Court : Orissa
Decided on : Mar-11-1953
Reported in : AIR1953Ori79
..... be disposed of by answering the first question only, leaving the second question open. 11. section 2 (6b) of the indian income-tax act says that the expression 'partner' shall have the same meaning as in the indian partnership act. section 4 of the indian partnership act defines 'partnership' as the relation between persons who have agreed to share the profits of a business 'carried on' by all or ..... any of them acting for all. thus the carrying on of the business of partnership is the primary duty which all the partners of some of ..... the partners acting for all are required to do. the management of a ..... the business they are carrying on the business qua partners and not in any other capacity. this seems to be the main reason why under section 13 (a) of the partnership act a partner is not entitled to receive remuneration for taking part in the 'conduct of the business' unless there is a contract between the parties to the contrary. the underlying .....Tag this Judgment!
Court : Orissa
Decided on : Sep-01-1953
Reported in : AIR1954Ori80
..... upon some disagreement that subsequently arose between them, the appellant john williams served a notice of dissolution of the partnership and the partnership was brought to an end. it was found that the partnership had continued as a joint business for twenty years. the widow, namely the mother of the parties, had ..... of the family honour, and the avoidance of future disputes.6. the leading english case on the subject of family arrangement which has been followed by indian courts is -- 'williams v. williams', (1867) 2 ch 294 (a). in that case john williams died leaving his two sons john and samuel ..... to vitiate it, then it cannot be said that there is mutuality between the parties or that consent is freely given. section 23, contract act, says that the consideration or object of an agreement is lawful unless it involves or implies injury to the person or property of another. there ..... exacting in demanding a satisfactory explanation as to why the plaintiff gave up a substantial portion of his share. section 25, explanation (2), contract act, lays down the, true doctrine in such cases :'an agreement to which the consent of the promisor is not freely given is not void merely ..... by his affection for his brother -- both most excellent and praiseworthy motives but scarcely sufficient- to constitute such a consideration as to convert an act of kindness into a binding agreement.'it was found,, however, that there was quite sufficient consideration to prevent its being a mere voluntary agreement .....Tag this Judgment!
Court : Orissa
Decided on : Dec-16-1953
Reported in : AIR1954Ori193; 20(1954)CLT188
..... to collect kendu leaves within a particular area. the contention raised by the petitioner who was the defendant in that suit is that the suit was hit by section 69, partnership act, as the plaintiffs were divided in status. the opposite party examined himself in the suit and stated on oath that there was no partition, in fact, between him and his .....Tag this Judgment!