Court : Kolkata
Decided on : Jun-12-1933
Reported in : AIR1934Cal308,150Ind.Cas.292
..... no application where there has been no common funds which ever went to start or implement the business; section 253, contract act, has for its foundation a contractual relation of partnership. these principles are entirely inapplicable to the present case unless one can find that the business was started out of common ..... in our judgment, tarapada's letters purport to proceed from a person who could have no pretensions to a claim on the ground of partnership, but who certainly had every claim upon the natural love and affection and esteem of his younger brother who would under ordinary circumstances have ..... in the plural in connexion with the suit, but it is obvious that from this an inference does not necessarily arise that there was a partnership between the brothers in connexion with the business against which the claim in the suit was made. people are in the habit in ordinary ..... . 19, ramdas chakravarti, is that after leaving this job as under-broker to messrs. schroder smidt andco , tarapada commenced a business in bones in partnership with certain other persons, namely a zamindar of sathkhira and two 'christians,' that tarapada contributed about rs. 3,000 to the capital of this business but ..... the joint family. but one earning member maintaining a whole family regularly all his life is almost a normal feature of joint families in indian society. the character and attendant circumstances of such payments as were made in this case destroy all the theories of such payments having been .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-14-1933
Reported in : AIR1934Cal177,150Ind.Cas.69
..... for the judgment-debtors that nagendra babu sent word to him to come to all the partners for the decree money. in this case no deed of partnership is forthcoming. but it appears clear from the statement of the judgment-debtors in the passage to which i have just referred that he knew that the ..... been made in the text book. it can hardly be gainsaid that it is an accurate statement of law and that this was also the view taken in indian courts will appear from the decisions in the cases to which reference has been made, namely p.l.a. palaniappa chettiar v. v.l.a.r. ..... has been pointed out by the learned authors that it is obviously not just that a third person should be able to hold the firm liable for an act of one partners which he knew to be unauthorised; and such knowledge is necessarily conveyed by notice that the partner's authority is expressly restricted, in that ..... express authority to accept rs. 3,000, in full satisfaction of the dues. it was contended before him that under the provisions of section 251, contract act, nagendra as a partner had authority to give the release and thereby bind the other partners or rather the firm. but this objection was over-ruled although ..... rule of law which has been formulated by sir fredrick pollock and sir dinshaw fardunji mulla in their well-known commentary on the contract act under section 251 of the said act in the passage to be referred to presently. having regard to the fact, namely that the judgment-debtors had the knowledge that the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-22-1933
Reported in : AIR1934Cal356
..... the joint family ; and this is common ground. the plaint further alleges that after bishwanath's death, rajkrishna, nabeen and umacharan started a joint family partnership business in castor oil seeds; that, on 21st july 1862, rajkrishna executed a will and died a short time after in the same year. in this ..... as this was property unknown to the testator. there is also some authority for saying that there is a difference between the indian and english law in this respect. under the indian law it would seem that a residuary clause does not apply to property unknown to the testator. in the case of kunthalammal ..... i do not think that the matter would have been carried any further by the examination of a few witnesses to prove collection of rent and isolated acts of possession.. for these reasons, i am of opinion that the plaintiffs' title has been extinguished, by adverse possession.36. i agree that no ..... by nabin's will narasingha got no share and the will of nabin has been wholly misconceived both by narsingha and his successor-in-interest; (5) that the acts which resulted from such misconception cannot make any change in the course of legal inheritance ; (6) that the will by narasingha is void ; (7) that ..... the father of the plaintiffs admitted in his last will that he had got only four annas share in the properties in suit, narasingha, by his acts and conduct by taking probate of nabeen's will, could not himself have claimed eight annas share and the plaintiffs as his (narasingha's, heirs .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-11-1933
Reported in : AIR1935Cal39
..... further accounts and inquiries to be taken and made on that footing. in edmonds v. robinson (1885) 29 ch d 170, which was a partnership action for dissolution and accounts and in which accounts and inquiries having been ordered a further direction was asked for in order to credit premium which ..... .' the rule of court in england, in this matter, is not the same as the statute law in this country (vide sections 351 to 354, indian succession act). peruvian guano co. v. dreyfus brothers & co. (1892) ac 166 is a very different case. the question was one of damages for detention ..... erroneous or wrong it may perhaps be reasonably expected that their lordships would have said something against it. their lordships have said:the english apportionment act of 1870 provides that after its passing, all rents, annuities, and other periodical payments in the nature of income are, unless it is ..... valuation the principles are well settled. in an action for specific restitution of chattels, the judgment is ordinarily in the alternative (section 10, specific belief act, and order 20, rule 10, civil p.c.) that the plaintiff do recover the possession of the chattels or their assessed value in case ..... proceeded.)presumption from withholding of evidence and non-production of articles.36. as regards the non-production of evidence, illus. (g), section 114, evidence act, says that the court may presume that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds .....Tag this Judgment!