Court : Chennai
Decided on : Aug-31-1933
Reported in : AIR1934Mad162; (1934)66MLJ625
..... inferred that the parties contemplated that the heir or heirs of dying partners should continue with the surviving partners and carry on the business of the partnership. it is unnecessary to discuss the several english and indian cases cited before us in which the question is raised whether, if such a provision is made, it is an imperative provision or gives only ..... contention is that we have to look at the real nature of the suit that is filed in court in determining whether a particular article of the limitation act is applicable. when srinivasaraghavacharya died in 1920, under section 253 of the indian contract act the partnership was dissolved by his death, subject to the argument to be noticed under the second heading. if the ..... and which the parties cannot prevent. all that the parties say in clause 21 in effect is that, apart from death they should not, by act of parties, allow outsiders to be concerned with the partnership. the devolution of the interest of one partner to his heir is a thing which has necessarily to be submitted to by the parties: but the ..... partnership was dissolved in april, 1920, there was no undis-solved partnership, for the dissolution of which the plaintiff had to file a suit. the partnership was dissolved by operation of law, and if .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-30-1933
Reported in : (1933)35BOMLR745
..... no consideration for such a settlement because it is said that article 106 of the indian limitation act provides a period of limitation for suits for an account and share of profits of a dissolved partnership, the period of limitation being three years, and that the time from which the period begins to run is the date ..... of the dissolution, and inasmuch as this settlement was arrived at more than three years from what is said to be a dissolution of the partnership, namely, the determination of the joint adventure, it is said that the partners had only agreed to settle something which they were not bound to account for. in fact this ..... , which is the view in fact taken by the two courts, and, therefore, it must be taken that there was at the end of 1924 a final settlement of the partnership accounts under which the respective plaintiffs would have become entitled to the sums for which they respectively sued.2. the only other point that was raised was that there was ..... the plaintiffs were faizullah khan in the first suit and mauladad khan, since deceased, in the second suit, who were suing to recover their shares on a settlement of certain partnership transactions between them and the respective defendants. it appears that the plaintiffs had been partners in a contract for supply and transport, which had been obtained from the commissariat department .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-03-1933
Reported in : AIR1933All926
..... any arrangement arrived at between two out of four partners behind the back of others can have the effect of dissolving the partnership as a whole. it is true that section 253 of the indian contract act provides that unless a partnership has been entered into for a fixed term any partner may retire from it at any time and that if any member ..... which the lower courts view on the question of limitation proceeds is that the suit is virtually one for 'specific portions of partnership property' and is governed by article 106 of the indian limitation act. the learned judge further held that the partnership should be deemed to have been dissolved more than 3 years before the institution of the suit. accordingly limitation provided for ..... the plaintiff-appellant has challenged the judgment of the lower court so far as it finds that a dissolution of partnership occurred more than 3 years before the institution of the suit as also the view that article 106 of the indian limitation act is applicable to the circumstances of the case. on behalf of the respondent the finding on the issue relating ..... to the existence of a partnership has been impugned. the whole case has thus been reopened before us at the instance of one .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-27-1933
Reported in : AIR1933Bom407; (1933)35BOMLR881; 145Ind.Cas.619
..... partners when he recovers judgment, even though that judgment remains unsatisfied. the cause of action being single cannot afterwards be divided into two or more: see lindley on partnership, 9th edn., p. 328. this principle was laid down by parke b. in king v. hoare (1844) 13 m. & w. 494 in which case ..... that they only subsequently learnt that the applicant was a partner with his son, and they further say that they have sufficient evidence to establish the partnership. the applicant's answer is that even assuming that he was a partner, which he denies, the debt due by the firm was merged in the ..... to set aside the adjudication order made on november 7, 1932, adjudicating him and his son salebhai vallibhai, both described as 'lately carrying on business in partnership at taher building, koliwada, mandvi, bombay, in the name and style of salebhai vallibhai and at saddar bazaar, bilaspur, in the name and style of adamji ..... decision of macleod j. in shivlal motilal v. birdiohand jivraj is disputed by messrs. pollock and mulla in their commentaries on section 43 of the indian contract act. but even assuming that that decision is binding upon me, and that a subsequent suit is not competent to the promisee after recovering judgment against one ..... respect thereof may be barred by the law of limitation. if, therefore, it is proved that the debt in dispute is a partnership debt, its existence will suffice to support an adjudication order against both the father and the son.6. as the factum of the .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-21-1933
Reported in : AIR1934Bom79; (1934)36BOMLR47; 150Ind.Cas.478
..... apply, so that that is in substance a repeal of the existing statutory provisions as to arbitration by agreement in cases to which the indian arbitration act applies, thus leaving the indian arbitration act as the only statutory provision as to agreements coming within its terms. then there is a proviso to section 3 to the effect that ..... other relatives of theirs were partners in a firm carried on in the name of the defendant, that is to say, as maganlal parbhudas, and that partnership was dissolved in 1929, when disputes arose between the parties which were referred by a written agreement to the arbitration of two gentlemen. it is further alleged ..... is a legal submission to arbitration.14. i respectfully agree with those observations, and inasmuch as i think that both the code of civil procedure and the indian arbitration act are not compulsory, but deal with methods of procedure for going to arbitration and enforcing awards, it is still, in my opinion, open, to those ..... it recites the written agreement to refer the questions in dispute between the partners in the firm of maganlal parbhudas in respect of that partnership, and when one looks at clause 9 of the award it deals with a question not between those partners, or relating to that ..... partnership, but a question between the plaintiff and defendant in relation to an outside matter, and if one took the award by itself it .....Tag this Judgment!
Court : Chennai
Decided on : Jan-04-1933
Reported in : AIR1933Mad701; 145Ind.Cas.989; (1933)65MLJ327
..... successors in respect of these concerns to the businesses formerly carried on at these places by the before-mentioned partnerships. after an appeal, the commissioner of income-tax, burma, held that no succession had taken place. in the meantime the income-tax officer, karaikudi, ..... known as 'c.t.a.m., minhla' and in another firm known as 'c.t.a.s.m., sitkwin' but in december, 1928, these two partnerships were dissolved and the petitioner and his former partner started independent concerns of their own in both those places. a question arose as to whether the partners were ..... the 12th october, 1929.4. the government of india notification referred to reads as follows:in exercise of the powers conferred by section 60 of the indian income-tax act, 1922 (xi of 1922) the governor-general in council is pleased to direct that no income-tax shall be payable by an assessee in respect ..... ' should be taken to include super-tax as well. but mr. patanjali sastri on behalf of the income-tax commissioner argues that under the indian income-tax act of 1918 the basis of assessment was the income of the year of assessment and that since of course it could not be really known until ..... share in the firm at the time of such discontinuance if tax has at any time been charged on such business, profession or vocation under the indian income-tax act, 1918 (vii of 1918) or if an assessment has been made on the firm in respect of such profits or gains under sub-section .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-13-1933
Reported in : AIR1933Bom381; (1933)35BOMLR722; 145Ind.Cas.557
..... stated, is made up of a transfer on certain terms, and the acceptance of these terms. acceptance is defined by section 2(b) of the indian contract act as the act of the person to whom a proposal is made which signifies his assent thereto. the lease has been signed by the defendant, and he has, ..... of five years at the rate of rs. 325 per month commencing from march 1, 1924. plaintiff and his father carried on business in bombay in partnership in the name of haji ahmed umar and son up to june 1924, when the plaintiff's father died, leaving the plaintiff who was his only ..... it was not registered as far as he was concerned. is the lease then admissible, and if so for what purpose section 49 of the indian registration act lays down that no document required to be registered shall affect any immoveable property comprised therein or be received as evidence of any transaction affecting such ..... that the plaintiff cannot rely on any oral agreement when the terms of the agreement are reduced to writing by virtue of section 91 of the indian evidence act. but all the terms of the agreement were admittedly not reduced to writing in the letter of february 6. as to the lease the defendant ..... in this case, for, the lessee only binds himself by covenants which are personal. there is nothing in the indian registration act which makes the lease registrable by both the parties, though the act provides the machinery to be adopted in cases where a party executing the lease denies its execution. all the relevant .....Tag this Judgment!
Court : Chennai
Decided on : Jan-17-1933
Reported in : AIR1934Mad1; (1934)66MLJ4
..... 47 m.l.j. 168. generally stated, that was a case where the question of indemnity was in certain circumstances considered, after the dissolution of a partnership in which at the time of the dissolution one of the partners on consideration took over the assets and liabilities of the firm, relieving the other partners ..... to suffer owing to the default of the 1st defendant. such an 'anticipatory' form of action though somewhat rare is not unknown to the english and the indian, law. in in re richardson ex parte the governors of st. thomas's hospital (1911)2. k.b. 705 it was pointed out by fletcher ..... periods of limitation for suits by a surety against the principal debtor (article 81) and by a surety against a co-surety (article 82) the limitation act prescribes under article 83 a period* of three years for a suit ' upon any other contract to indemnify,' and the period starts from the time 'when ..... clearly confined himself to two positions. his argument is that the plaintiff's suit is barred either under article 83 or under article 120 of the limitation act. on the other hand, mr. varadachari on behalf of the respondent contends that the article applicable to the case is article 132. after specifying the ..... it states specifically that the properties mentioned in it are furnished as 'security'. it is thus a security of immoveable property. this security is given for acting according to the final decree that may be passed in appeal no. 93 of 1909. it is clear that the security is in respect of a .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-07-1933
Reported in : AIR1933Bom304; (1933)35BOMLR569; 147Ind.Cas.786
..... amulakchand mewaram, a firm of merchants carrying on business at kalbadevi road outside the fort of bombay. it was very early appreciated that in fact that firm is not a partnership firm, but is the name of a joint hindu family, in which, according to the evidence, there are three members, and it was proposed in 1926 that the plaint should ..... the decision of mr. justice crump and the court of appeal in ramprasad v. shrinivas : air1925bom527 , though the actual decision in that case turned on the effect of the indian limitation act having regard to an amendment which had been allowed. the learned advocate general on behalf of the respondent has relied on a decision of mr. justice blackwell in vyankatesh oil .....Tag this Judgment!
Court : Allahabad
Decided on : May-02-1933
Reported in : AIR1933All642; 147Ind.Cas.529
..... , that case has no bearing on the point in issue. what the case decided in that case was that the share of a partner in the partnership business was saleable, property within the meaning of those words in section 266, civil p.c., and could be attached and sold by an execution creditor ..... in jewan rani v. ratan chand krishen chand air 1921 cal 795. in this case, the learned judges field that there was authority both english and indian for the view that a claim to unliquidated damages for breach of contract was not asssignable. at one place in the judgment, we find the following ..... and where the person collecting was entitled to just allowances. in my opinion, the learned subordinate judge was right in holding that article 89, limitation act, applied to the case in suits for accounts between principal and agents. it has been found that the contesting defendants credited the plaintiff's assignors with ..... behalf of the contesting defendants, it was urged that the suit of the plaintiff was not within limitation as it was governed by article 62, limitation act. it was said that the agency terminated on 29th january 1925, when the plaintiffs' assignors are said to have been informed of the sale of the ..... damages which might be found due in case the allegations of the plaintiff about the alleged breach of contract were true. under the transfer of property act, an actionable claim can be transferred. an actionable claim means a claim to a debt. in its primary senses a debt is a liquidated money .....Tag this Judgment!