Court : Kolkata
Decided on : Jul-02-1890
Reported in : (1890)ILR17Cal786
..... there is nothing to suggest that this reserve is larger than sound principles of management require.3. in order to bring a company, association, or partnership within the section in question, first, it must be formed for the purpose of carrying on a business; secondly, that business must have for ..... , or partnership, or by the individual members thereof, within the meaning of section 4 of the indian companies act, 1882.' if it does fall within that description, then the companies act requires that it should be registered as a company under that act, unless formed under some other act of parliament, or of the indian legislature, ..... one which we propose to answer, is: 'whether the subscribers to the general family pension fund are a company, association, or partnership formed for the purpose of carrying on business, other than that of banking, that has for its object the acquisition of gain by the company, ..... cases have been decided with regard to societies of a like character under the subsequent companies act, 25 and 26 viet., c. 82, section 4, the words of which are the same as those of the indian act, and apply to profits whether acquired by the company or by its members; wingfield v. ..... naturally, and indeed necessarily, involves the acquisition of gain, and that, as people must be taken to contemplate the ordinary consequences of their own acts, the acquisition of gain must be held to be among the objects of the association.5. the sources of gain suggested were these: forfeitures .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-30-1890
Reported in : (1891)ILR18Cal86
..... did, was not actually a partner in the firm at the death of his father. it would appear from this, therefore, that whether the members of the partnership firm were, or were not, members of a mitakshara family, the firm was carried on as the creature, not of birth and relationship, but of contract, ..... chief judge of the small cause court in the opinion expressed by him that it has always been held in calcutta, since section 45 of the indian contract act came into force, that the representatives of a deceased partner must always be made parties to suits as plaintiffs with the surviving partner or partners.2. ..... chief judge, was cited.3. it is possible that, in some other partnership case, a question might arise as to the applicability of section 45 and of section 4 of the succession certificate act; that is to say, the case of a family partnership under the mitakshara law. it is not necessary to express any opinion, ..... which would necessarily be more or less speculative, as to the effect of the statutory law upon such partnerships, when we observe that, in the present ..... any question of this nature, we answer the reference by saying that the representatives of the deceased nursing doss must be appointed under the act vii of 1889, and must be made parties to the suit in order that the suit may be properly constituted. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-20-1890
..... a receiver appointed by them, could enjoin a person within the jurisdiction of the court from interfering in respect to property belonging to an insolvent co-partnership for which the receiver had been appointed, although that property was outside of the jurisdiction, and chafee v. quidnick co., 13 r.i. 442; ..... , or with each other. the law did not take this insolvent's property for distribution among his creditors, but its distribution was his own act. any one of his creditors could, notwithstanding the assignment, enforce his claim against any property of the assignor not conveyed by the assignment without ..... and binding, the massachusetts creditors would obtain a right superior to that conferred under the massachusetts laws on the assignees in insolvency, by the act of such creditors, in defeat of the operation of the laws of their own state, so that a proceeding in equity might properly be ..... was remarked on, and the provisions of the statute intended to secure that end recapitulated. the inevitable conclusion was announced that, as the act of the defendants in causing the property of the insolvent debtors to be attached in a foreign jurisdiction tended directly to defeat the operation of ..... tended directly to defeat the operation of the insolvent law in its most essential features, and it is not easy to understand why such acts could not be restrained within the practice to which we have referred. but for the attachment suits, the assignees in insolvency could have collected .....Tag this Judgment!