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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1908 Page 1 of about 9 results (0.064 seconds)

Mar 10 1908 (PC)

Niaz Ahmad Vs. Abdul Hamid

Court : Allahabad

Decided on : Mar-10-1908

Reported in : (1908)ILR30All279

..... is in regard to property which, according to the statements in paragraph 1 of the plaint and the evidence of the plaintiff, was partnership property as defined in section 253 of the contract act. the plaintiff stated that he was in possession of this property and asked for a partition. in his plaint and in his evidence ..... plaintiff would not have been entitled to the relief he asked for without an account and a finding as to his share of the profits of the partnership, we hold that his present suit is barred.2. this is our reply to the reference. in our opinion the respondent is entitled to his costs ..... question is: 'is the present suit barred under article 106 of the second schedule of the limitation act (xv of 1877)?' although the suit is not in terms a suit for a share of profits of a dissolved partnership, it is found by the courts. below that the partner-hip was dissolved upwards of three ..... for a declaration that the property in question was partnership property, and further asked to be put in possession of one-half of it. in that plaint he referred to the existence of other ..... , we reply as follows:in the suit filed in moradabad, the plaintiff came into court alleging a partnership between himself and the defendant. he asserted that certain property had been acquired by the defendant out of the partnership funds, and that it had been dishonestly entered by the defendant in his own name. he asked .....

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Nov 11 1908 (PC)

T. Sami Aiyangar Vs. V. Srinivasa Aiyangar and ors.

Court : Chennai

Decided on : Nov-11-1908

Reported in : 4Ind.Cas.618

..... any male person to take his share in the partnership at his decease and that every such person should become and be accepted as a partner in respect of his share whom he should so present was held imported into ..... was held that a provision that on the decease of one of the partners the surviving partner should pay his executors a certain sum of money is inconsistent with a partnership at will. similarly in cuffe v. murtagh 17 ir. l.r. 411 it was decided that a provision that it should be competent to a partner to nominate and appoint ..... that, therefore, the partnership was entered into for a fixed term under the indian contract act. we are unable to agree with the lower court. in cox v ..... 1. in the deed of partnership itself there is no term expressly fixed for the duration of partnership, but the subordinate judge has held that as the deed contained a stipulation that after the plaintiff's death his nephew should act in his stead, the parties must be considered to have agreed to carry on the partnership during the life-time of the plaintiff, and .....

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Dec 10 1908 (PC)

Pulavarty Venkanna and anr. Vs. Jupudy Sarayya and ors.

Court : Chennai

Decided on : Dec-10-1908

Reported in : 4Ind.Cas.1097a

..... before us is: whether the plaintiff's claim is barred by limitation under article 106 of the indian limitation act. it is contended that even if there was no actual settlement in 1891 by which the partnership was dissolved yet the conduct of the parties shows that the plaintiffs were not treated as partners ..... my mind that that finding was not correct. certain it is that from that date the 2nd defendant excluded the plaintiffs and 1st defendant from partnership in the akkividu trade and the present suit is, therefore, barred by limitation. exhibit i can only be explained in the way that the 2nd ..... for an amendment of the plaint by withdrawing the claim for partition against the 1st defendant and converting the suit into one for dissolution of partnership against the 2nd and 3rd defendants. i am of opinion this prayer ought to be allowed in the circumstances of the case.21. the suit ..... . but i am of opinion that there is mis-joinder of. causes of action. the causes of action are clearly different. the dissolution of partnership with the 2nd defendant was unnecessary for the partition of family property, and the questions that arise for determination in a suit for dissolution are entirely ..... attached to them. if such statement is true, then the 2nd defendant is also entitled to kottapalli business. we are, therefore, of opinion that the partnership must be treated as having been put and end to in 1891, that the plaintiffs were not treated as partners subsequent to that date and, therefore .....

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Apr 13 1908 (PC)

The Bank of Bombay Vs. Raghunathji Tarachand

Court : Mumbai

Decided on : Apr-13-1908

Reported in : (1908)10BOMLR668

..... not the case of an ordinary partnership arising out of contract. it is the case of joint ownership in a trading business created through the operation of hindu law between the members of an undivided hindu ..... property. that law is not the english law of partnership bodily transferred from its own domain. as melvill j. pointed out in the case of samalbhai v. someshvar ilr (1889) 5 bom. 44. 'this is ..... that the source of the liability is that the credit of the firm is used and relied on.11. the firm in this case is not a partnership. the business is a part of the property of a joint hindu family, and the law to apply is the law properly applicable to joint hindu family ..... and immediately pawned them for his own benefit, the firm was held liable for the price of the goods. so, if one member of an ordinary trading partnership draws accepts or indorses a bill in the name of the firm, but for some private purpose of his own, and in fraud of his co-partners, ..... family. the rights and liabilities arising out of such a relation cannot be determined by exclusive reference to the indian contract act, but must be considered also with reference to the general rules of hindu law, which regulate the transaction of united families. 'but the law applicable to .....

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Apr 15 1908 (PC)

Daji Abaji Khare Vs. Govind Narayen Bapat

Court : Mumbai

Decided on : Apr-15-1908

Reported in : (1908)10BOMLR811

..... period in question. is there any reason why they should not, under the circumstances of the case, be considered as sufficient evidence of the partnership dealings and transactions from which an account can be framed.11. in the opinion of the commissioner it is quite impossible to frame an ..... whole account opened. defendant contended that the plaintiff should have liberty to surcharge and falsify but that this. should be limited to errors appearing on the partnership books. jessel m. r. said (at p. 537): ' the defendant asks us to limit the right to surcharge and falsify to errors appearing ..... incomeplete and unreliable. the defendants have filed exceptions to this report, and these have been fully argued before me on the merits.2. the partnership was originally founded in 1893 between 'digamber gopal, vishnu sakharam, and vishnu narayen to erect and work a ginning factory at balam takli in ..... had been prepared were incomplete and unreliable, consequently it was impossible to take full and accurate accounts of the dealings and transaction of the partnership which the order of reference required him to do and that further directions were necessary. the defendants filed exceptions to this-report which were ..... . 10, 11. the books from which raghunath made up the account were admitted in evidence before the commissioner under section 32 of the indian evidence act as having been kept in the ordinary course of business by persons deceased, and mr. binning argues that it is in the discretion of .....

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Apr 05 1908 (PC)

The Mylapore Hindu Permanent Fund Limited Vs. the Corporation of Madra ...

Court : Chennai

Decided on : Apr-05-1908

Reported in : (1908)18MLJ349

..... lexicon as the sum of money which a merchant, banker, or trader adventures in any undertaking or which he contributes to the common stock of a partnership, and also as the fund of a trading company or corporation. the ordinary and popular meaning seems to express the real intention of the legislature. ..... taxed.8. it is pointed out that the fund is a company limited by shares such as is contemplated by sections 8 and 45 of the indian companies act vi of 1882 and that in those sections capital is used in the sense of nominal capital. it is, therefore, argued that the word ..... tax of rs. 350 if their capital exceeds 18 lakhs but does not exceed 20 lakhs of rupees.5. the fund is registered under the indian companies act and has a declared nominal capital of rs. 29,99,976 divided into 357,168 shares of rs. 84 of each.6. these shares cannot ..... capital in schedule v used in regard to companies such as the fund must mean nominal capital. the indian companies act cannot, however, be properly resorted to to determine the meaning of words in the municipal act, for the two acts are not in part materia. (maxwell: interpretation of statutes, 4th edition, page 56). the word ..... principle seems to be that taxation should be roughly proportionate to the professional incomes of individuals and the profits of companies. section 123 of the act which lays down that a person who exercises more than one profession shall be chargeable under the class appropriate to his aggregate income, supports this view .....

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Apr 03 1908 (PC)

Rukhanbai Vs. Adamji Shaik Rajbhai

Court : Mumbai

Decided on : Apr-03-1908

Reported in : (1908)10BOMLR366

..... . 76 the latter case was decided in appeal by sir lawrence jenkins c.j. and starling j. there the suit was for dissolution of partnership and accounts. the suit was called on for hearing on the 24th february 1899 and by consent a decretal order was made referring it to ..... one obvious objection to that reasoning is that it does away at once with the necessity for all the special procedure prescribed in the indian arbitration act and chapter 37 of the civil procedure code. for if that principle be uniformly sound and accepted, parties submitting to arbitration would be under an implied ..... legislature that that procedure and no other was to be followed. to say that chapter 37 was not, before the passing of the indian arbitration act, an exhaustive exposition of the powers to refer to arbitration and that a reference to arbitration not made in accordance with its provisions might ..... would apply to any submission to arbitration which does not comply with the requirements either of chapter 37 of the civil procedure code or of the indian arbitration act ix of 1899. but it seems to me that where a special procedure is provided for extraordinary extra-judicial methods of settling disputed claims ..... seem to have approved of it. it is perhaps worth noting that the submission to arbitration in pragdas v. girdhardas was made before the indian arbitration act had come into force. i do not myself think that that circumstance materially affects what seems to me the fundamental principle of the decision .....

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Sep 01 1908 (PC)

Haji Bibi Vs. H.H. Sir Sultan Mahomed Shah, the Aga Khan and ors.

Court : Mumbai

Decided on : Sep-01-1908

Reported in : 2Ind.Cas.874

..... apparent from para. 6 of d. h. 2 the plaintiff's affidavit which she made on the application to prevent framji and dinshah acting as defendant no. 1's attorneys in partnership with payne & co. the entries of the 12th and 14th march 1902 d. h. 25, pages 21 and 22 show that coochick ..... arabia, especially under the comparatively tolerant rulers of omen, the khojas flourish, frequently having, in some form or another a claim to protection as british indian subjects. on the african coast they are found, in the same ports where vasco de gama found them as far south as mozambique. it is probable ..... it to be judicially proved that mahomed hussain, hooseini, otherwise aga khan,' or, as he is more formally styled when mentioned in official documents by the indian government ' his highness aga khan, mehelati,' is the hereditary chief and unrevealed [mam of the ismailis, the present or living holder of the musnud of ..... the said indenture of the 11th day of september 1901 as alleged in para. 39 of the plaint? section 90 of the probate and administration act does not apply--not giving up anything.52. whether the transaction evidence by the said indenture of the 11th day of september 1901 was a sham ..... of any particular rite promotes any particular religion, and benefits the members of the church or denomination, or body who profess it, the secular court must act upon evidence of the belief of the members of the community concerned. it can have no other guide upon that subject, per fitz gibben.' l.j .....

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Oct 08 1908 (PC)

Karri Venkatareddi Vs. Kollu Narasayya

Court : Chennai

Decided on : Oct-08-1908

Reported in : 1Ind.Cas.384

..... interfere, the defendant may immediately dissolve the partnership. but supposing him to do so, an injunction will not necessarily be futile inasmuch as, so long as it continues in force, the defendant is ..... , we think the following observations of lord justice lindley are applicable to the present case. he says in his book at p. 570:'where the partnership is determinable at will, there is, it is said, more difficulty in interfering if a dissolution is not sought; for, supposing the court to ..... a general account with a view to dissolution. even to the first and second rule exceptions have been admitted. for instance, an agreement of partnership will be specifically enforced by ordering the execution of certain formal instruments, if otherwise the injured partner would be deprived of his legal right. so ..... supervise and manage all such undertakings. the latter, as the active partner, would, in the first instance, receive all moneys payable to the partnership and it is provided in paragraph. 4 of the deed that whatever cheques and cash were received by him were to be immediately made over ..... . he also contends that there is no reason why the indian courts, which are not hampered by the technicalities of old english procedure should not, at the instance of one partner, compel the other partner to conform to the partnership articles or relieve the injured partner against a breach of such .....

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