Skip to content


Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1888 Page 1 of about 6 results (0.064 seconds)

Jan 10 1888 (PC)

Cowasji Ruttonji Limboowalla Vs. Burjorji Rustomji Limboowalla and ors ...

Court : Mumbai

Decided on : Jan-10-1888

Reported in : (1888)ILR12Bom335

..... as the consideration of waiving all claims on the past accounts-to wit, the continuance of a one-anna share in the partnership. under section 92 of the indian evidence act i of 1872, i feel bound to exclude this oral agreement. it is not a purely collateral or additional agreement. it ..... on the evidence, there were negotiations, but nothing more. it is not proved to my satisfaction that the others consented to this new partnership, nor that burjorji had authority to act for all. if, then, burjorji alone consented, his consent would not bind the rest of the partners, especially jamsetji, whose interest ..... , are members of the firm. an exception to this rule might be found in india, as regards deceased partners' sons, in a strictly family partnership. but there is no sufficient evidence that this firm bore that hereditary character. sons of other partners had been admitted, but as working partners, and ..... and the others who appeared on his side, that the adjustment of the accounts, without further examination, was the real consideration for this alleged new partnership. the words in the plaint, 'as representing the estate of the said ruttonji', seem also to set up this case. the first question that ..... agreements: one that a lump sum should be taken in satisfaction of past claims, concerning which a written release was passed; another that a new partnership, consisting of a one-anna share, should be given to ruttonji's heirs, which separate agreement was not in writing. as regards the nature .....

Tag this Judgment!

Mar 19 1888 (FN)

Wall Vs. Bissell

Court : US Supreme Court

Decided on : Mar-19-1888

..... the widow and the surviving brother sold and conveyed real estate of which the two brothers had been tenants in common, and which was in fact partnership property, by deeds reciting that the brother in his own right, and the widow as trustee under the will, were seized of it in fee ..... the will, distinct from his office as executor. in the first place, the will, after naming abraham g. barnett executor and directing that he may act as such without giving bond or taking out letters testamentary, provides that "as executor, he shall have authority under this will to proceed, as if he ..... rights. page 125 u. s. 390 letters testamentary issued to an executor upon his qualifying according to law may relate back and legalize his previous tortious acts. 1 williams on executors 269; priest v. watkins, 2 hill 225. or an order of the court of probate appointing an executor may not ..... that the delay in taking out letters testamentary had been waived by the mutual arrangement of all parties interested, and it contained no intimation that the acts of an executor, who never took out letters testamentary, could affect the rights of any person interested in the estate who had not assented to ..... will as executor, had, without qualifying as such or taking out letters testamentary but with the consent of all the other heirs, devisees, and legatees, acted as executor and made distribution of the property. a subsequent order of the probate court, made without notice to him upon the application of one of those .....

Tag this Judgment!

Mar 19 1888 (FN)

The Telephone Cases

Court : US Supreme Court

Decided on : Mar-19-1888

..... operator, having charge of the middle division of the pennsylvania railroad and residing in harrisburg. from 1867 to the winter of 1881-82, he was a member of a partnership firm in that place which was engaged in "the manufacture of burglar alarms, electric hotel annunciators, and fine electric work for the government -- instruments for the signal bureau, ..... herein described," which is included in the claim, is undoubtedly one in which an electromagnet is employed, and constructed "substantially as set forth" in the specification. one acting on the variable resistance mode is not described further than to say that the vibration of the conducting wire in mercury or other liquid included in the circuit occasions undulations ..... in said bill mentioned and set forth. and this defendant charges that the contrary of all said allegations is true; that this defendant has done no unlawful or inequitable act in the premises; that it is not responsible for said alleged newspaper publications; that said drawbaugh's original invention was complete, successful, operative, and practically and successfully operated ..... diaphragms may be employed." "the vibrations thus imparted are transmitted through an electric circuit to the receiving station, in which circuit is included an electromagnet of ordinary construction, acting upon a diaphragm to which is attached a piece of soft iron, and which diaphragm is stretched across a receiving vocalizing chamber c , somewhat similar to the corresponding vocalizing .....

Tag this Judgment!

Apr 17 1888 (PC)

Kessowji Damodar Jairam Vs. Khimji Jairam

Court : Mumbai

Decided on : Apr-17-1888

Reported in : (1888)ILR12Bom507

..... it is a foreign country regulated by separate laws and by a separate administration of justice. the practical inconvenience of dealing with the case in this court is obvious. the partnership in question was conducted in zanzibar, and the immoveables are in cutch. the expense of the suit will be great, and assuming that the plaintiff obtains a decree, how is ..... sovereignty can extend its process beyond its own territorial limits to subject either persons or property to its judicial decisions.' extra territorium jus decenti impune non paretur. there is no indian decision in favour of jurisdiction where the defendant is a non-resident foreigner, and the cause of action arises wholly outside the jurisdiction. the english decisions are all against such ..... will operate to compel obedience to its orders and decrees. this rule is founded on international comity, and in the absence of express words it governs the general words of acts of parliament. * * * maxwell, (interpretation of statutes, ch. vi, p. 119) says: 'primarily, the legislation of a country is territorial,' and the presumption in the absence of express words is that ..... ? the jurisdiction of this high court is carefully defined and limited by statute. the letters patent were issued in pursuance of powers given by 24 & 25 vic. c. 104 the act for establishing high courts of judicature in india, and those courts were to have all the jurisdiction in the presidency for which they were respectively established, that her majesty should .....

Tag this Judgment!

May 02 1888 (PC)

The Imperial Flour Mills Company Limited Vs. W.T. Lamb

Court : Mumbai

Decided on : May-02-1888

Reported in : (1888)ILR12Bom647

..... the decisions that in ordinary cases of an application for shares there is no agreement in the absence of allotment and notice of it to the applicant: see lindley on partnership (4th ed.), p. 100 and p. 1372; buckley on companies (5th ed.), p. 54; pellatt's case l.r., 2 ch. 527. in the present case, ..... company or its subscribers in such an important matter as the application for and acceptance of shares-howard's case l.r., ch., 561 . the directors did not act as a board, nor was the consent of a quorum obtained.4. but it is not necessary to rest my decision on the irregularity and want of authority. ..... girdharlal dalpatram i.l.r., 5 bom., 425 westropp, c.j., and melvill, j., decided that the memorandum to be signed under the corresponding section of the earlier companies act must be the registered memorandum of association. this decision was a confirmation of an earlier decision on this point in a nandji visram v. the nariad s. & w. ..... him from all liability to the company.2. the question turns entirely upon the interpretation of the section i have already mentioned, viz. section 45 of the companies act vi of 1882, which defines the persons who are to be considered to be members of a company. there are two methods by which a person can become ..... scott, j.1. this case turns upon the construction of section 45 of the indian companies act vi of 1882. mr. lamb, on the 13th april, 1886, signed a printed copy of the proposed memorandum of association of a projected company, which on the 3rd .....

Tag this Judgment!

Dec 17 1888 (FN)

Callaghan Vs. Myers

Court : US Supreme Court

Decided on : Dec-17-1888

..... of about $12,000 a year during the period in controversy. these amounts were drawn by the page 128 u. s. 664 defendants under the partnership agreement, as family and personal expenses. we do not think that the value of the time of an infringer, or the expense of the living ..... and a part of the cases decided at the november term, 1863 --" "the right whereof they claim as proprietors, in conformity with an act of congress entitled 'an act to amend the several acts respecting copyrights.'" "wm. h. bradley, clerk " "northern district of illinois ss:" "i, william h. bradley, clerk of the district ..... the court did not consider the point whether reports of the decisions of the court, published by a reporter appointed under the authority of an act of congress, were within the provisions of the law for the protection of copyrights. when the suit was brought, mr. wheaton had published the ..... made in the original suit and admitting that he claimed that the volumes in the possession of callaghan & co. became forfeited to him under the act of congress, and alleging that the interlocutory decree did not provide for a discovery or an accounting, and that he was not seeking any discovery from ..... the index into appropriate condensed titles, involving the distribution of the subjects of the various headnotes, and cross-references. the three conditions prescribed by the copyright act of february 3, 1831, c. 16, 4 stat. 436 -- namely the deposit before publication of the printed copy of the title of the book .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //