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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1900 Page 1 of about 7 results (0.102 seconds)

Apr 30 1900 (PC)

N.A. Subrahmania Aiyar Vs. Queen Empress

Court : Chennai

Decided on : Apr-30-1900

Reported in : (1900)10MLJ147

..... be charged separately? it appears to me that as there may be one instigation to commit several criminal acts, so there may be one conspiracy to do such acts--an engagement in a criminal partnership--and that is what the first count charges. the count goes on to aver in conformity with the requirements ..... could not be treated as being jointly tried with b, and his confession, therefore, was not admissible as against b under section 30 of the indian evidence act. in regina, v. kalu patil it was held by the bombay high court that a prisoner who pleads guilty at the trial and is conviated ..... that conspiracy they received certain sums and that they thereby committed offences under sections 109 and 384 and 109 and 161 of the indian penal code. if the acts abetted, i.e., acts of extor-' tion and bribe-taking were, not committed in pursuance of the conspiracy and nothing more followed than in the innocent ..... set forth as proofs of that conspiracy. excepting the offence of conspiracy to wage war against the queen, punishable under section 121 a of the indian penal code, there is no other offence of conspiracy as such under the penal law of india. there is of course the offence of abetment by ..... an unlawful thing or to do a lawful thing by unlawful means amounts, in itself, to a criminal offence.11. the only provision in the indian penal code which makes the mere combining or conspiring without more, a criminal offence is contained in section 121a which provides:whoever within or without british .....

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Jan 08 1900 (PC)

Queen-empress Vs. Khetter Mohun Chowdhry and ors.

Court : Kolkata

Decided on : Jan-08-1900

Reported in : (1900)ILR27Cal324

..... evidence. we have no doubt that the term person' in section 61, as well as in section 64, includes the members of a trading partnership [see the general clauses act (x of 1897), section 3, clause 391; nor can it, we think, be questioned that the partners in the firm of nobin chunder ..... question of knowledge, but as to this he has arrived at no finding. but however this may be, the inquiry whether the members of the partnership were present in calcutta or absent when the letters were written is, in our opinion, immaterial, their liability depending, not on whether they were present ..... chief presidency magistrate of calcutta under section 432 of the code of criminal procedure, and arising out of a prosecution under sections 61 and 64 of the indian stamp act of 1879.2. the persons accused are (1) khetter mohun chowdhry; (2) 'the members of the firm of nobin chunder coondoo & co.,' namely ..... theirs, though the hand which actually wrote the letters was that of the first accused; and having regard to the general scope and intention of the act, we do not think, as we have already indicated, that the knowledge of these accused enters as an element into the offence with which they ..... acknowledgment or refusal to give the receipt.10. to revert to the case of the first accused, he is charged, under section 61 of the act, with having signed the letters of acknowledgment, which were unquestionably chargeable with duty, without their being duly stamped, and under section 64 with having refused .....

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Feb 26 1900 (FN)

Baltimore and Ohio S.W. Ry. Co. Vs. Voigt

Court : US Supreme Court

Decided on : Feb-26-1900

..... essence the express business is one that requires the participation of both the companies on terms agreed upon in special contracts, thus creating, to a certain extent, a sort of partnership relation between them in carrying on a common carrier business. we are not furnished in this record with an entire copy of page 176 u. s. 512 the contract between ..... court of appeals of the seventh circuit, citing coup v. railroad co., 56 mich. 111, and robertson v. old colony railroad, 156 mass. 506, that the railroad company was not acting as a common carrier, and was not liable under the contract for injuries occasioned by negligent management of its trains. in its opinion, the court quoted the following passage from .....

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Mar 19 1900 (FN)

Waters-pierce Oil Co. Vs. Texas

Court : US Supreme Court

Decided on : Mar-19-1900

..... of the money and capital invested in the production of petroleum and its products, and in their shipment and sale. the parties to the agreement embraced three classes: (1) certain partnerships and corporations, of the number of eleven; (2) certain individuals, of the number of forty-four, who are enumerated, and (3) a portion of the stockholders and members of ..... are still executing it, and for such purpose have divided the markets of the united states in various subdivisions, and one of them is composed of southwestern missouri, arkansas, texas, indian territory, oklahoma territory, and a part of louisiana. that the means employed to effect the purpose of the agreement is to reduce prices below what is reasonable in order to ..... liable to prosecution for any violation of said sections about which he may testify fully and without reservation." "sec. 15. all laws or parts of laws in conflict with this act are hereby repealed." "sec. 16. whereas, the people of this state are without an adequate remedy against trusts, therefore an emergency and imperative public necessity exists requiring that the ..... selling, and transporting petroleum and its products, refined, illuminating, and lubricating oils, and that they intended to and did create, make, and effect a combination of their capital, skill, and acts for such purposes and for the following purposes, to-wit: "1st. to create and carry out restrictions in trade in petroleum and its products, refined, illuminating, and lubricating oil, in .....

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Apr 09 1900 (FN)

Great Southern Fire Proof Hotel Co. Vs. Jones

Court : US Supreme Court

Decided on : Apr-09-1900

..... . co. v. youngstown coke co., 86 f. 585, in which the circuit court of appeals for the sixth circuit, speaking by judge lurton, held that limited partnership associations organized under the pennsylvania statute were corporations within the jurisdictional requirement of diverse citizenship. for the reasons stated, we are unable to concur in the view taken by ..... xvi of that instrument, "shall be construed to include all joint-stock companies or associations having any of the powers or privileges of corporations not possessed by individuals or partnerships." const.pa. art. xvi, 13. the only effect of that clause is to place the joint-stock companies or associations referred to under the restrictions imposed by ..... business under the firm name and style of jones & laughlins, limited, which said association is a limited partnership association organized under an act of the general assembly of pennsylvania approved june 23d [2d], 1874, entitled 'an act authorizing the formation of partnership associations in which the capital subscribed shall alone be responsible for the debts of the association, except under certain ..... suggested, and without respect to the relation of the parties to it. a limited partnership, doing business under a firm name and organized under the act of the general assembly of pennsylvania approved june 2, 1874, entitled "an act authorizing the formation of partnership associations in which the capital subscribed shall alone be responsible for the debts of the association .....

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Apr 09 1900 (FN)

Forsyth Vs. Vehmeyer

Court : US Supreme Court

Decided on : Apr-09-1900

..... fraud, which may exist without bad faith. in that case, certain false and fraudulent misrepresentations of fact were made by one member of a partnership firm, by reason of which the debt was created, and it was held that it was a debt of that character which was not discharged under the ..... his discharge in bankruptcy." within this rule, as maintained by the court, there can be no doubt that the defendant below was not discharged under the bankrupt act. a representation as to a fact, made knowingly, falsely, and fraudulently, for the purpose of obtaining money from another, and by means of which such money ..... the pledgeor, and that it had not been incurred in a fiduciary capacity, so as to bar his discharge under the thirty-third section of the bankrupt act. many of the cases bearing upon the subject are cited by mr. justice bradley, who delivered the opinion of the court, and it is unnecessary ..... such as is set forth in the declaration, is exempt from the effect of a discharge in bankruptcy. the proper construction of the section of the act relating to such a discharge has been frequently before this court, and we regard the law upon the subject as quite well settled. there are many ..... judgment sued upon was recovered on a debt created by fraud, the defendant's discharge in bankruptcy was a bar to the maintenance of this action. the bankrupt act of 1867, 33, 14 stat. 517, 533, also rev.stat. section 5117, provided "that no debt created by the fraud or embezzlement of the bankrupt, .....

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Sep 11 1900 (PC)

Venkatalutchmi Ammal Vs. Srirungapatnam Srinivasamurthy

Court : Chennai

Decided on : Sep-11-1900

Reported in : (1901)11MLJ91

..... considered the place where it was made to be a matter perfectly indifferent. the suit was not one for a breach of any term of the partnership contract, but rather as appears what in english pleading would be called an action on an account stated, the statement of such account having taken ..... by extending the jurisdiction of the english courts against foreigners residing abroad who have in no way submitted to their jurisdiction.'20. so far as the indian authorities are concerned they certainly in my judgment, support the view that, whether the cause of action arises wholly within the local limits, or ..... that the taking out of the probate of the will in this court with the subsequent liability to account under section 98 of the probate and administration act of 1881 was such a submission; but, as is pointed out by mr. justice shephard, such obligation as was entailed by taking out the probate ..... being a british subject...shall... carry on business.'23. in girdhar damodar v. kassigar 17 b. 662, on a reference under the presidency small cause courts act, 1882, an exactly similar question of construction arose.24. sir charles sargent and mr. justice starling declined to follow the decision of scott, j., and ..... the court, or whether the cause of action arose on the formal repudiation by the 1st defendant of a trust which he had acknowledged and acted under, or on his committing a breach of trust in investing the proceeds of the policies in mortgage securities instead of in government of india .....

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