Court : Mumbai
Decided on : Feb-13-1895
Reported in : AIR1925Bom469
..... petitioner prays that the appointment of vithaldas damodar govindji as sole arbitrator under section 9 (b) of the indian arbitration act made by the respondents may be sot aside and that it may be declared that the power of appointing arbitrators under the partnership agreement having once been exercised by both the partners has been exhausted and that reference to vithaldas damodar govindji ..... dies or becomes incapable or refuses to act, but that where both the arbitrators refuse to act the arbitration comes to an end and that there is no power in the parties ..... damodar govindji.2. the whole argument as to the revocation of the appointment of vithaldas damodar govindji is based on section 9 of the indian arbitration act. it has been argued that that section applies only where one of the arbitrators ..... be revoked. in the alternative the petitioner asks that a fit and proper person nominated by the petitioner may be appointed as an arbitrator on petitioner's behalf to act along with the said vithaldas .....Tag this Judgment!
Court : Chennai
Decided on : Sep-05-1895
Reported in : (1896)ILR19Mad200
..... association is one falling within the latter part of section 4 of the indian companies act, which runs as follows:no company, association, or partnership consisting of more-than twenty persons shall be formed after the commencement of this act; for the purpose of carrying on any business (other than banking) ..... which, therefore, notwithstanding the doubt expressed by lindley, l.j., i think in the absence of any decisions on section 4 of the indian act i shall not be justified in declining to follow. having arrived at this conclusion i must also hold that the mortgage on which this suit ..... members thereof, unless it is registered as a company under this act, or is formed in pursuance of some other act or of letters patent.' now the madras hindu mutual benefit permanent fund, ..... money at intervals upon successive contracts, therefore the thornhill arms society carries on a 'business.' a society is not within section 4 of the companies act, 1862, unless its business has for its object the ' acquisition of gain.' but thornhill arms society lends money at interest; therefore it is ..... that has for its object the acquisition of gain by the company, association or partnership, or by the individual .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-17-1895
Reported in : (1895)ILR22Cal692
..... lower appellate court was wrong in holding that the . only form of suit open to the plaintiff was one for winding-up the partnership under section 265 of the contract act in the form prescribed in form 113 to schedule iv of the code of civil procedure.21. fourthly.-that the lower appellate court ..... into a suit of another and inconsistent character. but if the court amends the plaints in these suits and asserts for the plaintiff's that the partnership accounts have not been previously adjusted in contradiction to the present allegations in the plaints, and prays for an adjustment of accounts instead of for definite ..... meaning of the proviso to section 53. the suit still remains a suit for money, being the plaintiff's share of the profits of a dissolved partnership, and the taking of an account being only ancillary to the principal relief claimed, and being necessary only in the event of the court deciding that ..... adjustment of accounts with the consent of the parties?' the munsif's finding was that there had been an adjustment effected through the creditors of the partnership; that the plaintiffs had objected to such adjustment; and that it had not been signed by either of the partners.9. the accounts as adjusted by ..... as laid now can be entertained by any court. this view of the principle of law will be supported by the rulings reported in indian law reports, 7 calcutta, p. 428; indian law reports, 3 calcutta, pp. 353 and 785. on this view of the law i find that the present suits of the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-08-1895
..... certain corporations, companies, and associations, no matter how created or organized, at a higher rate than the incomes of individuals or partnerships derived from precisely similar property or business; in that it exempts from the operation of the act and from the burden of taxation numerous corporations, companies, and associations having similar property and carrying on similar business to those expressly ..... states according to their respective numbers, to 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. some decisions of this court have qualified or thrown doubts upon the exact meaning of the words "direct taxes." thus, in ..... to the whole number of white and other free citizens and inhabitants, including those bound to servitude for a term of years, and three-fifths of all other persons, except indians not taxed. 1 elliot 175, 176. on the ninth of july, the proposition that the legislature be authorized to regulate the number of representatives according to wealth and inhabitants ..... duties, imposts and excises shall be uniform throughout the united states." and the third clause thus: "to regulate commerce with foreign nations, and among the several states, and with the indian tribes." the fourth, fifth, and sixth clauses of section are as follows: "no capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-03-1895
..... of new york during the entire period mentioned in the complaint, and that in april, 1876, stewart died, and hilton and libbey formed a partnership to continue the business under the same firm name, and became the owners of all the property and rights of the old firm. the defendants ..... to the law of france. 1 c.p.d. 358. in view of the recent decisions in england, it is somewhat remarkable that, by the indian code of civil procedure of 1877, "no foreign judgment [which is defined as a judgment of 'a civil tribunal beyond the limits of british india ..... principle, supposed to be universally recognized, that the judicial department of every government, where such department exists, is the appropriate organ for construing the legislative acts of that government. thus, no court in the universe which professed to be governed by principle would, we presume, undertake to say that the ..... tacit consent of that state. . . . the express consent of a state to the application of foreign laws within its territory is given by acts passed by its legislative authority, or by treaties concluded with other states. its tacit consent is manifested by the decisions of its judicial and administrative authorities ..... where the rights of individuals are concerned. . . . the comity thus extended to other nations is no impeachment of sovereignty. it is the voluntary act of the nation by which it is offered, and is inadmissible when contrary to its policy, or prejudicial to its interests. but it contributes so largely .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-12-1895
Reported in : (1896)ILR23Cal283
..... 131-r.s., dated 23rd august 1883, submitting, for the decision of the board, a reference made by the collector of stamp revenue, calcutta, under section 45 of the indian stamp act (i of 1879) regarding the stamp duty chargeable on a conveyance executed on the 2nd july 1883 by one mr. j. h. doyle, of darjeeling, in respect of the ..... menglas tea estate i.l.r. 12 cal. 383. in that case this court said that where the transaction is in substance the sale of a share in a partnership, and the transfer of a share in the lease only forms part of the subject-matter of the sale, as being a part of the ..... , then the transaction should be regarded, not as a transfer of a lease, but as a sale of a share in a partnership, and the proper stamp is an ad valorem duty on the whole of the purchase-money.6. of these two cases the one which most nearly resembles the ..... should be levied on this document as comprising distinct matters. on the freehold property the stamp duty should be rs. 300 under article 21 of schedule i of the stamp act; but, in regard to the leasehold lands, the question arises, whether under article 60 (b) 2, the duty should be rs. 5 on the three properties together, or ..... of freehold lands and good-will and a transfer of interests secured by leases, and that it will be properly stamped under article 21 of schedule i of the stamp act with stamps of the value of rs. 1,485, that being the ad valorem duty on the conveyance of the freehold property, good-will, buildings and erections, and .....Tag this Judgment!