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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1901 Page 1 of about 7 results (0.084 seconds)

Aug 20 1901 (PC)

Ahinsa Bibi and ors. Vs. Abdul Kader Saheb and ors.

Court : Chennai

Decided on : Aug-20-1901

Reported in : (1902)ILR25Mad26

..... chanda mean will in no way affect the question of limitation. on the death of pacha mean in august 1890 there was a complete dissolution of the partnership (section 253, clause 10 of the indian contract act), for it is not alleged or proved that there was a contract to the contrary antecedent to such dissolution, the existence of which contract would have ..... the date of the dissolution of partnership. the bar by limitation is, however, saved by sections 7 and 8 of the limitation ..... at 5 per cent. at the option of those to whom such capital belongs.' lindley on 'partnership' 5th edition page 528; bhugwandas mitharam v. rivett-carnac l.r. 26 indap 32 : i.l.r. 23 bom. 544 and also section 241 of the indian contract act. as the rate of interest claimed is the ordinary 12 par cent., rate which is current among ..... conclusive reasons for holding that there was, in fact, such a partnership. it was dissolved by the death of chanda mean in august 1891. primd facie the present suit brought in 1898 for an account of the partnership would be barred by article 106 of schedule 2 of the indian limitation act, which requires such a suit to be brought within three years from .....

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Sep 20 1901 (PC)

Suthersanam Maistri Vs. Narasimhulu Maistri and anr.

Court : Chennai

Decided on : Sep-20-1901

Reported in : (1901)11MLJ353

..... the year 1894, therefore, the plaintiff ceased to be a member of the alleged partnership (vide section 253, clause 7 of the indian contract act), and in fact he retired from the partnership which had not been entered into for any fixed term (cl. 8 of section 253, indian contract act). it is therefore clear that the present suit viewing it as one for winding up ..... of the alleged partnership between the plaintiff and the 1st defendant and, that therefore the suit is not barred by article 106 of the indian limitation act. in support of this contention, he strongly relied upon the recent decision of the privy council in moung tha ..... be inferred from circumstances, e.g., a quarrel although no notice to dissolve may have been given (lindley on partnership, 5th edition, page 572). having regard to the above authorities and clauses 7 and 8 of section 253 of the indian contract act, it is impossible to accede to the contention of the learned advocate-general that there has yet been no dissolution ..... was equally entitled with his elder brother to the profits of the business. under these circumstances an agreement of partnership would be implied by law; and adverting to the principles of the law of estoppel embodied in section 115 of the indian evidence act which is the same as the english law, i may also add that it was the duty of the .....

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Sep 20 1901 (PC)

Sudarsanam Maistri Vs. Narasimhulu Maistei and anr.

Court : Chennai

Decided on : Sep-20-1901

Reported in : (1902)ILR25Mad149

..... the year 1894, therefore, the plaintiff ceased to be a member of the alleged partnership (vide section 253, clause 7 of the indian contract act), and in fact he retired from the partnership, which had not been entered into for any fixed term (clause 8 of section 253, indian contract act). it is therefore clear that the present suit, viewing it as one for winding up ..... of the alleged partnership between the plaintiff and the first defendant and that therefore the suit is not barred by article 106 of the indian limitation act. in support of this contention, he strongly relied upon the recent decision of the privy council in moung tha ..... be inferred from circumstances, e.g., a quarrel, although no notice to dissolve may have been given (lindley on 'partnership,' 5th edition, page 572). having regard to the above authorities and clauses 7 and 8 of section 253 of the indian contract act, it is impossible to accede to the contention of the learned advocate-general that there has yet been no dissolution ..... was equally entitled with his elder brother to the profits of the business. under these circumstances, an agreement of partnership would be implied by law; and adverting to the principles of the law of estoppel embodied in section 115 of the indian evidence act which is the same as the english law, i may also add that it was the duty of the .....

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Mar 20 1901 (PC)

Khadem HosseIn Vs. Emdad Hossein

Court : Kolkata

Decided on : Mar-20-1901

..... final decree, the propriety of such orders, if they are not appealed against separately within a certain time.26. in suits for partition, administration, dissolution of partnership, etc., the declaratory orders are made in the first instance with the object of forming a basis for further proceeding. such orders are by no means of ..... shares in a suit for partition by metes and bounds and also against an order declaring that certain parties are parties in a suit for dissolution of partnership on an account before the actual decree in the suit has been passed.10. there was much uncertainty in this respect, but the matter has at ..... , was a suit for partition, and, therefore, on all-fours with the case now before us. the second case was a suit for dissolution of partnership and an account, in which the court of first instance overruled the objection of one of the defendants and found that the plaintiff was a partner and entered ..... have also finally set this matter at rest by their judgments in more than one reported case. these cases, it may be observed, commence from 7 moore's indian appeal cases, page 283, decided in 1859, the last case on the subject being reported in l. r. 22 i. a 1 (s.c.), i l ..... 215 declares that the court, before making its decree, may pass an order fixing the day on which the partnership shall stand dissolved and directing such accounts to be taken and other acts to be done as it thinks fit. now it would be impossible for a court to declare accounts to be taken, unless .....

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May 13 1901 (FN)

Lockhart Vs. Johnson

Court : US Supreme Court

Decided on : May-13-1901

..... defendant charles pilkey on or about may 7, 1893, entered into an agreement at albuquerque, new mexico, by which they agreed to form a partnership for the purpose of discovering, locating, and operating mining claims, pilkey agreeing to prospect and locate such veins and lodes and placers as he ..... finally determine upon the report and recommendation of the surveyor general whether the claim was valid or invalid, the proceedings were pending until congress acted, and while they were pending, the question of the title of the petitioner could not be contested in the ordinary courts of justice. this ..... . the defendant claimed title under a new madrid certificate permitting location upon the public lands which had been authorized to be sold under an act of congress approved february 15, 1811, by which the president was authorized to sell public lands in the territory of louisiana with a proviso ..... the mexican and spanish grants were placed in a state of reservation for the ascertainment of the rights claimed under said grants, and that the act of march 3, 1891, continued that reservation in force, and that it would remain so until final action is taken on the respective ..... particular lands have been withdrawn from sale by congressional authority, or by an executive withdrawal under such authority, either express or implied. under the act establishing the court of private land claims, public lands belonging to the united states, though within the claimed limits of a mexican grant, became .....

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Jun 03 1901 (PC)

Neel Comul Mookerjee and ors. Vs. Bipro Dass Mookerjee and anr.

Court : Kolkata

Decided on : Jun-03-1901

Reported in : (1901)ILR28Cal597

..... the firm of neel comul mookerjee into neel comul mookerjee and son, the guarantee given by the defendant no. 2 would be revoked by virtue of section 260 of the indian contract act. if, on the other hand, the bond is treated as given to neel comul mookerjee personally, then a difficulty lies in the plaintiffs' way in showing that there has ..... harington, j.1. this is a suit in which neel comul mookerjee, naro nath mukerjee and golab roy poddar who carry on business in co-partnership as merchants under the style and firm of n. mookerjee and son, sue one bipro dass mookerjee and rakhal dass mookerjee on a bond executed by these two defendants, the ..... at any time hereafter happen, or he may sustain, incur or be put to, for, or by reason or in consequence of any negligence, refusal of duty or of any act, permission, wilful or otherwise, or omission, or commission mismanagement, or otherwise, howsoever, of the said bipro dass mookerjee in the discharge of his duties as such cash-keeper as aforesaid .....

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Jun 13 1901 (PC)

Kong Yee Lone and Co. Vs. Lowjee Nanjee

Court : Kolkata

Decided on : Jun-13-1901

Reported in : (1902)ILR29Cal461

..... specified.7. the defendants' mill is a small one, capable, as the plaintiff t states, of putting out 30,000 bags in a month. their partnership capital too is small, being fixed by their deed at a trifle more than a lac of rupees.8. in the year 1899 by 14 contracts ranging ..... plaintiff's suit is that the consideration for which the promissory notes were given was a gambling transaction. the law applicable to the case is the indian contract act, which enacts as follows:30. agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won ..... delivery of goods.14. their lordships hold that the consideration of the notes sited on was a number of wagering contracts within the meaning of the indian contract act. they will humbly advise his majesty so to declare, and reversing the decree below to dismiss the suit with costs. the plaintiff must also pay ..... there is a difference between the expression 'gaming and wagering' used in the english statute and in the earlier indian act, xxi of 1848, and the expression 'by way of wager' used in the present indian act. their lordships are unable to perceive the distinction. two parties may enter into a formal contract for the sale ..... by defendants from plaintiff, i.e., 258,000 bags, none at all were delivered. those were re-sales for differences. on the 28th june whoever acted for defendants began a very heavy speculation. on that day defendants sold to the plaintiff 30,000 bags, on the 5th july 30,000, on the .....

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