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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1902 Page 1 of about 8 results (0.141 seconds)

Dec 03 1902 (PC)

Vadilal Lallubhai Vs. Shah Khushal Dalpatram and anr.

Court : Mumbai

Decided on : Dec-03-1902

Reported in : (1904)ILR27Bom102

..... therefore all his coparceners are his partners in that business, entitled with him. to its right and responsible with him for its liabilities. 'partnership' is defined in section 239 of the indian contract act, and we may further refer the joint judge to the observations of jessel, master of the rolls, in pooley v. driver (1876) ..... the right to receive profits, and the liability to share in lcases are the elements of partnership. these are all merely indicia which may help the joint judge in finding whether a partnership, as defined in the indian contract act, exists. in the present case there is nothing in the judgment of the joint judge from ..... thus (page 315): 'i take it the law is this, that participation in profits is not now conclusive evidence of the existence of a partnership, but it is one of the circumstances and a very strong one, which are to be taken into consideration for the purpose of seeing whether or not ..... a partnership exists, that is to bay, whether there was a joint business, or putting it in another way, whether the parties were carrying on the ..... 5 ch. d. 458 where he says a partnership ' is a contract of some kind undoubtedly-a contract like all contracts, involving the .....

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Feb 10 1902 (PC)

Mallikarjunadu Setti and Narayanamurti Ayyar Vs. Lingamurti Pantulu an ...

Court : Chennai

Decided on : Feb-10-1902

Reported in : (1902)ILR25Mad244

..... it is only when these amounts have been ascertained that a final decree can be passed and proceedings in execution can be instituted. as to suits for the dissolution of partnership, reference may be made to the judgment in thirukumaresan chetti v. subbaraya chetti i.l.r. 20 mad. 313 and to forms nos. 132 and 133 in the fourth schedule ..... to the suit prior to the passing of the operative decree.44. the same principle is followed in administration suits (section 213, civil procedure code) and in suits for the dissolution of partnership (section 215, civil procedure code) and for an account between principal and agent (section 215-a, civil procedure code), in all such cases the court is bound in the first instance to pass an ..... of great importance regarding which the several high courts have arrived at widely divergent conclusions. the principle underlying the procedure prescribed by law with respect to suits relating to mortgages, partnership and partition, appears to be that a suit remains pending until a final decree is made directing a party to pay a certain sum of money, to deliver possession of ..... pursuance of a prayer in the plaint [vide form no. 109, paragraph 3 (c), fourth schedule to the civil procedure code] --its execution will be governed by article 179 of the indian limitation act and the mortgagee will have to make a separate application under section 235, civil procedure code, for execution of this fresh or supplemental decree.35. with all deference, i am compelled to .....

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Mar 26 1902 (PC)

Periasami and ors. Vs. Krishna Ayyan and ors.

Court : Chennai

Decided on : Mar-26-1902

Reported in : (1902)ILR25Mad431

..... labour under some other disability--distinguish the said english statutes from section 7 of the indian limitation act, by pointing out that in the former the expression is 'if any person or persons, etc.,' whereas in the latter the expression is 'if a parson ..... . 519 on the proviso to the statute of james i and section 4 of 3 and 4 william iv, cap. 42, that section 7 of the indian limitation act applies only to cases in which either there is one decree-holder and he is a minor or in which all the joint decree-holders are minors or ..... .' with all respect to the learned judges who took part in the above decision, i must say, the phrase 'if a person' in the indian act is, by virtue of the general clauses act, the same as the expression 'if any person or persons' occurring in the english statute.21. this decision of the calcutta high court as well ..... ramana goundan i.l.r. 20 mad. 461 a release by one of several joint promises without the knowledge or concurrence of the others, will, under the indian law, bind such others, such a doctrine will not be applicable to the case of judgment-creditors in regard to whom the processual law as laid down in ..... i.l.r. 25 mad. 26 i had to consider the application of sections 7 and 8 of the limitation act to a suit for an account and a share of the profits of a dissolved partnership brought by the legal representatives of a deceased partner, one of whom was a minor at the time of the death .....

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Mar 26 1902 (PC)

Periasami and ors. Vs. Krishnaiyan and ors.

Court : Chennai

Decided on : Mar-26-1902

Reported in : (1902)12MLJ166

..... labour under some other disability--distinguish the said english statutes from section 7 of the indian limitation act, by pointing out that in the former the expression is of any person or persons &c.;,' whereas in the latter, the expression is 'if a person ..... . 519 on the proviso to the statute of james i, and section 4 of 3 and 4 william iv. clause 42, that section 7 of the indian limitation act applies only to cases in which either there is one decree-holder and he is a minor, or in which all the joint decree-holders are minors or ..... .;' with all respect to the learned judges who took part in the above decision, i must say, the phrase ' if a person' in the indian act is, by virtue of the general clauses act, the same as the expression 'if any person or persons,' occurring in the english statute.22. this decision of the calcutta high court as well ..... ramanna goundan i.l.r. 20 m. 461 a release by one of several joint promisees without the knowledge or concurrence of the others, will, under the indian law, bind such others, such a doctrine will not be applicable to the case of judgment-creditors in regard to whom the processual law as laid down in ..... i.l.r. 25 m. 26 i had to consider the application of sections 7 and 8 of the limitation act to a suit for an account and a share of the profits of a dissolved partnership brought by the legal representatives of a deceased partner, one of whom was a minor at the time of the death .....

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Apr 24 1902 (PC)

Kadir Mohideen Marakkayar Vs. Muthukrishna Aiyar and anr.

Court : Chennai

Decided on : Apr-24-1902

Reported in : (1902)12MLJ368

..... t the representative of a person deceased be made a party to a pending suit, and that principle is reproduced in section 38 of the (indian) probate and administration act. a person prosecuting or defending a suit as the legal representative of a deceased party will of course be accountable to others who like himself are ..... or for all of thorn, but was assessed for income derived by him individually or, it may be, in partnership with two strangers with whom he carried on trade. under section 30 of the income-tax act (ii of 1886) the collector may, in default of payment of the tax recover the amount as if it ..... due by mohamed moideen were revenue which accrued due in respect of the land forming his share in the mortgaged property, in which case under section 2 of act ii of 1864 the land, the buildings upon it, and its products form the security for the public revenue. we are clearly of opinion that section ..... alone could legally have been proceeded against for the recovery of the tax payable by him. in the present case the collector proceeded to recover the amount under act ii of 1864, as if it were an arrear of land revenue, and the sale can affect only the defaulter's property, i.e., his share ..... of the other heirs of kadir lavvai as they were not made parties to it, and that the sale of the mortgaged property under the revenue recovery act for realising arrears of income-tax will vest the same in the 2nd defendant, the purchaser, free of the mortgage encumbrance,, at any rate so far .....

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Oct 27 1902 (FN)

Robinson and Co. Vs. Belt

Court : US Supreme Court

Decided on : Oct-27-1902

..... for the benefit of creditors. the record is in an unsatisfactory condition. it is impossible to tell whether the plaintiffs are a corporation or a partnership, and, if the latter, who constitute the firm or against what individuals the judgment of the court was rendered. although the only right of the ..... as the arkansas statutes concerning assignments for the benefit of creditors and the statute of frauds were extended and put in force in the indian territory by the act of congress above cited, it becomes material to consider the decisions of the supreme court of that state with reference to the validity of ..... property of king, as assignee. a judgment was thereupon entered in his favor, which was subsequently affirmed, first, by the court of appeals for the indian territory, and then by the circuit court of appeals for the eighth circuit. whereupon a writ of error was sued out by robinson & co. from ..... his codefendant belt. the facts of the case are substantially as follows: one john c. belt, a resident of arkansas, who was engaged in business in the indian territory, on december 29, 1891, made an assignment for the benefit of his creditors to king, as assignee. on the following day, "j. m. ..... of error to a judgment of the circuit court of appeals for the eighth circuit affirming a judgment of the court of appeals of the indian territory, which latter court affirmed the judgment of the united states court for the northern district of such territory sustaining an interplea by one king .....

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Oct 27 1902 (FN)

Schwartz Vs. Duss

Court : US Supreme Court

Decided on : Oct-27-1902

..... that is to say:" " 1. to ask for, demand, and receive from each and every page 187 u. s. 31 bank or other incorporated company, partnership, or individual person or persons, the amount which may be due therefrom, in the way of principal, interest, or dividend to the said harmonie society, or to ..... it is for a court of equity to adjudge whether a condition of dissolution, or a condition requiring winding up, is, or is not, created by acts done or permitted. such being, in my opinion, the condition here, the trust property must go, as i have said, either to the surviving members ..... longer exist. moreover, the transactions by which seventeen members of the society, not old and infirm, but vigorous and capable, were bought out were in themselves acts of liquidation. it is idle to say that these payments were "donations" to withdrawing members. they were purchases in terms and in effect. they were ..... of substitution whenever he may think such revocation called for by the interests of the society." " 5. it is distinctly understood that in accepting and acting under this power the said george rapp disclaims all personal interest, other than that of a member of said society, in the present resources or future ..... control of its remaining assets in the hands of one man, and certain associates and confederates within and without the ranks of the society." that the acting and directing mind of the conspiracy was john s. duss, and he obtained his power as follows: in 1847, a plan of regulation and .....

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Dec 23 1902 (PC)

The Maharaja of Vizianagaram by His Guardian and Next Friend, F.W. Gil ...

Court : Chennai

Decided on : Dec-23-1902

Reported in : (1903)13MLJ83

..... , c.b. in radgers v. maw 15 m. & w. 444. in that case the plaintiff and the defendant were partners and they dissolved the partnership, the plaintiff agreeing to take all the debts of the firm upon himself and to release the defendant from liability and the defendant giving him a bond for ..... pleadings in the case. in respect of payments, if any, made subsequent to his death, the plaintiff will have the benefit of section 7 of the indian limitation act, though such payments were made more than three years before date of suit. parties will be at liberty to adduce fresh evidence on the new issue, ..... a suit a security by way of charge on immoveable property which the creditor had against the principal debtor, and which under section 141 of the indian contract act enures to the benefit of the surety, the period of limitation will only be three years for that remedy, and not the twelve years prescribed by ..... m. 56. the principle of the said decision of the privy council is that, according to the general scheme of the second schedule to the indian limitation act which in this matter differs from the scheme of the english statutes of limitation in respect of one and the same suit, the period of limitation ..... as the late lord justice cotton in falcke v. scot imp. insurance co. ; nor is it at all at variance with the transfer of property act of the indian legislature and with the policy of the government as disclosed in its legislative enactments, at any rate, such of them as are in force in this .....

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