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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1910 Page 1 of about 12 results (0.053 seconds)

Jun 01 1910 (PC)

Ugar Sen Vs. Lakhmi Chand and ors.

Court : Allahabad

Decided on : Jun-01-1910

Reported in : 6Ind.Cas.840

..... representative of the deceased, hira lal. the learned vakil relies upon the provisions of section 45 of the indian contract act. we are of opinion that that section in no way bars the present suit which is one to recover a debt due to a partnership firm. in the case of gobind prasad v. chandar sekhar a.w.n. (1887) 133, the question ..... borrowed from them by the defendant-appellant ugar sen. the money was borrowed from badri das and hira lal, who were members of a partnership firm, and both of them are dead. the only surviving member of the partnership is the plaintiff mohan lal. the other plaintiff lakhmi chand is the son of badri das. hira lal left a minor son named ..... not necessary parties to a suit for recovery of a debt which accrued due during the life-time of the deceased partner. in that case the provisions of the contract act were considered and dealt with. in the later case of debt das v. nirpat 20 a. 365, blair and burkitt, jj., followed the earlier ruling of this court. in view .....

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Mar 21 1910 (PC)

Hazi Mohamad Akbar and anr. Vs. Rai Dwarka Nath Sarkar Bahadur and ors ...

Court : Kolkata

Decided on : Mar-21-1910

Reported in : 6Ind.Cas.63

..... between surviving partners and the representatives of the deceased partner, there is an overriding duty in the survivors to wind up the partnership assets, and to do such acts as are necessary for the purpose, and if it is necessary for that winding up either to continue the business or borrow ..... was made after the commencement of the present suit, and with full notice of the claim of the plaintiffs; in the second place, the partnership contract between the parties expressly provided that no partner should, without the consent of the other partners, release or compound any debt owing to, ..... in support of these charges, which cannot be seriously considered unless proved beyond dispute. after remand, therefore, not only must the receipts of the partnership business be proved, but the manner, in which the sums have been spent, must be established. this brings us to the consideration of a ..... march 1307, their contention that the suit was not maintainable, was overruled. this objection had been based on the alternative grounds that under the partnership articles, arbitration was the only remedy, and that the father of the deceased partner had been admitted as a partner subsequent to the death ..... to arbitration, even though they relate to dealings with the firm, cannot be said to be an act done for carrying on its business in the ordinary way. section 263 of the indian contract act to which reference was made, is consequently of no avail. the decision in administrator-general v. official .....

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Aug 06 1910 (PC)

T.K. Gajjar Vs. Lallubhai Dharamchand

Court : Mumbai

Decided on : Aug-06-1910

Reported in : (1910)12BOMLR860

..... headed: ' in the matter of the arbitration between professor tribhuwandas kalliandas gajjar and the firm of messrs. jivanchand lallubhai & co., and in the matter of the indian arbitration act no. ix of 1899-professor tribhuwandas kalliandas gajjar-petitioner; and lallubhai dharamchand and the other partners in jivanchand lallubhai & co.-respondents,' calling on the above-named ..... section 15 of the indian arbitration act, the parties against whom the award has been made contend that this court, under order xxi, rule 29, of the civil procedure code, should stay the execution ..... had been taken to obtain the assistance of the court in securing the payment of the amount of the award, but under the provisions of the indian arbitration act the petitioner would be entitled to enforce the award as if it were a decree of the court.3. on the strength of that provision in ..... kasturchand daya, the firm of jivanchand lallubhai & co., the present respondents, and the petitioner t. k. gajjar, for the winding up of a partnership, in which, it is said, the petitioner was entitled to a share of profits although not liable for losses, and is liable to the ..... partnership for monies withdrawn to the extent of rs. 90,000.4. now, such an order for stay can only be made by the court .....

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Aug 09 1910 (PC)

Hari Charan Gorait Vs. Girish Chandra Sadhukhan

Court : Kolkata

Decided on : Aug-09-1910

Reported in : (1911)ILR38Cal68

..... to the chief presidency magistrate a complaint to the effect that in eaisak 1314, corresponding with april 1907, his wife panna moyee dassee had entered into partnership with the three accused, that on her death her interest had devolved upon her children, and that on the death of her father, one hari ..... dass sadhukhan, in aghran, that is november-december 1909, the three accused acting in the interests of hari dass' son johur lal had fraudulently tampered with the account books of the partnership business.3. in accordance with the prayer of the petition the chief presidency magistrate on this complaint ..... of capital contributed by each, if signed by the partners, would not be a 'valuable security' within the meaning of section 30 of the indian penal code, but neither the complainant nor his witness panch kouri say that the title pages in question were so signed.12. but on behalf ..... of june, the chief presidency magistrate directed the issue of process for the attendance of the accused to answer a charge under section 477 of the indian penal code. it is against this order that the pre sent rule is directed.6. on behalf of the petitioners two objections, which may be ..... cause why certain proceedings should not he quashed on the ground that the materials before him did not disclose any offence within section 477 of the indian penal code; that the sending of the case to the honorary magistrate was without jurisdiction, and that under the circumstances the order for seizure .....

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Sep 19 1910 (PC)

Meghji Vallabhdas Vs. Jadhowji Morarji

Court : Mumbai

Decided on : Sep-19-1910

Reported in : (1910)12BOMLR1062

..... on a considerable business in seeds for some years in bombay, that he had frequently given and taken delivery, and if in fact the partnership of which he had been a member was still , in existence, then we shall have to add to these considerations the indubitable fact that that ..... has accumulated, of this class of cases, and in disposing of one after another of them i have had to examine all the leading authorities, english and indian, on this much vexed and difficult question. i cannot help thinking that the reasoning of many of the most eminent judges upon the particular facts before them sometimes ..... concerned this was a perfectly genuine and bond fide dealing in futures. the plaintiff has large dealings with european firms. he is obliged to buy in the indian and sell in the english market, and he has sworn and satisfied the court beyond any possibility of doubt that he had large shipments to make and ..... his disadvantage to be obliged to do so. further, it appears to me that a very superficial consideration of the language of section 30 of the contract act would suffice to show that that was not its intention quite apart from the utter havoc it would make in all commercial dealings. nor indeed when we ..... the minds of the contracting parties are not ad idem upon a material factor of the contract and therefore, within the meaning of section 30 of the contract act, there is no contract to be enforced in law.3. now, i think we may accept the defendant's evidence so far as to presume that .....

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Jan 17 1910 (FN)

Western Union Telegraph Co. Vs. Kansas

Court : US Supreme Court

Decided on : Jan-17-1910

..... commerce of corporations. the language of the grant makes no reference to the instrumentalities by which commerce may be carried on; it is general, and includes alike commerce by individuals, partnerships, associations, and corporations. . . . the defect of the argument lies in the character of their business. issuing a policy of insurance is not a transaction of commerce. . . . such contracts are ..... upon the number of inhabitants in the city, town, or village where the page 216 u. s. 39 business was conducted. osborne, without obtaining such a license, and having acted as agent, in florida, of a georgia corporation engaged in interstate as well as intrastate business, was proceeded against criminally under the statute. he contended that the statute was invalid ..... telegraphic messages within its limits and receiving compensation therefor; that it be adjudged by the court that the defendant had no authority of law for the performance of such corporate acts, and the exercise of such corporate powers and franchises, and the carrying on of said corporate business within the state, and that it be decreed and adjudged that the ..... the state, territory, or foreign country under whose laws they are incorporated, and any corporation applying for a renewal of its charter shall comply with all the provisions of this act in like manner, and to the same extent, as is herein provided for the chartering and organizing of new corporations. . . . any corporation organized under the laws of another state .....

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Feb 25 1910 (PC)

Juanendranath Basu Vs. Rani Nihalo Bibi and anr.

Court : Allahabad

Decided on : Feb-25-1910

Reported in : 6Ind.Cas.38

..... deceased were jointly made the legal representatives of the deceased and the district judge allowed execution to proceed against both in respect of property not only separate property but also partnership property. the learned judges held that the widow alone was the legal representative of the deceased and execution should not proceed against the brother even if he were in possession ..... a letter said to be written by nityanand prasad singh on the 22nd january 1906, amounted to payment and acknowledgment as are intended by sections 19 and 20 of the indian limitation act. 1877. we hold that neither the alleged payment nor the alleged letter amounts to a payment or acknowledgment intended in those sections. we dismiss the appeal in both the .....

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Apr 08 1910 (PC)

M.A. Pakir Mahomed Rowthar and ors. Vs. the South Indian Export Co. Ld ...

Court : Chennai

Decided on : Apr-08-1910

Reported in : 7Ind.Cas.108

..... for the firm; he simply signed the name of the firm. this would, no doubt, be some evidence bearing on the question of partnership, but the difficulty in regarding these acts as evidence to show that defendants nos. 3, 4 and 5 were partners in the tannery arises from the fact that if the dubash ..... any other party or belonging to defendants nos. 1 and 2 be brought into the said tannery except for the purpose of being sent to the south indian export co., ltd. or to their order. it is further agreed that a separate account should be kept by the plaintiffs in respect of the monies ..... belong to and as being in possession and enjoyment of the mortgagors, who assign all their estate and interest in the property to the mortgagees, the south indian export co. the deed winds up with the usual covenant of title. on the same date, another agreement was entered into between the 1st and 2nd defendants ..... kumbakonam, who held the appellants liable on a deed of mortgage, marked as exhibit a in the case, executed in favour of the plaintiffs-respondents, the south indian export co., ltd, by the defendants nos. 1 and 2. the 1st defendant died during the pendency of the suit and defendants nos. 9 to 15 are ..... and the south indian export co., by which the former agreed that the tannery belonging to them and situated at dindigul and mortgaged to the company by the deed of that .....

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Apr 27 1910 (PC)

Munisami Chetti Vs. Marthammal and anr.

Court : Chennai

Decided on : Apr-27-1910

Reported in : (1911)ILR34Mad211

..... the other way: in the absence of evidence of an intention to hold the property as joint family property he will presume that was held as partnership property. he does not however support his conclusion by any authority and he recognizes that it is contrary to the opinion expressed by bhashyam ayyangar, ..... holding the post, or while retaining the emoluments or benefits of it.6. as regards trustees the principle is embodied in section 14 of the indian trusts act, and it is well settled that an executor is for most purposes in the position of a trustee as observed by kay, j. in in ..... and dispositions of the will. no attempt was made to dispute the findings of the subordinate judge that the first defendant has been guilty of acts of maladministration and has refused maintenance, and the second defendant pleads that he has been prevented from discharging his duties as executor by the first ..... and collector of ahmedabad v. savchand i.l.r. (1903) bom. 140, and the opinion of messrs, phillips and trevaleyan in their 'hindu wills act' appears to be supported by the judgment of their lordships delivered by sir arthur wilson in mirza kriratulain bahadur v. peara sahib .4. in the present ..... bearing on his rights as the testator's son, accepted the office of executor, obtained probate and, under its authority collected assets and otherwise so acted as to cause the plaintiffs to alter their position, the defendant is estopped from impeaching the will, repudiating his fiduciary position or setting up in .....

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Jun 21 1910 (PC)

Ata Muhammad Chaudhry Vs. Musammat Saiqul Bibi and anr.

Court : Allahabad

Decided on : Jun-21-1910

Reported in : 7Ind.Cas.820

..... be given in dower to a wife) with respect to the husband, before season of her being made wife.5. a female slave held in partnership with respect to any of the partner.6. a female slave delivered in pledge with respect to the receiver of such pledge, according to the book ..... it to be, fasid, is not free from difficulty. majmaul anhar, vol. i, page 323.(46a) unlawfulness (hurmat) may be taken to mean either indian (being batil) or fasad (being fasid) for they are synonymous. it is for this reason that an agency for a fasid marriage is not valid ..... not for contracting but only with a view to manifestation before the judge. (vi).__________________________________________________________________________________(a) whether the persons to be united, or guardians or agents acting on their behalf.(b) subu. a youth under puberty, which is majority according to muhammadan law.(i). fut. al., vol. i, page 467. in ..... of evidence, amir ali and woodrofe, 4th ed. page 17.(8) error in carnal conjunction is of two kinds, the first, error in respect to the act, which is termed shubhat-ishtibah, 'or error of misconception' the second, error in respect to the subject, which is termed 'shoobha hookmee,' error by ..... to the effect of evidence in civil and criminal proceedings. 'the circumstances of the particular case' must determine whether a prudent man ought to act upon the supposition that the facts exist from which liability is to be inferred. what circumstances will amount to proof can never be a matter .....

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