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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1883 Page 1 of about 6 results (0.114 seconds)

Sep 06 1883 (PC)

Erakshah Dhanjiseth Vs. Adarji Dorabji and anr.

Court : Mumbai

Decided on : Sep-06-1883

Reported in : (1883)ILR7Bom535

west, j.1. we are of opinion that, whether the relief sought under section 265 of act ix of 1872 be sought by an application called a plaint, or by one called a petition, the nature of the remedy is not affected. nor is the nature of the inquiry requisite for an adjudication affected by the title of the demand made for it. this demand is essentially a plaint, and must be paid for in fees at the same rate as any other plaint for, an account extend| ins to a like amount of valuation.

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Mar 01 1883 (PC)

Edulji Muncherji Wacha Vs. Vullebhoy Khanbhoy and ors.

Court : Mumbai

Decided on : Mar-01-1883

Reported in : (1883)ILR7Bom167

..... , it might happen that the whole object of the suit would be defeated, and needless expense thrown upon persons who have inflicted no injury upon the partnership. all the proceedings already taken might prove futile, and it might be necessary to begin the whole case over again. here, no doubt, allegations of fr ..... parties to suits generally. each of the parties to a partnership suit, however he may be formally ranked, is really in turn plaintiff and defendant, and in both capacities comes before the court for the adjudication of ..... and prima facie it would appear that if the plaintiff withdraws, the allegations are withdrawn, and no question remains for the court to decide. but a partnership suit is a suit of a peculiar character, and the parties to such a suit do not stand to each other precisely in the same relation as ..... j.1. i should like to have some authority to guide me in deciding this question, and it is strange, considering the multitude of partnership cases in the english reports, that no case upon the point appears to be forthcoming. the present application is made under section 32 of the ..... plaintiff might apply to have the plaint amended so as to make the late plaintiff a defendant. if the partnership account prayed for in the suit is to be complete, all the parties to the partnership have a right, and are under an obligation to appear. if the plaintiff is not made a party defendant .....

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Sep 13 1883 (PC)

Moothora Kant Shaw and ors. Vs. the India General Steam Navigation Co.

Court : Kolkata

Decided on : Sep-13-1883

Reported in : (1884)ILR10Cal166

..... l.r. i.a. sup. vol. 86 : 10 b.l.r. 312 a question arose whether the english law of partnership was applicable to partnership transactions in india before the indian contract act was passed. their lordships of the judicial committee held that 'in the absence of any law or well-established custom existing in ..... proceedings have been taken in this direction; but to my mind, quite independently of the proper construction to be put on section 1 of the indian contract act (ix of 1872), these facts afford ample indication of the intention of the legislature; indeed, they seem to me to negative any inferences to ..... on which it professes to be based. but in the present case the objects and reasons for introducing the bill which subsequently became the indian contract act so far as they relate to the law regarding carriers may safely be referred to as they are altogether in accordance with, and corroborated by ..... judge in the court below that the learned counsel who appeared for the defendants in support of his contention relied upon section 10 of the indian railway act iv of 1879. he contended, on the strength of that section, that the responsibility of a carrier by a railway, who is undoubtedly a ..... board the defendants' flat delta at kaligunge for being carried to calcutta. there is no question that the defendants are common carriers under the indian carriers act iii of 1865. the learned judge in the court below has found that the drums of jute in question were entrusted by the plaintiffs to .....

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Mar 03 1883 (FN)

Medsker Vs. Bonebrake

Court : US Supreme Court

Decided on : Mar-03-1883

..... . at the time of these transfers, the land belonged to john r. medsker in fee simple." "on the 1st day of december, 1876, one poe, with whom medsker was in partnership in the hardware business, filed his petition (voluntary) in bankruptcy alleging that medsker would not join him and making him a party, praying that he be adjudged a bankrupt." "on ..... of the same month, conveyed it to mrs. medsker, the consideration in each deed being recited as $8,000. on december 1, 1876, one poe, with whom medsker was in partnership in the hardware business, filed his petition in bankruptcy, alleging that medsker would not join him, and making him a party, and praying that he be adjudged a bankrupt. on ..... not join him, and praying to have him declared a bankrupt. held that this, as to the other partner, is a case of involuntary bankruptcy within the meaning of the act of june 22, 1874, c. 130, 10, 18 stat. 180. 4. on a reference in equity to a master, the findings of the master are prima facie correct. only such ..... conveyances by an insolvent could be assailed as void under the bankrupt law were four and six months, and all its allegations seemed aimed at such acts as would be unassailable after those periods. but the act of 1874 has shortened these periods to four and two months in cases of involuntary bankruptcy. 18 stat. 180, c. 390, 10. we do not .....

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Apr 02 1883 (FN)

Manhattan Medicine Co. Vs. Wood

Court : US Supreme Court

Decided on : Apr-02-1883

..... carried on by the crocketts was transferred to this company, which carried on business at newark, in america, as a chartered company, and at west ham, in england, as a partnership. in 1856, one dodge took out a patent in england for tanning leather cloth and transferred it to this company. in 1857, the complainant company was incorporated, and the international ..... to indicate, by its meaning or association, the origin or ownership of the article, it would seem that when a right to its use is transferred to others, either by act of the original manufacturer or by operation of law, the fact of transfer should be stated in connection with its use; otherwise a deception would be practiced upon the public .....

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Sep 04 1883 (PC)

In Re: the Fleming Spinning and Weaving Company (Limited) in Liquidati ...

Court : Mumbai

Decided on : Sep-04-1883

Reported in : (1883)ILR7Bom494

..... to him the shareholder so dissenting is bound to look; the liquidator to him represents the company, that is, he represents the private interests of the remaining shareholders in the partnership. he fills no public capacity, and represents no public interests; he merely represents the private interests of individuals more or less numerous, filling that character his duties are laid ..... careful not to clog the interpretation and application of these enactments with unnecessary refinements and technicalities which are not made imperative by the plain words of the act. those joint stock companies' acts, following previous acts, endeavour to embody in a convenient and comprehensive form, such rules as previous experience had proved to be convenient. this accounts for the general and ..... imposes on us the necessity of arriving at this conclusion. the first arbitration under the reference of the 12th october, 1878, was, we think, an arbitration under the act, in spite of the informalities attending it; but nevertheless we think the law has not forbidden a second arbitration. the right which that arbitration was to define in terras of ..... that all remedy is gone by the failure of the former arbitration proceedings? there is nothing peculiar in the objects and the intended operation of the arbitration clauses of the act. the ordinary principles apply to them. the reference to arbitration is to be like any other reference to arbitration, and the object plainly is to arrive, without litigation, .....

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