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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1885 Page 1 of about 7 results (0.061 seconds)

Jul 24 1885 (PC)

Bachubai and L.A. Watkins Vs. Shamji Jadowji

Court : Mumbai

Decided on : Jul-24-1885

Reported in : (1885)ILR9Bom536

..... . what, then, was the effect of hormasji's death upon the partnership? section 253, clause 9 of the indian contract act provides that the result, in the absence of any contract to the contrary, is to dissolve the partnership, whether entered into for a fixed time or not. it was contended ..... profits of which, therefore, the estate of the deceased partner was entitled to participate. such contracts are, in their nature, assets of a partnership. but here there was simply a contract determinable at any time by the company, the profits of which would be derived entirely by the ..... , (the 11th), provided that, in the event of a vacancy occurring in the partnership within that period by the death or by the retirement of any partner, such partner should have a right or nominating a successor. by ..... , viz., vunmalidaass jiva, jagjivan hemji, and the defendant, shamji jadowji, who were to divide the profits between them according to the terms of the partnership agreement, which by one clause, (the 4th), provided that the agency to the company was to be obtained for thirty years, and by another clause ..... for the plaintiff that such a contract, although not found in express terms, must be implied in this case. it was argued that the object of the partnership .....

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Jan 29 1885 (PC)

Jairam Narronji Vs. Kuverbai and ors.

Court : Mumbai

Decided on : Jan-29-1885

Reported in : (1885)ILR9Bom491

..... question was as to what interest should be allowed on certain accounts between samuel hough and john spencer, who when residing in bombay in 1755 entered into partnership as marchants there, and afterwards became involved in pecuniary 'difficulties. lord thurlow said: 'the question now is merely upon the interest. spencer's representative ..... partners to continue to hold money, unless they chose to retain the moneys belonging to his estate. he does no contemplate his share in the partnership continuing after his death.40. in clause 16 he says: 'should my decease take place, then as to my business which is carried on in ..... or brothers, the owner or owners of his half share in the two houses. i think it is quite clear, as well under the indian succession act and hindu wills act as under the principles of construction which i ought to apply in construing these 'limitations, that, under clause 2 of the will, 'vullubdass ..... took the whole absolutely; and on his death, in 1877, his interest was transmitted to his widow, the defendant, yulivahu.28. section 93 of the indian succession act, x of 1865, which applies here, enacts that 'if a legacy be given to two persons jointly, and one of them die before the testator, ..... to such will, so far as relates to the testator's half share of the house in the kalbadevi road.16. the portions of the indian succession act, x of 1865, applicable to the construction of the limitations of the half share of that house, are mainly founded on decisions in the courts .....

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May 04 1885 (FN)

Philippi Vs. Phillippe

Court : US Supreme Court

Decided on : May-04-1885

..... that the present suit was not brought for more than twenty-three years after the claim of title to the alleged trust and partnership property was thus set up by the acts of antonio and after an acquiescence therein of angelo during the residue of his life, a period of eighteen years. the longest ..... philippe, from and even prior to the year 1856, claimed as his own all the property which the bill alleged had been originally bought with trust or partnership funds, and that the knowledge of this claim was brought home to angelo m. philippi. when the latter returned to mobile, in 1856, he found antonio ..... angela f. philippi, the administratrix, the one-half of all the gains and profits of the partnership, with interest, and to deliver to the plaintiff and to the defendants, heirs at law of angelo m. philippi, all the real estate purchased by him ..... brothers and sisters of the plaintiff, children and heirs of angelo m. phillippi, were made defendants to the bill. the prayer was for a settlement of the partnership and an account of its property, profits, and gains and for a settlement of the trust, and that antonio philippe might be decreed to pay over to ..... of may 5, 1847, and march 7, 1848, or repudiate the trusts therein acknowledged, but promised to render a true and just account of the partnership and trust affairs to angelo and to make a final settlement of the same, but he delayed doing so from time to time, and never made said .....

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Dodge Vs. Woolsey

Court : US Supreme Court

Decided on : Jan-01-1885

..... certain officers were allowed to maintain actions for their salaries due by the company. in this respect, the cases of incorporated companies are entirely dissimilar from those of ordinary co-partnerships, or unincorporated joint stock companies. in the former, the individual members of the company are entirely distinct from the artificial body endowed with corporate powers. a member of a ..... the company in purchasing and extinguishing the indian claim of title to the land, surveying, locating, and making partition, and all other necessary expenses of said company, power is hereby vested in the said directors, and their ..... to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding indians not taxed, three fifths of all other persons." we will suppose that congress shall again impose a direct tax, and that a citizen liable to assessment should dispute its ..... 1803, incorporating the proprietors of the half-million of acres of land south of lake erie called the "sufferers' land." this act required the appointment of directors, who were authorized to extinguish the indian title, to survey the land into townships, or otherwise make partition among the owners; and, among other things provided, "that, to defray all necessary expenses of .....

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Jan 05 1885 (FN)

Head Vs. Amoskeag Mfg. Co.

Court : US Supreme Court

Decided on : Jan-05-1885

..... be sold and the proceeds distributed among them. the seneca, 18 am.jur. 486; s.c. 3 wall. jr. 395. see also story on partnership 439; the nelly schneider, 3 p.d. 152. but none of the cases thus put by way of illustration so strongly calls for the interposition of ..... , therefore, independently of any weight due to the opinions of the courts of new hampshire and other states maintaining the validity of general mill acts as taking private property for public use, in the strict constitutional meaning of that phrase, the statute under which the amoskeag manufacturing company has flowed ..... either in a gross sum or by way of annual damages, adequate compensation for the injury. this view of the principle upon which general mill acts rest has been fully and clearly expounded in the judgments delivered by chief justice shaw in the supreme judicial court of massachusetts. in delivering the ..... provisions of the bill of rights, on which the plaintiff in error relied in the court below, were exactly alike in the two constitutions. special acts authorizing the flowing of lands upon the payment of damages were passed afterwards from time to time; among others, the statute of july 8, 1862 ..... , kentucky, and many of the western states, the statutes are equally comprehensive. it has been held in many cases of high authority that special acts of incorporation granted by the legislature for the establishment of dams to increase and improve the water power of rivers and navigable waters for mechanical and .....

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Jan 16 1885 (PC)

The New Fleming Spinning and Weaving Company Limited Vs. Kessowji Naik ...

Court : Mumbai

Decided on : Jan-16-1885

Reported in : (1885)ILR9Bom373

..... suit would be barred, the amendment would be refused. bat if the amendment is once admitted, i think it follows, from a fair interpretation of the indian act, that limitation must only count from the institution of the suit. moreover, in the present case, the negligence, in respect of the unallotted shares, is ..... management of a company's concerns, from those who are entrusted with its direction, as can now be obtained from the members of an ordinary partnership.15. it was argued that the pecuniary liability of directors ought not to extend to mere consequences of negligence where they have not themselves benefited improperly ..... nursey kessowji's mane was only used.' in another part of the same examination, he said, as regards his large opium dealings in partnership with dhurrumsey punjabhoy, which were entered as the transactions of nursey kessowji & co. in the firm's books, nursey kessowji & co. had no interest in ..... 26. lord romilly says l.r. eq, 11:' directors are responsible as trustees for the employment of funds. in section 88 of the indian trusts act, no. ii of 1877, directors are placed in a list of persons bound in a fiduciary character to protect the interests of others. and the specific ..... the 'partnership; it was mine and dhurrumsey' punjabhoy's. they got 410 commission or reward for keeping the accounts of the partnership in the books. they used to do my business, and i used to do their business.' he .....

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Sep 08 1885 (PC)

V.H. Lopez Vs. E.J. Lopez

Court : Kolkata

Decided on : Sep-08-1885

Reported in : (1885)ILR12Cal706

..... '; and section 8 empowers those courts to take cognisance of 'all suits and complaints respecting the succession or right to real or personal property, land-rents, revenues, debts, accounts, contracts, partnerships, marriage, caste, claims to damages for injuries and generally of all suits of a civil nature in which the defendant may come within any of the description of persons mentioned ..... , in extending the matrimonial jurisdiction over new persons, it was not intended to alter the matrimonial law by which those persons were governed.13. the next act is one of the indian legislature, act xxv of 1864. that act dealt exhaustively with the modes in which christian marriages could take place. these were : marriages before a registrar, under 14 and 15 vict. c. 40 ..... marriage between a man and his deceased wife's sister, celebrated in calcutta in the year 1877, is liable to be declared null and void, under section 19 of the indian divorce act, on the ground that the parties are within the prohibited degrees, both parties being domiciled in british india and resident in calcutta, and both being roman catholics. it is ..... section 6 to make a declaration that there was no impediment of kindred or affinity. this is the first express reference to impediments of kindred or affinity in connection with indian marriages, and the first mention of the english law in connection with christian marriages, between any but british 11:42 am 12/26/200711:42 am 12/26/2007subjects in .....

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