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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1909 Page 1 of about 13 results (0.064 seconds)

Apr 22 1909 (PC)

The Administrator-general of Madras and anr. Vs. the Official Assignee ...

Court : Chennai

Decided on : Apr-22-1909

Reported in : 3Ind.Cas.163

..... means free from difficulty.2. the effect of the death of mr. macfadyean was to dissolve the partnership, indian contract act section, 253 (10). after the dissolution the rights and obligations of the partners continued in all things necessary for winding up the business of the partnership (section 263). mr. napier on behalf of the appellant did not contend that sir george arbuthnot, as ..... of realizing the estate the only course open to the official assignee (there being no provision in the indian insolvency act, which corresponds to section 125 of the english bankruptcy act, 1883) was to bring a suit against the administrator for the winding up of the partnership.3. i do not think it can be disputed that on the death of mr. macfadyean, it ..... out all questions of legal estate, there is, as between the surviving, partner and the representatives of the deceased partner, an overriding duty to wind up the partnership assets and to do such acts as are necessary for that purpose and if it is necessary for that winding up either to continue the business or borrow money or to sell assets, whether ..... that interest was subject to the obligation on the surviving partner to sell the partnership property to pay the partnerships' debts. it seems to me this obligation devolved upon the official assignee as an incident of the estate which vested in him under section 7 of the insolvency act.5. i think the case of frarer v. karshan 2 k.j. 496 in .....

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Jan 22 1909 (PC)

Raghunath Ji Tarachand Vs. the Bank of Bombay

Court : Mumbai

Decided on : Jan-22-1909

Reported in : 2Ind.Cas.173

..... appellant, not to apply this law to the facts of this case, because the law, so far as it has been applied to partnerships formed under the indian contract act or to partnerships falling within the english law, has its origin in mercantile usage, but no such usage was pleaded by the respondent bank and indeed it ..... yet for the reasons already given, i think that the liability of his share is a question to be determined by the law of partnership, and it is in the contract act that that law is contained.22. on these grounds i agree with the learned judge below that the minor's share is liable to ..... these facts the argument for the appellant is, shortly, this:the defendant firm is not a partnership in the legal sense of the term, because it consists of the members of a joint family, governed not by the indian contract act, but by the hindu law. those members were co-parceners, who carried on an ancestral ..... cited to show that in establishing the legal relations of a joint firm the courts treat it as a kind of partnership and apply the principles of that law. section 247 of the contract act appears to me to furnish distinct authority for this view, which so far as i can gather, is not in ..... have dealt in the earlier part of this judgment. it is unnecessary, therefore, to invoke the aid of either section 247 or any other provision of the indian contract act.17. for these reasons i am of opinion, that the conclusion of law arrived at by heaton, j., is correct. his decree, however, goes further .....

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Jan 29 1909 (PC)

Sheikh Kallu Vs. Ramsaran Bhagat

Court : Kolkata

Decided on : Jan-29-1909

Reported in : 1Ind.Cas.94

..... exceptions in favour of sales of good will and of partnership arrangements and exceptions 1 and 2 to section 27 of the indian contract act are taken with slight variations from them. it is obvious, therefore, that the framers of the indian contract act deliberately reproduced the provisions of section 833 of the new ..... taken by sir richard couch in the earlier case, and mr. justice handley in mackenzi v. striramiah (4), conceded that section 27 of the indian contract act had done away with the distinction observed in english cases between partial and total restraints of trade and made all contracts falling within the terms of ..... put upon the statute during many years past. in this view of the matter if we adopt the construction of section 27 of the indian contract act as first suggested by sir richard couch and subsequently affirmed in the cases to which we have referred, a construction which is consistent with ..... widest possible terms becomes obvious from an examination of the history of the legislation on the subject. as is well known, section 27 of the indian contract act was reproduced from section 833 of the draft civil code of the state of new york, which was in the following terms:5. section 833 ..... refer, we are of opinion that the agreement upon which the claim of the plaintiff is founded is void.4. section 27 of the indian contract act provides that every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that .....

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Mar 29 1909 (PC)

Bipul Chundra Gupta Vs. Hazi Nasib Ali Majumdar and ors.

Court : Kolkata

Decided on : Mar-29-1909

Reported in : 1Ind.Cas.655

..... business.8. on behalf of the defence it was contended that section 4 of the indian companies act 1882, was a bar to the suit as the partnership consisted of more than 20 persons and was not registered under the act.9. the first court gave a preliminary decree to the plaintiff against the defendants nos ..... 1, 2 and 3, but on appeal to the officiating district judge the plaintiff's suit was dismissed on the ground that the partnership was not registered under the companies act. the plaintiff now appeals to this court and the points urged on his behalf are (1) that the work was only for ..... by the learned pleader for the appellant in support of his contention that to bring the case within the scope of section 4 of the indian companies act all the members of the company or association must be directly interested in the management of the concern either personally or through their duly constituted ..... one season and not a continuing one and hence section 4 of the indian companies act has no application; (2) that section 4 indian companies act refers to business actually carried on by more than 20 persons, while in the present case under the agreement only one ..... above circumstances clearly show that the association carried on no business as an association and so did not come within the scope of the indian companies act. this being our view, we think that the learned officiating district judge was wrong in holding that the plaintiff's claim was barred by .....

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Mar 26 1909 (PC)

The Hitvardhak Cotton Mills Co., Limited Vs. Sorabji Dinshaw Karaka

Court : Mumbai

Decided on : Mar-26-1909

Reported in : 2Ind.Cas.432

order1. the transactions comprised in the document which, is the subject of this reference consist of a transfer of mortgage by s.d. karaka to the ahmedabad fine spinning and weaving co. and an agreement inter alia that the company shall lend money at the request of s.d. karaka for making improvements, additions and repairs to the building and machinery of the hitvardhak cotton mills up to an unascertained though ascertain-able amount and also such money as may be required for working the said mills.2. it has been argued on behalf of the revenue authorities that the agreement to lend money for repairs and improvements is a bond within the moaning of the indian stamp act 1899, section 2 (5) (b).3. by that clause it is provided that ' bond ' shall include any instrument attested by a witness and not payable to order or bearer whereby a person obliges himself to pay money to another.4. in our opinion an agreement to lend money does not create an obligation to pay money within the moaning of this clause. an agreement co lend money to a partnership is not capable of specific performance see sichel v. mosenthal (1862) 30 beav. 371; and it creates no debt though the breach of it may give rise to a claim for damages : see south african territories v. wallington (1898) a.c. 309.5. we hold that the document is only liable to duty as a transfer of mortgage and as an agreement, i.e. to rs. 5-8-0 in all.

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Jan 22 1909 (PC)

Shital Chandra Bairagee Vs. Manik Chandra Hazra and ors.

Court : Kolkata

Decided on : Jan-22-1909

Reported in : 1Ind.Cas.254

..... 4. it may be observed that the high courts of bombay, madras and allahabad have all decided that in the case of debts due to trading partnerships, in which it happens that one of the partners is dead, it is not necessary to join as plaintiff any representative of the deceased partner, moti ..... which we shall presently refer, we have come to the conclusion that the contention of the defendants ought not to prevail.3. section 45 of the indian contract act, which deals with the question of devolution, of joint rights provides that when a person has made a promise to two or more persons jointly, ..... in respect of the share of the plaintiff shital. it has been strenuously contended, on the other hand, that under section 45 of the indian contract act a suit to recover the debt can be maintained only jointly by the plaintiff and the representative of the deceased creditor and if the latter is ..... might have been different if there had been any statutory provision, applicable to the case, of the nature contemplated by section 188 of the bengal tenancy act which makes it obligatory upon all joint landlords to sue as co-plaintiffs in suits of certain description.5. the view we take is also supported by ..... an action to foreclose the mortgage making the others as co-defendants, if they were unwilling to be joined as co-plaintiffs or had done some act which precluded them from being plaintiffs. the principle which underlies this decision is applicable to this country as was finally settled by a full bench .....

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Feb 01 1909 (PC)

Mulji Tejsey and ors. Vs. Ransey Devraj and ors.

Court : Mumbai

Decided on : Feb-01-1909

Reported in : 3Ind.Cas.837

..... it could properly be said that there was any reason at all to withdraw it from the ordinary tribunal. almost all the time was spent upon two points, the alleged partnership of khoorpal dungersey with the plaintiff,, and proving what the true market rate was. certainly there was also a good deal of evidence about what occurred at the meeting of ..... .r. 457 the principle i have in mind is essentially the same, resting on it the right as a right of the defendant to have partners made parties to any partnership suit brought against him, but its application, in the way i have suggested above, would go farther, and on a divergent line, from the authorities on which defendant relied. nor ..... partner of the plaintiff? that is a matter which must have been in the plaintiff's knowledge. both he and khoorpal dungersey know and knew throughout the suit whether a partnership existed between them.2. the defendant contends that the result of finding that khoorpal dungersey is plaintiff's partner must be the dismissal of the suit. to this the answer ..... application was heard by my learned brother davar in chambers. it was apparently argued at length and davar, j. refused to stay this suit under section 19 of the indian arbitration act. in those circumstances, especially having regard to the fact that the general body of the association did meet and decide the points upon which the plaintiff now craves the judgment .....

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Feb 23 1909 (FN)

Hammond Packing Co. Vs. Arkansas

Court : US Supreme Court

Decided on : Feb-23-1909

..... a member of, or a party to, any pool, trust, agreement, combination, confederation, or understanding, whether the same is made in this state or elsewhere, with any other corporation, partnership, individual, or any other person or association of persons, to regulate or fix, either in this state or elsewhere, the price of any article of manufacture, mechanism, merchandise, commodity, ..... or confederations, combinations or organizations in restraint of trade, to dissolve the same or to restrain their formation or maintenance in this state, or recover the penalties in this act provided, then and in such case, if the attorney general or prosecuting attorney desires to take the testimony of any officer, director, agent, or employee of any corporation or ..... under the circumstances stated, it nevertheless exerted an extraterritorial power, because it restrained the continuance of the business within the state by a corporation which had done the designated acts outside of the state, we think the proposition without merit. as the state possessed the plenary power to exclude a foreign corporation from doing business within its borders, it ..... to enforce its requirements, because of their alleged repugnancy to the constitution of the united states in particulars which were enumerated. the supreme court of arkansas held that the acts which the hammond company was charged with having committed were within the prohibitions of the law of 1905, and that the statute was in no respect repugnant to the .....

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Jun 14 1909 (PC)

Ahmedbhoy Habibbhoy Vs. Sir Dinshaw M. Petit and ors.

Court : Mumbai

Decided on : Jun-14-1909

Reported in : 3Ind.Cas.124

..... buried, an enquiry which widens out with the increasing prosperity of the family, until it embraces the history and accounts of half a dozen partnerships, and the analysis of more accounts in one suit, than probably come by, way of evidence directly before; any english court in ten years ..... be further contested, the appeal would have at once gone out. i believe the principle of this decision is supported by every english and indian case, with the single exception of one calcutta case. and speaking with the greatest respect to the learned judges who tried that case, i ..... plain and, intelligible. it may, however, be conjectured, though this is a very diffident conjecture, that where within the scope and operation of these acts, there is a formal registry of rights, and where upon an intended sale it is found that adverse rights have been registered against the property, ..... vendor and purchaser. and it does appear that those special acts contemplate in special circumstances a departure prom, the perfectly well-established rule that in suits for specific performance between vendor and purchaser, third parties ..... true that it gains some faint, and, i think, wholly fallacious colour from a comparatively modern innovation, a legislative innovation, in england. certain acts of a very special character provide in that country fot joining parties who have registered claims against a property to be sold, in a suit between .....

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Jun 14 1909 (PC)

Chabildas Lallubhai Vs. Ramdas Chabildas and ors.

Court : Mumbai

Decided on : Jun-14-1909

Reported in : 3Ind.Cas.257

..... need of no consequential relief. therefore the suit is within the actual words and clear intention of section 42 of the specific relief act. it matters little what line english courts have taken in modern times, so long as indian courts keep within their own statute. and this is a case which does not seem to me to present any ambiguity. most ..... , who was also given a lump sum by the arrangement of 1866. this was not a partition in any sense. the paper speaks of a partnership 'which was then to be dissolved and the only partnership which could be meant, was the joint efforts of the sons to earn and contribute to the joint family funds. from that time the sons appear ..... than in commerce. it is, therefore, not surprising to find english barrister judges, and english barristers of the greatest eminence, arguing cases of this kind upon english, and not upon indian, principles. it is possible that the english law is more sensible in such matters but that is beside the question. we are not concerned with the policy or the expediency ..... the ordinary category of a family arrangement. and the courts always lean strongly in favour of upholding bona fide and reasonably fair family arrangements. observe too that it has been acted upon for twenty years. ramdas and karsondas got the rents. they have been earning money for themselves, not a penny of which have they paid to their father. it is .....

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