Court : Chennai
Decided on : Apr-04-1918
Reported in : (1918)35MLJ473
..... family, and that the rights and obligations arising out of such a relationship could not be determined by exclusive reference to the indian contract act. they, also, observed that the partnership created by the descent of an ancestral trade upon the members of a hindu undivided family has many but not all of ..... a minor helping in the family business as in the present case does not constitute admission to the benefits of the partnership within the meaning of section 247 of the indian contract act, but may be referred to his position as a minor member of the family.7. dealing with the present case ..... and inheritance acquired an interest in a joint family business did not necessarily become a partner, and could only become a member of the partnership by a consentient act on the part of himself and his partners. the observations in sanyasi charan mandal v. asutosh ghose i.l.r. (1914) cal. ..... ., decided that the minor's share was liable on the analogy of section 247 of the indian contract act, but did not apparently consider that the minor had by birth been 'admitted to the benefits of the partnership,' within the meaning of section 247 so as to make that section and section 248 applicable. ..... can he be made liable under section 248 of the indian contract act which makes a minor who has been admitted to the benefits of a partnership within the meaning of section 247 liable on attaining majority for all obligations incurred by the partnership since he was so admitted unless he gives public notice .....Tag this Judgment!
Court : Chennai
Decided on : Jul-24-1918
Reported in : 47Ind.Cas.958; (1918)35MLJ669
..... to the view that the estate would not be liable. it must be stated that there is practically no difference in language between the sections of the english partnership act and those of the indian contract act on this ground. 5. as i feft considerable doubt on the question, with diffidence, i examined the american law on the subject. in 30 cyclopaedia of law ..... decision certainly supports him. the learned chief justice, lord alverstone, says that 'there may be an obligation, but not the obligation alleged in the present case.' section 9 of english partnership act on which the decision is based provides that 'after his death his estate is also severally liable in a due course of administration for such debts and obligations.' the judgment ..... a deceased partner is not liable to third parties for what may be done after his decease, by the surviving partners,' (lindley on partnership bk. iv chap. 3 section 2 p. 708 sth edn.). section 9 of the partnership act, 1890 makes the estate of a deceased partner liable in a due course of administration for all debts and obligations of the firm ..... of the deceased partner but did not come forward until after his death. while section 249 indian contract act makes any partner liable for all debts and obligations incurred while he is a partner in the usual course of business by or on behalf of the partnership, section 261 provides that the estate of a partner who has died is not in the .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-27-1918
Reported in : AIR1918Bom20; (1919)21BOMLR190; 50Ind.Cas.437
..... to the definition of partnership as laid down in section 239 of the indian contract act the test is whether the persons have agreed to combine their property, labour, or skill in some business, and to share the profits thereof between them. similarly, under section 1 of the english partnership act, 1890 the test ..... balance due to seth with interest.'20. now it is a question of construction and an inference of fact whether this document constituted a partnership between genaji and the so-called sub-partners. in my opinion it clearly did. i suppose every practitioner who has any experience of drafting ..... decrease for three years the fixed seventeen and quarter annas of the above-mentioned partners in the shop.' clause 10 provides : 'the agreement of the partnership entered into herein is only of the new shop of seth genaji ookaji & co. the deposit belongs to genaji ookaji or his heirs and executors. ..... the agreement is made as follows which we the sub-partners have accepted.'19. then there are several other clauses all entirely consistent with a partnership. clause 3, i notice, is that the parties should settle the account and draw up the balance sheet each year and should transfer the ..... is whether the persons carry on a business in common with a view to profit. whichever test is adopted i think genaji was a partner in the present case and that his was not the case of a mere loan and a share in the profits contemplated by section 240. even if the partnership .....Tag this Judgment!
Court : Chennai
Decided on : Nov-06-1918
Reported in : (1919)37MLJ369
..... transaction is or is not a partnership transaction' and that ' it is erroneous to treat the question as purely a question of liability on ..... one of the partners for debts incurred by him in the carrying on the partnership business of purchasing brown sugar at mauritius for shipment to and sale at hongkong. their lorships say expressly at pages 274 and 275 that ' the indian contract act' 'rules parties in this case' and the question was ' whether the ..... to my mind, much bearing upon this point as liabilities of partners are governed not by hindu law but by sections 249 and 251 of the indian contract act.11. on the question whether the 1st defendant's payment of rs. 23 on the 17th february 1917 which was certified over her signature had ..... the decision in ammalu ammal v. namagiri animal (1916) 33 m.l.j. 644. i expressed the opinion that having regard to section 91 of the indian evidence act, two distinct causes of action did not vest in such cases in the creditor. in shummuganatha chettiar v. srinivasa aiyar i.l.r. (1916) mad. ..... not be expressly given by the parties sought to be made liable and that the agency to sign can follow from the act of the court or from rules of statutory or partnership law or the personal law of the defendant has been established by the case-law discussed fully in lakshmana chetty v. .....Tag this Judgment!
Court : Chennai
Decided on : Mar-26-1918
Reported in : (1918)35MLJ87
..... ship and he will not be entitled in any event to have his prayer granted' as regards the sale of the boat or boats used by the partnership.6. the preliminary objection on which the learned subordinate judge dismissed the case was due to a misapprehension and it must be remanded to him for ..... liable to the joint creditors; not from any doctrine peculiar to the earnings of a ship, but on the general principle applicable to the joint property of every partnership.' if, in this case, the thames had been employed on a whaling voyage, and the money now at the bank represented the cargo, no dispute could ..... profit from her use for which he had not accounted to the plaintiff.3. now, the learned subordinate judge having perused a section in lord lindley on partnership, on this extremely difficult subject, apparently has come to the conclusion that people who own a ship in common in no circumstances are partners. the law ..... time in his court namely, that the suit was not maintainable as assuming the facts alleged in the plaint to be true, there was in law, no partnership.2. these facts are contained in the 3rd, 4th and 5th paragraphs. paragraph 3 says that the plaintiff and the 1st defendant entered into an agreement ..... of a partner. that is clearly stated in all the books and in all the cases and there is no doubt that section 239 of the indian contract act has tended to import into the law of this country some of the very fine distinctions derived from the law of england where special reasons of .....Tag this Judgment!
Court : Chennai
Decided on : Mar-26-1918
Reported in : 47Ind.Cas.640
..... and he will not be entitled, in any event, to have his prayer granted as regards the sale of the- boat or boats used by the partnership. the preliminary objection on which the learned subordinate judge dismissed the case was due to a misapprehension and it must be remanded to him for disposal upon ..... to the joint creditors, not from any doctrine peculiar to the earnings of a ship, but on the general principles applicable to the joint property of every partnership. if, in this case, the thames had been employed on a whaling voyage, and the money now at the bank represented the cargo, no dispute could ..... from her use, for. which he bad not accounted to the plaintiff.3. now, the learned subordinate judge, having perused a section in lord lindley on partnership on this extremely difficult subject, apparently has coma to the conclusion that people who own a ship in common in no circumstances are partners. the law of ..... his court, namely, that the suit was not maintainable as, assuming the facts alleged in the plaint to be true, there was, in law, no partnership.2. these facts were contained in the 3rd, 4th and 5th paragraphs, paragraph 3 says that the plaintiff and the 1st defendant entered into an arrangement in ..... of a partner. that is clearly stated in all the books and in all the oases. and there is no doubt that section 239 of the indian contract act has tended to import into the law of this country some of the very fine distinctions derived from the law of england, where special reasons of .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-22-1918
Reported in : 48Ind.Cas.309
..... one of them.5. the learned pleader for the defendants. appellants refers to order xxx, rule 4, which lays down that notwithstanding anything contained in section 45 of the indian con-tract act, 1672, where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether before ..... of ram narain nursing doss v. ram chunder jankee loll 18 c. 86 : 9 ind. dec. (n.s.) 58 in a suit by surviving partners for the recovery of a partnership debt which became due during the life of a deceased partner, the representatives of such deceased partner, having regard to section 45 of the contract ..... act (ix of 1872), were held to be necessary parties. the title of the suit was--issur dass and jugarnath, surviving partners of nursing dass deceased who carry on business in .....Tag this Judgment!
Court : Chennai
Decided on : Mar-13-1918
Reported in : (1918)35MLJ581
..... courts have given a decree in favour of the plaintiff for half of rs. 1,200 (that is, rs. 600) which the ist defendant collected from the partnership-debtor in 1912 within three years of the suit, treating that rs. 600 as the half share of the defendants nos. 3 and 4 received by the 1st ..... the present suit in april 1915 for recovery of the of rs, 1,650 (rs,),237-8-0) recovered by the 1st defendant in 1911-12 from the partnership-debtor. (the plaintiff had been appointed receiver in the suit in which the shares of the defendants nos. 2 to 4 were attached in 1914) the suit ..... the argument of mr. a. krishnaswamy aiyar for plaintiff relating to 4th defendant's share of the amount received by the 1st defendant and based on lindley on partnership, 6th edition, page 692 or with the memorandum of objections. the result; is that the appeal is allowed and the suit dismissed, plaintiff to pay the 1st ..... it should be refunded to the payer.' i have quoted thus at a length which may be called wearisome to show how dangerous it would be for an indian judge like myself to deal in my own language with the nature, scope and extent of the action for money had and received or to classify accurately ..... was declared insolvent except, of course, that the rights and obligations of the partners continued in all things necessary for winding up the business of the partnership. (section 263 of the contract act.) when rajappa mudali was adjudicated an insolvent, he was entitled only to 1/4th share in the assets of the .....Tag this Judgment!
Court : Allahabad
Decided on : May-04-1918
Reported in : AIR1918All136; 46Ind.Cas.819
..... many miles from banda he no doubt visits the latter place from time to time on business.35. the suggestion is that he enters into contracts in partnership with one dhani ram who was also a witness in sarju singh a case, and dhani ram is said to be a friend of sarju, who, ..... grain of that kind. the chief point against him is that he did not come forward in the course of the somewhat amateur inquiry made by an indian municipal member. his statement, moreover, does not stand alone. it is supported by the evidence of sarju singh and muhammad saddik and directly corroborated by that ..... deny the truth of ram nihore's statement.11. the magistrate after the decision immediately issued notice to babu har prasad singh under the legal practitioners act and commenced an inquiry. he subsequently, as i have stated above, found that he had no jurisdiction and reported the matter for the orders of this ..... . the latter admittedly engaged the service of babu har prasad singh to watch his interests in the inquiry. matters dragged on till july 1915. the act charged amounted to a criminal offence and in that month the matter was made over to the police for inquiry and necessary action. the police inquiry ..... enquiry which the municipality held. he subsequently appeared for him at the trial before the court of session. but har prasad says that he was not acting on his behalf in the interval between the enquiry by the municipality and the trial at the court of session. har prasad also appeared professionally to .....Tag this Judgment!
Court : Allahabad
Decided on : May-22-1918
Reported in : AIR1918All24; (1919)ILR61All68; 48Ind.Cas.450
..... his story was much to the same effect. he had obviously been working on his own account and had in 1911, joined the present plaintiffs in partnership. he described in detail the present form of manufacture and the old form of manufacture. he explained that the acid was mixed formerly with the dry ..... the internal construction of the stove. dr. srivastava's evidence really consisted of no more than the recitation of what he had read in the journals, 'indian forester' and 'the commercial products of india,' we may say that the court below was mistaken in thinking that there was any legal ground for the admission ..... any way dealing with a stove manufactured in accordance with the plaintiffs' patent, and that the plaintiffs are entitled to a certificate under section 32 of the act. with regard to damages, the matter is not free from difficulty. we have already expressed our view of the defendants' conduct. we think it is clear ..... sell his evidence were not called, that the law did not permit him to put them into the box but that by another section of the evidence act he was bound by the answer of the witness. if that view is correct, dr. sandal's evidence stands untainted and untouched by the attack upon ..... was the reason of the reddish or brownish appearance of banslochan which had been seen and objected to in the past, his theory being that the acid acting upon the iron pan when hot would produce what he described as ferrous sulphate. he said that the furnace may be called a furnace on the .....Tag this Judgment!