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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1912 Page 1 of about 14 results (0.063 seconds)

May 12 1912 (PC)

Mohadeo Prosad Sahu Vs. Gajadhar Prosad Sahu and ors.

Court : Kolkata

Decided on : May-12-1912

Reported in : 16Ind.Cas.459

..... creditor? we are inclined to think that it does, and that there is, at least, the difference recognised in england by section 44 of the partnership act, 1890 (53 and 54 vict., c. 39), which provides, in connection with the settling of accounts between partners after dissolution, for the satisfaction ..... from capital. no doubt, the statute referred to does not extend to british india; and there is in the indian contract act, 1872, which purports to codify the law relating to partnerships, no provision corresponding with that just described. still, it would seem clear that, on general principles, the claims of ..... , at page 592, he answers the question--when can an action be maintained between partners without taking a general account of all the partnership dealings and transactions--by saying that each case must depend upon its own circumstances and upon whether justice can really be done without taking such ..... these deposits, he is in the position of an outside creditor; that his transactions in this particular connection have nothing whatever to do with the partnership accounts; that he is entitled to his money like any ordinary customer of the bank, and that, by limiting his claim to two-thirds ..... whole account, and that the plaintiff's right to it could be determined only by the commissioner appointed to adjust the accounts of the partnership. the soundness of this decision was challenged by the plaintiff in a petition which he presented to the district judge on the 8th february .....

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Sep 19 1912 (PC)

Jamsetji Nassarwanji Ginvalla Vs. Hirjibhai Navroji Anklesaria

Court : Mumbai

Decided on : Sep-19-1912

Reported in : (1913)15BOMLR192

..... bat the judge says that it is possible that the defendants themselves thought that she had become a partner because the monies of the deceased in the partnership had not been withdrawn.7. then it was contended that if the signature of maneckbai to this document was not obtained by fraud, at all events ..... this suit had come before him, because, he states in his judgment that 'when the order for probate was revoked it was not known that maneckbai had acted as executrix.' this attempt to revoke the probate, which did not exist, was apparently resorted to with the idea that it might help the plaintiff in ..... for rescision and restoration of the parties to the position in which they were before the contract was entered into. it appears to us, therefore, that the act of maneckbai in 1895 cannot be set aside and that the plaintiffs claim upon that ground must fail.12. the learned judge has, however, come to the ..... from those facts, and we think correctly, that the property left by naoroji and used in the business was a loan under section 241 of the contract act. 5. it appears that until 1895 certain sums were drawn by maneckbai from the firm for the maintenance of herself and her children and that she ..... 4. we gather from the findings of the district judge that maneckbai, widow of naoroji, was his executrix according to the tenor of his will and acted as such until her death in the year 1905. the assets of the deceased naoroji were retained in the firm by the surviving partners after his death .....

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Jun 07 1912 (PC)

Bhagirath Samanta Vs. Prem Chand Pal and ors.

Court : Kolkata

Decided on : Jun-07-1912

Reported in : 16Ind.Cas.852

..... made, the entire contract of agency terminated. this decision was based on the principle that as upon the death of one of the partners, the partnership terminated, the authority of any one of the partners to exercise the authority conferred by the contract of agency upon the firm, became incapable of ..... agency should terminate as regards the surviving agent. much reliance, however, was placed on behalf of the appellant upon sections 42 and 201 of the indian contract act and it was suggested that section 201 controls section 42. that may be conceded; but neither section is of any real assistance to the appellant ..... his co-agent. the rule of limitation applicable to the present case is consequently that provided, in article 116 of the 2nd schedule of the indian limitation act. there is no suggestion that if article 116 be held applicable, the suit is open to objection on the ground of limitation.4. the ..... death of one of the agents does not terminate the entire agency. in this country, in view of the provisions of section 43 of the indian contract act, we must hold that the presumption is that the agency is joint and several; and that conclusion is fortified by the terms of the contract ..... the surviving agent is concerned. in our opinion, that contention is opposed to the principle which underlies the first paragraph of section 43 of the indian contract act. the principle applicable to a case of this character is lucidly stated by story in his classical work on agency (sections, 42, 43 and .....

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Mar 21 1912 (PC)

Khatija Bi and ors. Vs. Babu Sahib and ors.

Court : Chennai

Decided on : Mar-21-1912

Reported in : 14Ind.Cas.544

..... another, though somewhat strictly ob36rved in the courts of common law, has been widely departed from at equity. the question is fully dealt with in lindley on partnership, see pages 539 and 592, et seq, where the learned author has classified the various cases in which a suit by a partner is maintainable against ..... that there was no such general rule as that one partner could not sue another even at law in respect of a debt arising out of a partnership transaction, and that this circumstance alone afforded no reason why an action could not be brought by one partner against another. and in equity no such ..... and a decree that one moiety thereof should be paid to purushotamdas, and the other moiety treated as an item to the credit of nagindas in the partnership accounts.7. in umrao begam v. irshad hussain 21 i.a. 163 the judicial committee of the privy council allowed one of the defendants in the ..... one of the partners of that firm and the decree would, therefore, be partly against him, the rights of nagindas and the other members of the partnership could be adjusted and determined. the learned judges observed:while at common law, the rule that the same person cannot be both plaintiff and defendant often led ..... english law, there seems to be no status tory provision barring a fresh suit in such a case when the original suit is dismissed. but as the indian law bars a second suit, in this country, the courts will have to find the means of doing justice between the parties so as to allow the .....

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Aug 18 1912 (PC)

Ramanathan Chettyar and anr. Vs. Kalimuthu Pillay and anr.

Court : Chennai

Decided on : Aug-18-1912

Reported in : (1913)24MLJ619

..... but it was held that that service did not make the personal decree enforceable by a suit in this court against a british indian subject, a member of the partnership who was himself at the time not resident in the jurisdiction of the ceylon court. it is argued that this decision is incorrect ..... s agent, p.w. 1, swears that the business was still being carried on. even if they had dissolved partnership, their obligations continued in all things necessary for winding-up the business (contract act, see 263). the subordinate judge himself uses the phrase 'the business of the firm had practically failed.' the dismissal ..... 1849) 19 l.j.c.p. 345, he states as follows: - 'it appears that the defendant was a partner in the company and that the act provided that certain rights should be conferred on partners, and that the business should be carried on under certain regulations, all conducing to their benefit. it ..... head of submission : but there are observations as to residence and service on which the plaintiff relies. the bank was one established under a local act of australasia, one of the sections of which provided that it should sue and be sued in the name of its chairman. a suit was ..... i will deal with later on. it appears, therefore, that the high court of bombay held that the legislature intended the provisions of the procedure act to apply to foreigners and also that the defendant had submitted to the jurisdiction and the privy council must have accepted either or both of these propositions .....

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Aug 28 1912 (PC)

Ramanathan Chettyar and anr. Vs. Kalimuthu Pillay and anr.

Court : Chennai

Decided on : Aug-28-1912

Reported in : 18Ind.Cas.189

..... but it was held that that service did not make the personal decree enforceable by a suit in this court against a british indian subject, a member of the partnership who was himself at the time not resident in the jurisdiction of the ceylon court. it is argued that this decision is incorrect ..... ' agent, p.w. 1, swears that the business was still being carried on. even if they had dissolved partnership, their obligations continued in all things necessary for winding-up the business (contrast act, section 263). the subordinate judge himself uses the phrase 'the business of the firm had practically failed.' the dismissal ..... remedy by execution was in substitution of the remedy against the partners individually. it seems to me that, if the defendant had thought that this act which was procured for his benefit could not be considered as a submission by him to the forum, in which the chairman was authorised to sue ..... head of submission: but there are observations as to residence and service on which the plaintiff relies. the bank was one established under a local act in australasia, one of the sections of which provided that it should sue and he sued in the name of its chairman. a suit was ..... which i will deal with later. it appears, therefore, that the high court of bombay held that the legislature intended the provisions of the procedure act to apply to foreigners and also that the defendant had submitted to the jurisdiction and the privy council must have accepted either or both of these .....

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Oct 02 1912 (PC)

Munni Reddi and anr. Vs. K. Venkata Raw

Court : Chennai

Decided on : Oct-02-1912

Reported in : (1914)ILR37Mad238

..... manufactory. the evidence of srinivasa rao, the pleader's brother, and himself a pleader, shows that in 1894 the members of the family entered into a partnership. a fresh partnership deed (exhibit g) was executed in 1900. according to this deed each member of the firm is authorised to sign the name of the firm, and ..... be engaged as a partner of a large cotton mill and in the various other businesses which the pleader admits to be included in the concerns of the partnership. it is, however, possible that he thought, as he says he did, that inasmuch as he would not have to devote much of his time ..... law. in the present case the pleader who is the senior member of his family has entered into a partnership with the other members. he as much as any other member of the family is trading with the outside public whatever may be the actual amount of ..... as amongst the members of the family inter se all might be responsible for the results of the trade. but if all the members enter into a partnership and carry on a family trade as partners then all of them must be regarded as carrying on the trade. this is a distinction well understood in ..... at the present enquiry should be regarded as irrelevant. there is no reason why it should not come within the provisions of section 11 of the indian evidence act which lays down that 'facts not otherwise relevant are relevant if by themselves or in connection with other facts they make the existence or non-existence .....

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Oct 02 1912 (PC)

Munireddi and Marwadi Motiram Vs. K. Venkata Rao

Court : Chennai

Decided on : Oct-02-1912

Reported in : 17Ind.Cas.544; (1912)23MLJ447

..... manufactory. the evidence of srinivasa row, the pleader's brother and himself a pleader, shows that in 1894 the members of the family entered into a partnership. a fresh partnership deed (exhibit g) was executed in 1900. according to this deed each member of the firm is authorised to sign the name of the firm ..... be engaged as a partner of a large cotton mill and in the various other businesses which the pleader admits to be included in the concerns of the partnership. it is, however, possible that he thought, as he says he did, that inasmuch as he would not have to devote much of his time ..... law. in the present case the pleader who is the senior member of his family has entered into a partnership with the other members. he as much as any other member of the family is trading with the outside public whatever may be the actual amount of ..... as amongst the members of the family inter se all might be responsible for the result of the trade. but if all the members enter into a partnership and carry on a family trade as partners then all of them must be regarded as carrying on the trade. this is a distinction well understood in ..... claims falling within the jurisdiction of the court where the pleader is practising. the language of section 136 of act iv of 1882 is in my opinion absolutely clear. it is quite immaterial that the indian legislature considered it expedient to enact the rule in wider terms than the legislatures of some other countries have done .....

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Oct 11 1912 (PC)

R.D. Sethna Vs. Kallianji Sangjibhai

Court : Mumbai

Decided on : Oct-11-1912

Reported in : (1913)15BOMLR113; 12Ind.Cas.581

..... refute this technical objection, i think it can be found easily enough in the words of section 24, for the act of the manager in a partnership of this kind must be taken to be the act of the firm, and there can, i think, as will appear when my discussion of the question of fact is ..... of this creditor. now observe how the claim was met. the firm was quite incapable of paying in the ordinary course of business. but for this act of fraudulent preference they could have at least stayed off this creditor with a very large payment on account. but ramji monsey must have known that that ..... or offer is made free to accede, to accept or reject it. in cases of this kind certain payments impeached under section 24 are really spontaneous. such acts, of course, leave no room whatever for argument, but in a large majority of cases the impeached payments are said to be voluntary or not voluntary ..... fraudulent preference, section 47 could ever in any circumstances be logically invoked.6. the dafendant no. 1 next relies, but rather vaguely, on section 57 of the act. that general section, however, particularly ex-cepts all cis33 falling under section 24, and that appears to me to be a sufficient answer to that objection.7 ..... complete, be no doubt whatever but that this payment to the defendant no. 1 was in direct contemplation of an act of insolvency. .....

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Oct 17 1912 (PC)

P.K. Govindan Nairand ors. Vs. P. Narayanan Nair and ors.

Court : Chennai

Decided on : Oct-17-1912

Reported in : 17Ind.Cas.473; (1912)23MLJ706

..... lunacy deprives a man of all legal competence to contract or to manage affairs and the lunacy of even one partner dissolves the partnership (section 254 (1) of the contract act.) if the karnavan is the agent or karta of the tarwad, his powers as agent ought to terminate on his becoming of ..... possession and, management of the tarvvad properties. chathu nair has ceased to possess even the right of management of the family property and the lunacy act which could only be invoked where the lunatic has got property becomes wholly incapable of application. it was argued that as a karnavan who becomes ..... of the other observations in the first case. one such observation is that sufficient cause must be made out by the petitioners for putting the lunacy act into operation against an individual alleged to be a lunatic, such sufficient cause being not certainly the benefit to the petitioners but the lunatic's benefit ..... of the legislature not to interfere with the course of inheritance of the lunatic's property and provisions for that purpose have been inserted into these acts, so that even when it is necessary, for payment of debts or otherwise, that the lunatic's real property should be sold, it is ..... it would be permissible to appoint a manager for a lunatic coparcener of an undivided family. in several cases the indian courts have held that a guardian cannot be appointed under the guardians and wards act for an undivided member of a mitakshara family. see sham kuar v. mohananda sahay i.l.r. (1891 .....

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