Court : Kolkata
Decided on : Mar-17-1914
Reported in : AIR1915Cal482,(1915)ILR42Cal225
..... , and there is a dissolution of partnership by reason of the death or bankruptcy of one of the partners. in section ..... 253 of the indian contract act, on the other hand, in the absence of any contract to the ..... joint hindu family firm is not in all respects on the same footing as an ordinary partnership arising out of a contract. it has been argued that the rights and obligations of the coparceners cannot be determined by exclusive reference to the provisions of the indian contract act, but must be considered also with regard to the rules of the hindu law which ..... the effect of the bankruptcy of a partner on the partnership, is not in this country, identical with that under the law of england, as becomes clear from a comparison of section 33 of the bankruptcy act, 1890, with the provisions of sections 253 and 251 of the indian contract act. under the bankruptcy act, 1890, bankruptcy is placed on the same footing as death .....Tag this Judgment!
Court : Chennai
Decided on : Apr-03-1914
Reported in : 25Ind.Cas.22
..... till may 1909. the learned judge held that the partnership continued until may 1909 and directed that the partnership accounts should be taken up to that date. the partnership was admittedly a partnership-at-will and consequently section 253 of the indian contract act, which provides that any partner may retire from such a partnership at any time, is applicable. the judge found ..... that the defendant decided to retire from the partnership in september 1908. his ..... finding is in these words: 'he'--that is the plaintiff--'has given evidence--uncontradicted evidence--which does point, no doubt, to the defendant having decided to retire from the partnership ..... there is no evidence of any dealings by the firm with third parties. certain post cards, however, written by the plaintiff, were relied on as showing that the partnership business was in fact carried on after september 1908. one of these post cards is dated january 1909 and would seem to have been written by the plaintiff from .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-05-1914
Reported in : 29Ind.Cas.811
..... on behalf of the respondents that they may be permitted to establish in the present litigation that if the partnership accounts are adjusted, it would bo found that the plaintiff was not entitled to recover the whole of the sum claimed from each of the ..... of the partners. on the other hand, the intention to be gathered is that each of them agreed to contribute a rateable share of the partnership capital. if the plaintiff is refused relief in this suit, that agreement between the parties would practically be ignored.5. it has finally been contended ..... money in their individual capacity. they were sued as such by their creditor and the decree obtained by the latter was executed, not against the partnership proparty, but against the private property of the plaintiff alone the payment by the plaintiff to the decree holder really signifies that he has in ..... found in effect that the money was borrowed by the plaintiff and the defendants jointly and that it was applied for the purposes of the partnership business. the courts below have further found that the plaintiff alone was liable to furnish the entire capital, that there has been no adjustment of ..... circumstances like these, a suit for contribution is obviously maintainable.4. on behalf of the respondents, reference has been made to section 43 of the indian contract act. that section lays down that when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-03-1914
Reported in : AIR1914Bom17; (1914)16BOMLR224
..... decreed.8. one ebrahim, a cutchi memon, died many years ago leaving four sons ludha, abdul wahed, osman and noor mahomed. they started the business of ludha ebrahim & co. in partnership. ludha and osman died without issue. abdul wahed had seven sons of whom sulaiman was the eldest. noor mahomed had two sons, essac and oomer, and a daughter. oomer had ..... law that is, that it is not the established custom of the realm, as has been erroneously determined.27. as there is no-common law of india the decisions of indian judges do not determine what is the established custom of the country, but letting that pass and applying the above remarks as far as possible to the decisions of this .....Tag this Judgment!
Court : Chennai
Decided on : Mar-02-1914
Reported in : AIR1914Mad678(2); 24Ind.Cas.398
..... cozens-hardy for the appellants was that where a family business was carried on there was an implied power to pledge similar to that which exists in the case of partnership. that i think was the proposition which their lordships were dissenting from. this subject has been again most carefully considered by sir lawrence jenkins, c.j., in sahrabhai ..... a minor, then the question is, is he estopped by his conduct from setting up defence? we have a letter, exhibit jj., which he wrote to the south indian export co. on 28th march 1909 very shortly after the death of krishna iyer in which, after dealing with his own tannery business, he adds a postscript with reference ..... the mortgage in amarnath sah v. achan kuar 14 a. 420 : 19 j. a. 106 : 6 sar. p.c.j. 197. which is set out in the indian appeals report, will show that in that case the money was borrowed expressly for the purpose of paying the debts incurred for marriage expenses and for litigation. it was only ..... 1st defendant's conduct in taking a power of attorney from this minor widow whose minority he knew all about and sending it to the plaintiff company to be acted upon and writing to the plaintiff company requesting them to help him by going on doing business with this woman of whom he was the nearest reversioner, is certainly ..... wallis, j.1. this is a suit brought by the south indian export company on certain mortgages one of which was executed by one t. krishna iyer, who carried on business in trichinopoly, in favour of best & co., and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-08-1914
..... the southern district of new york against the firm and the individual members thereof, and a receiver was appointed of the bankrupt estate, the partnership and its members being subsequently adjudicated bankrupts. on the same day the petition was filed, the bankrupts and arthur musica were arrested as fugitives ..... appeals where other cases of a similar character would not be. the bankruptcy act provides for review under 24b of administrative orders and decrees in the course of bankruptcy proceedings which are not made specially appealable under 25a. ..... in the nature of plenary suits, concerning property claimed by others than the bankrupt, do not come under the special provisions of the bankruptcy act governing petitions for review and appeals, but take the course of ordinary cases in equity, and are not final in the circuit court of ..... and after the filing of the original petition in bankruptcy. for an attorney fee for services to be rendered in contemplation of bankruptcy, the act makes specific provision in subdivision d of 60, and the amount thus attempted to be used in contemplation of bankruptcy proceedings is subject to revision ..... right can be acquired in it by assignment subsequent to the petition which can defeat this purpose. under subd. d of 60 of the bankruptcy act, attorney's fees for services in contemplation of bankruptcy are specifically provided for, and are subject to revision in the court of original jurisdiction .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-22-1914
..... of louisiana. no. 506. united states v. prairie oil & gas company. no. 507. united states v. uncle sam oil company. no. 508. united states v. benson, doing business under the partnership name of tide water pipe company, limited. the chief justice, concurring: agreeing in every particular with the conclusions of the court and with its reasoning except as to the one ..... not technically common carriers, yet were carrying all oil offered, if only the offerers would sell at their price. the only matter requiring much consideration is the constitutionality of the act. that the transportation is commerce among the states we think clear. that conception cannot be made wholly dependent upon technical questions of title, and the fact that the oils ..... pipelines and partly by railroad, or partly by pipelines and partly by water, who shall be considered and held to be common carriers within the meaning and purpose of this act." thereafter the interstate commerce commission issued an order requiring the appellees, among others, being parties in control of pipelines, to file with the commission schedules of their rates and ..... has been purchased by the standard oil company or by such constituent corporations prior to the transportation thereof. as applied to existing corporations, the pipeline provision of the hepburn act does not compel persons engaged in interstate transportation of oil to continue in operation, but it does require them not to continue to transport oil for others or purchased by .....Tag this Judgment!