Court : Chennai
Decided on : Aug-11-1915
Reported in : AIR1916Mad165; 31Ind.Cas.927
..... family, which doctrines are incorporated in the law of hindu ancestral firms, just in the same way as the provisions contained in the articles of partnership relating to any particular firm may be incorporated. the indian contract act in this view governs hindu family firms as much as any other firm; but the incidents of a hindu joint family firm are different from ..... in exhibit xvi in 1845, that he ranked as a partner after that date and that as such under section 253(2) of the indian contract act, he became entitled to share equally in the profits of the partnership business after 1845.18. the following considerations must, it seems to me, be borne in mind in arriving at a conclusion on this point ..... hassan and hammed who would have been held to be partners in the firm would have been considered under section 241 of the indian contract act to have given a loan of their portion of the property to the partnership. but these details are not necessary in the present case. i have only stated these for making my view of the case clear ..... continuous.68. the learned judge refers to several other circumstances, and then says: 'under these circumstances an agreement of partnership would be implied by law,' and adverting to the principles of the law of estoppel embodied in section 115 of the indian evidence act which is the same as the english law, the learned judge held that the first defendant in that case .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-17-1915
Reported in : AIR1915Bom209; (1915)17BOMLR762; 30Ind.Cas.864
..... . but when a firm is started, if it is ever to have any career at all, it is almost certain that some one in the partnership must have a certain amount of capital. the firm then gradually establishes itself on a real solid money basis, and, being so established, the only ..... however, where firms are very often of an extremely complex character and there is no law as there certainly ought to be, compelling the registration of partnerships; and where such firms are constituted without any writing and appear to be in a constant process of change, partners retiring and partners being added without ..... word of defendant no. 3 to the contrary. i should, therefore, have very little hesitation in holding, if material, that the alleged dissolution of partnership and the consequent withdrawal from any further connection with the firm on the part of defendant no. 3 which is the sole basis of his defence ..... to dormant partners. that rule is founded on very good reasons and is specially referable to the principles of estoppel, but section 264 of the indian contract act has been conceived in a much wider spirit and has a much wider scope. where its language is perfectly plain and covers every case quite ..... partner, of whose existence no indication was given by the name of the firm, he would not fall within the scope of section 264 of the indian contract act; and so advised he framed and limited his defence. coming to trial, i suppose, after the usual consultations, his legal advisers probably thought that .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-21-1915
Reported in : AIR1915Bom244; (1915)17BOMLR701; 30Ind.Cas.913
..... grass contract for nine forest coups, and to recover the sum falling to his share as damages and costs. the defendant denied the alleged partnership in the terms set up in the plaint, and contended that the suit was bad as being based on an agreement, if there was ..... might, from time to time, prescribe. therefore, the sale of opium by partners who could not enter into partnership without contravening the conditions prescribed would violate the provisions of the opium act. we set aside the decree of the district judge upon the preliminary issue, and direct the judge of the ..... us from disposing of this appeal. we are of opinion that the judgment of the district court is not correct. the section of the indian contract act which is relied upon is section 23 which says:-'the consideration or object of an agreement is lawful, unless it is forbidden by law; or ..... such an agreement, which was void under section 23 of the indian contract act.2. the learned subordinate judge found that the agreement was not unlawful under section 23 of the indian contract act. therefore, he directed that a preliminary decree should be drawn up on that issue.3. ..... the learned district judge reversed the preliminary decree and remanded the case to the lower court. the appellant has appealed to this court on the ground that the lower court erred in holding that the agreement of partnership .....Tag this Judgment!
Court : Kolkata
Decided on : May-06-1915
Reported in : 30Ind.Cas.697
..... down that, in-the absence of any contract to the contrary, partnerships, whether entered into for a fixed term or not, are dissolved by the death of any partner. in section 209 we miss the expression 'in the absence ..... 209 is needed. on the other hand, if we contrast the provisions of section 253 which defines the effect of the death of any partner on a partnership, it becomes plain that under section 209 an agency is terminated by the death of the principal or the agent. clause (10) of section 253 lays ..... accounts, by sale of the immoveable properties hypothecated. the suit is consequently one to enforce a charge on immoveable property within the meaning of article 132 of the indian limitation act. this view is supported by the decisions in hafezuddin mandal v. jadu nath saha 35 c. 298 : 12 c.w.n. 820 : 7 c.l ..... the sum which he had taken and spent; and the judicial committee held that the suit was one for accounts, governed by article 89 of the indian limitation act. we hold accordingly that article 89 is applicable in respect of this portion of the claim of the plaintiffs. we do not think it necessary to ..... das died in 1900, the agency of the defendant under him terminated. in support of this view, reliance has been placed upon section 201 of the indian contract act, which provides that an agency is terminated by the death of either the principal or the agent. on behalf of the plaintiffs-respondents, it has been .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-24-1915
Reported in : 31Ind.Cas.430
..... plaintiff is debarred of his remedy, because there has not been a complete adjustment of accounts. it is plain that a partner is entitled to purchase partnership property, provide there is full disclosure and the parties are at arm's length. it is only where the real truth is concealed and the facts ..... subordinate judge; he has also suggested that, if necessary, leave should be granted to amend the plaint and to convert the suit into one for partnership accounts, so that the rights and liabilities of the parties might be investigated and determined.3. we may state at the outset that there is no ..... . the subordinate judge has dismissed the suit. he has held that in the suit as framed, the partnership accounts could not be adjusted, and that till the accounts between the parties were adjusted, the plaintiff was not entitled to relief.2. the plaintiff ..... claim mainly on the ground that plaintiff had not acquired an absolute and exclusive title to the animals, that he had no enforcible claim till the partnership accounts were adjusted, and that if the accounts were settled, it would be found that a large sum was due from the plaintiff to the defendant ..... maintained only by the person for whose benefit the purchase had been made. there is no foundation for this argument, as secti6n 180 of the indian contract act provides that if a third person deprives the bailee of the use or possession of the goods bailed or does them any injury, the bailee is .....Tag this Judgment!
Court : House of Lords
Decided on : Jan-25-1915
..... how is that to be done? and he proceeds to show that could be done by a decree dissolving the partnership and directing the return of the capital brought in by the colonel. a further question as to an indemnity against the debts incurred during the ..... that they entered into the contract under essential error induced by the innocent misrepresentation of the appellants. innocent misrepresentation connotes not wrongdoing but an innocent act, and the question is which of two innocent parties should suffer. the remedy of reduction is not in general available unless the party seeking ..... work as executed by the respondents proved to be entirely different from that contemplated by the contract, and (3) that the appellants were by their actings barred from founding on the said contract as the basis of charge. their lordships of the second division were of opinion that the plea that the ..... respectively. the company were not obliged to employ professional borers. the men actually employed the engineer believed to be fully competent to do the work, acting as they did under his supervision and control, and subject to his correction. i do not think the defenders or their engineer were under any obligation ..... not found. the duty the specification imposed upon the engineer as the trusted agent of the defenders, in the compilation of this journal, was to act honestly at once towards his employers and the intending contractors and to give to them the information he believed to be accurate. he did so; .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-08-1915
Reported in : 30Ind.Cas.64
..... to their case, they lived separate from the other members of the family to which their husband belonged, and neither their husband nor they themselves had any concern with the partnership. the return of the peon was to the effect that as they could not be found and as there was no authorised agent to receive summonses on their behalf, the ..... aside an ex parte decree. the respondent instituted a suit against several persons to recover a large sum of money alleged to be due from them as members of a partnership concern. the suit was decreed ex parte. two of these defendants, now appellants before us, made an application to set aside that decree on the ground that they had no ..... able to obtain access to the purdanashin lady who has to be served and cannot deliver or tender a copy of the summons to her. there is no decision in indian courts directly in point, and the ruling of the judicial committee in clark v. rouplaul mullick 2 m.i.a. 263 : 3 moo. p.c. 252 : morton 403 : 1 sar .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-12-1915
..... should be sustained, the suit should abate as to the texas & pacific. the second paragraph page 237 u. s. 211 denied under oath the alleged partnership with the international. the third virtually demurred on the ground of no cause of action, and the fourth was an answer to the merits generally denying ..... did, the law was void because repugnant to the state constitution for reasons which were named. in addition, in the same paper, a denial of the alleged partnership was made and the exclusive liability of the texas & pacific for the injury, if any injury had resulted, was asserted. on the same day, the texas ..... & pacific, as a corporation created by an act of congress, joined by the international, prayed and was granted the right to remove the cause to the district court of the united states for the western ..... are stated in the opinion. page 237 u. s. 209 mr. chief justice white delivered the opinion of the court. as a corporation created by an act of congress, the plaintiff in error is inherently entitled to invoke our jurisdiction. hence, the motion to dismiss is without merit. both the record and the ..... 1915 decided april 12, 1915 237 u.s. 208 error to the circuit court of appeals for the fifth circuit syllabus a corporation created by an act of congress is inherently entitled to invoke the jurisdiction of this court to review a judgment of the circuit court of appeals, even though such judgment .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-14-1915
..... criterion. we must again refer to the contract. it was not intended to create, and it did not create, for the two states a partnership or community of interest in these assets, or provide that they should be held in trust by virginia for west virginia. it contemplated that each ..... date. on the other hand, the united states held bonds of virginia (which had been purchased by the government as trustee for certain indian tribes) amounting to $581,800, and also held $13,000 of bonds of the chesapeake & ohio canal company, guaranteed by virginia. a settlement was ..... indebtedness, details of cost, physical characteristics, equipment, statistics of transportation, and a detailed statement, with an appropriate classification of earnings and expenses. by the same act, reports were required from canal and navigation companies. the master says: "the state was a stockholder in all of these page 238 u. s. 214 ..... the exchange, in cases where certificates for the remaining one third had not already been issued, were to receive certificates like those authorized by the act of 1871. while there was a refunding to some extent upon this basis, the legislation of 1879 very largely failed to accomplish its purpose, ..... of supporting testimony as to the facts recited, the master refers in his report to the provisions of the statutes of virginia. by the act of march 15, 1856, it was provided that every railroad corporation in which the commonwealth was interested as a stockholder or creditor should annually .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-30-1915
Reported in : 31Ind.Cas.965
..... whereof are given below in the thakbust map prepared by the compass which has up to date been held and possessed by me without the co-partnership of or interference by any one else.' and then there follow general words that may for the present purpose be disregarded. then at the foot ..... finally requires consideration for the determination of the question of limitation. the case is clearly within the scope of article 142 of the schedule to the indian limitation act. the plaintiff must prove that he was in possession within 12 years of the institution of the suit. he relies upon a statement, in an ..... laid in the evidence to support this assertion _nor, can the question, be raised at this stage by the defendant, who under section 54 of act xi of 1859 has not acquired any rights which were not possessed by the previous owners of the residuary share purchased by him. the distribution of ..... on the map of jaigir and in the heading of the map of harya. we next have proceedings before the revenue authorities after the land registration act of 1876 had come into operation. the application by mahomed bux for registration of his name, made on the 26th april 1877, treats jaigir and harya ..... annas share from hussaini bibi, another admitted proprietor. on the 12th march 1889, he took a usufructuary mortgage of three-annas share from mahomed bux, who acted in this transaction for himself and on behalf of his infant children, who, it is not disputed, were jointly interested in that share. there were then .....Tag this Judgment!