferred upon a director by section 130 of the act, and that right is not subject to the articles of the company unlike the right of a partne to take inspection which is subject to the contract between the partners under section 12 of the partnership act. therefore, in any event, the plaintiff's right to obtain inspection through an agent ..... ' rights to inspection of other papers and documents of the company. i shall therefore proceed to deal with this ..... under these circumstances that the present suit is filed with the sole object of enforcing the plaintiff's right to inspection through a constituted attorney.2. mr. banaji for the plaintiff has relied upon the provisions section 130 of the indian companies act for the purpose of establishing his right to inspection of the books of account; and he has not pressed his clients ..... succeeded in doing so the court may refuse inspection through an agent. the principles that apply to the right of inspection of a partner arc to my mind equally applicable to the right of inspection conferred on a director under section 130(2) of the indian companies act. steeble in his company law and precedents, 3rd edn. vol. ii, at p. 909 states, 'a .....Tag this Judgment!
Court : Chennai
Decided on : Aug-22-1947
Reported in : (1947)2MLJ474
..... naik v. commissioner of income-tax, bombay : 14itr334(bom) , a partner of a firm in south africa lived in bombay ; under the partnership deed, he had the right of control in the firm, but he never exercised that right; it was held that the firm was not resident in british india.8. in ..... inferences drawn from them by the tribunal were wrong and that they establish that the family was resident within the meaning of section 4-a (b) of the indian income-tax act. in this reference the commissioner relies solely upon the entries in the diary, coupled with the ownership of their immoveable properties ..... to a hindu undivided family, firm or other association of persons for purposes of income-tax is laid down in section 4-a(b) of the indian income-tax act, 1922, as amended by act vii of 1939. it reads thus:a hindu undivided family, firm or other association of persons is resident in british ..... the country ; but in gangabishan's case : (1945)1mlj61 and bhimji r. naik : 14itr334(bom) , while the karta and the partner respectively had the right of control and management, it was not exercised within british india and the family and the firm were not deemed to-be resident.9. as previously ..... one place and so may have more than one residence.' swedish central railway co. v. thompson (1925) a.c. 495.17. as residence was not defined in the indian income-tax act, 1922, the courts in this country also followed the above principles in determining the residence in the case of companies and firms .....Tag this Judgment!