Court : Orissa
Decided on : Feb-26-1954
Reported in : AIR1954Ori241; 20(1954)CLT505
..... not involve the continued existence of the employer during the period of the contract. this distinction was brought out in -- '(1929) 46 tlr 121 (b)' where it was observed: 'a partnership case may involve rather different considerations.'9. the question ultimately turns on a true construction of the contract and the ascertainment as to whether it was one of the implied ..... death or dissolution of the employer. in support of this he relied on --'phillips v. alhambre palace co.', (1901) 1 kb 59 (c). in that case the employer was a partnership firm and it was held that so far as the employer was concerned the contract was not of such a personal character as to be terminated by the death of ..... referred to in the commentaries under these two sections in pollock and mulla on indian contract act and there seems therefore no doubt that the principle laid down in those decisions as regards the implied condition in cases of contracts of personal service would apply with equal ..... it was the intention of the parties that the promise should be performed by the promisor himself his representative will not be competent to perform the same. thus in the indian contract act also it is stated expressly that the question is one of ascertaining the true intention of the parties. the english decisions dealing with contracts of personal service have been .....Tag this Judgment!
Court : Orissa
Decided on : Jan-12-1954
Reported in : AIR1954Ori178; 20(1954)CLT115
..... court in the case of -- 'nasir ahmed v. lutf ahmed', air 1949 pat 496 (h), where in a pending suit for dissolution of the partnership firm owning a sugar factory a receiver was appointed to deal with the cash. the firm had leased out the factory to a stranger for two seasons ..... timber mills limited is a juridical person being a company duly incorporated under the provisions of the indian companies act (act 7 of 1913). the petitioner have produced the certificate incorporating the said company under the provisions of the indian companies act, dated 14-11-1950, granted by the assistant registrar, joint stock companies, orissa.it is ..... sales by the court, the charge, in respect of the unpaid purchase-money contained in the terms of the sale-deeds, is not one either by act or parties or by operation of law. it is a well recognised principle that the court is not a juridical person who can sue or be ..... a mortgage by deposit of title-deeds within the meaning of section 58, and to a charge within the meaning of section 100, transfer of property act, 1882.'in order that the present case may come under the provisions of order 34, rule 15, it is essential that it must be a charge ..... (j), the judgment of vice-chancellor (sir john leach) is only in one sentence running to the effect :'the purchaser under a decree does, by the act of purchase, submit himself to the jurisdiction of the court as to all matters connected with that character. take the injunction as prayed.'similarly in the case reported .....Tag this Judgment!
Court : Orissa
Decided on : Dec-02-1954
Reported in : AIR1955Ori49; 21(1955)CLT1
..... 18-5-1938 had indicated no objection to the business being carried on in partnership although they had on 10-3-1938 said that the licences could not be issued in the joint names. they were, however, prepared to reconsider ..... declared unlawful ab initio if a full disclosure of the position had not been made to the revenue authorities but that is not the case. the partnership was entered into before the plaintiff submitted his first tender. the revenue authorities had full knowledge of the situation from the very beginning and until ..... the city of madras. the license stood in the name of one of the partners. but the authorities had been informed of the existence of the partnership on 2nd september and again on 11th september one ofthe partners applied to the collector of madrasto issue the licence in the joint names of thepartners. ..... future date to obtain a licence. the learned judge further observed-'there is indeed nothing in the act to prevent a license to conduct a toddy shop being issued to several persons to enter into a partnership for the purposes of bidding at a toddy shop auction and if successful in the auction, of ..... it may be that under the common law of england restitution is not permissible in such cases, but the indian law is different in so far as it makes a provision in section 65, contract act. this case can, however, be distinguished on the groand that the seeds, oils and fats order of 1919 .....Tag this Judgment!