Court : Mumbai
Decided on : Mar-19-1913
Reported in : (1913)15BOMLR634
..... which the joint family shared ; and it must further be conceded that, if the joint family's interests were divided, a dissolution of the akuvidu partnership with venkanna was naturally incident to the situation thus created. different personal had arisen in law, and with these it was open to venkanna to ..... .6. four salient points may simply be noted : (1) prior to 1891, and year after year, detailed accounts, suitable as those of a current partnership business, were rendered as between the joint family, on the one hand, and venkanna on the other. after that year these accounts entirely ceased. but (2 ..... of their lordships, the conclusion reached by the high court on the plea of limitation was clearly correct.3. in or about the year 1868 a partnership business was started in kottapally. at a later date a business was started at akuvidu. this latter was throughout under the management of one venkanna, ..... the present appeal. the assertion is that the plaintiff's family has a half share, along with the defendant (the present respondent), in a partnership business carried on in akuvidu. the high court has held that this claim is barred by limitation and has dismissed the suit.2. it is unnecessary ..... suit which was initiated eleven years after that event, is, of course, barred by the three years' limitation established by article 106 of the limitation act.5. in the opinion of their lordships, the high court has come to a correct conclusion, and it is quite unnecessary to enter upon the details .....Tag this Judgment!
Court : Chennai
Decided on : Sep-10-1913
Reported in : AIR1914Mad609; (1913)25MLJ501
..... an unreported case, but the court eventually sent down an issue whether assuming the partnership to have been existing when the acknowledgment was made, such acknowledgment was or was not an act necessary for as usually done in carrying on the business of the partnership (section 291 of the indian contract act) in which case they held it must be taken to have been done ..... limitation act ix of 1871 section 20 in which partners ..... under the authority of the other partners. here it may be observed that section 251 of the indian contract act of 1872 which was subsequent to ..... are expressly mentioned, is quite general in its terms and mikes no exception as to. payments and acknowledgments made in the necessary or ordinary course of the partnership business. now if as here held, it be .....Tag this Judgment!
Court : Chennai
Decided on : Sep-10-1913
Reported in : (1914)ILR37Mad146
..... eventually sent down an issue whether assuming the partnership to have been existing when the acknowledgment was made, such acknowledgment was or was not an act necessary for or usually done in carrying on the business of the partnership (section 291 of the indian contract act), in which case they held it must ..... acknowledgment or promise made and signed by any other or others of them.' the main alteration for the present purpose is that in the indian act partners are mentioned separately and not included under jointcontractors. it has never been held, so far as i know, that the specific mention ..... , 1872, which was subsequent to the limitation act, ix of ..... be taken to have been done with the authority of the other partners. there it may be observed that section 251 of the indian contract act ..... 1871, section 20, in which partners are expressly mentioned, is quite general in its-terms and makes no exception as to payments and acknowledgments made in the necessary or ordinary course of the partnership business. now .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-07-1913
Reported in : (1913)ILR40Cal814
..... , clearly mentions all the present and future members of that firm on whom the agreement would be binding, and it was with this knowledge that watson entered into partnership of that firm. the defence set up by him was undoubtedly not in his mind when a letter dated 15th august, 1912, was addressed by messrs. moran ..... we are in no way -liable to you under either of the agreements relating to the 3 s mark, and in fact under section 65 of the indian contract act you are bound to repay us the: amounts you have obtained from us in terms of the agreements which, we are now advised, are void.23. ..... me not slight but cogent to fix the liability on all the members of the present firm of moran & co. the defendant watson entered into partnership with cresswell and smyth in the firm with the knowledge of the liability to jagarnath & co. in respect of the jute marks, and in the deed of ..... partnership dated 18th october, 1911, by which he became a partner, the language employed in; clause 12 of that deed leaves no doubt in my mind ..... consisting of himself and messrs. cresswell and smyth, could claim such a refund unless he had entered into the partnership burdened with liabilities of the old firm. this is also borne out by clause 5 of the deed of partnership whereby all office furniture, books, fittings and moveable property belonging to the former firm of moran & co. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-20-1913
..... churns and butter workers, it being as to the latter only the agent for their sale, entered into a contract with the other corporations and the partnership, by which it was agreed to increase the capital stock of the creamery package manufacturing company to enable it to purchase the property and business of the ..... territory, the object of which is to secure a monopoly to the creamery package manufacturing company, and to restrain interstate commerce. that all of the acts detailed were done in pursuance of a common scheme and conspiracy on the part of all of the defendants during the years 1897 and 1898, and ..... and libels to the effect that such articles were infringements of defendants' patents. a cause of action is hence asserted under 7 of the anti-trust act. the section is as follows: "any person who shall be injured in his business or property by any other person or corporation by reason of ..... (so designated throughout this opinion) by virtue of the facts stated, including all sums that they are entitled to under the provisions of the sherman anti-trust act of 1890, 26 stat. 209, c. 647, together with an attorney's fee. the grounds of recovery are set forth in the complaint, which, ..... below having so held, this court also so holds. 179 f. 115 affirmed. the facts, which involve the construction of 7 of the sherman anti-trust act and what constitutes an illegal combination thereunder, are stated in the opinion. page 227 u. s. 24 mr. justice mckenna delivered the opinion of the court. .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-29-1913
Reported in : 18Ind.Cas.753
..... . charles edward grey, the official assignee of bengal, and as such assignee of the property of gurmukh roy kadia, an insolvent, sues three gentlemen, who carry on business in co-partnership together under the style of messrs. walker, goward and company, to recover rs. 3,199 2 9 as damages in respect of a breach of two contracts for the sale ..... by the insolvent as a trustee, does not pass to the official assignee. it seems to me, on the construction of the act, that is quite clear.6. it is then said that under section 247 of the indian contract act, the suit can be maintained by gurmukh roy as the karta of the family for any obligations entered into on behalf of ..... case is, what is the title of the official assignee? the title of the official assignee is not open to doubt because under section 52 of the presidency towns insolvency act, the title of the official assignee is to all such property which may belong to or be vested in the insolvent at the commencement of the insolvency but excluding all ..... and without any separate account being kept of those profits, there was paid on account of ramesha not only his food and raiment, but also the expenses of his performing acts of worship suitable and proper to the religion which he professes. that cannot be doubted. there is a charge for a supper for ramesha on arriving in calcutta and on .....Tag this Judgment!
Court : Chennai
Decided on : Feb-04-1913
Reported in : (1914)ILR37Mad555
..... of that order as gave leave to amend with reference to this statement of the act of insolvency; subject to this i would dismiss the appeal and make no order as to costs. as regards the question of partnership we do not think it necessary to deal with it in this appeal. the ..... certainty, i quite agree that we are at liberty to look at the affidavit and after reading the petition with the affidavit to find that the act of insolvency is charged with sufficient certainty. the important thing in this matter seems to me is that there should be proper materials before the ..... deprive his creditors of the means of communicating whereby the petitioners were advised and believe that the insolvent is liable to be adjudged to have committed an act of insolvency' and we have in the affidavit the expression 'for the purpose of evading their creditors.' i think the phrase 'for the purpose of ..... of the means of communicating with them whereby your petitioners are advised and believe that the said insolvents are liable to be adjudged to have committed an act of insolvency.' the affidavit in support of the petition alleges in paragraph (1) the indebtedness of the appellant and three others. there is a ..... absents himself,(iii.) he secludes himself so as to deprive his creditors of the means of communicating with him.2. the petitioning creditor relies on an act of insolvency within section 9(d) (i), and the petitioner does not expressly allege an intention to defeat or delay creditors. i shall have to .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-06-1913
Reported in : AIR1914Bom59; (1913)15BOMLR1044
..... to be set afoot, and the courts will be asked to go back more than a century, enquiring into the affairs of a dozen or more partnerships, ripping open hundreds and hundreds of ancient accounts, seeking information as to the state of the family fortunes at the date of the death of ahmedbhoy ..... 14 bom. 189, decided by sargent c. j. and scott j., the parties were cutchi metnons. the question was whether one alleged member of a partnership was to be adjudged insolvent. the firm as a firm had been so adjudged and none of the other parties objected. the matter seems to have been ..... were in dispute) consists entirely of profits made in a business started by the four brothers, ismail, abdsatar, hassan and ahmed, in 1845, under the partnership name of haji abdulla nur mahomed, their father. it is now contended that the wills deal with joint family property, and are consequently invalid, and ought ..... an example of paramount authority, the case of t. p. petherpermal chelty v. r. muniandy servai : (1908)10bomlr590 . as to the point raised on the indian limitation act, 1877, ' their lordships are of opinion that the conveyance of the nth june 1895, being an inoperative instrument as, in effect, it has been found to be ..... in 1902. in one place jan asks, ' what is my share in the jaoli business i did in partnership with you (ismail)?' (see ex. 13 of the 29th july 1903.) there was a partnership in jaoli business and jan's share was ascertained and paid to his wife fatma. but this is utterly inconsistent .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-01-1913
..... as used in this section, includes:" "1. every foreign corporation doing a banking business in this state, except a national bank." "2. every unincorporated company, partnership, or association of two or more individuals, organized under or pursuant to the laws of another state or country, doing a banking business in this state." "3 ..... from what is known generally as personal property. accordingly, it was said in evansville nat. bank v. britton, 105 u. s. 322 :" "the act of congress does not make the tax on personal property the measure of the tax on the bank shares in the state, but the tax on moneyed capital ..... in some corporations, according to the nature of their business, may be such moneyed capital. . . . the key to the proper interpretation of the act of congress is its policy and purpose. the object of the law was to establish a system of national banking institutions in order to provide a uniform and ..... stanley, 105 u. s. 305 , it was pointed out that the decision in the weaver case had not the effect of declaring the new york act of 1866 void, but only of deciding that the tax there in question was void because the taxpayer had been refused the same deduction for his debts ..... than on other moneyed capital, taking into consideration both the rate of assessment and the valuation. in other words, that the restriction contained in the act of congress had to do with the actual incidence and practical burden of the tax upon the taxpayer. this decision was followed by several others to .....Tag this Judgment!