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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1920 Page 1 of about 15 results (0.077 seconds)

Mar 19 1920 (PC)

Haramohan Poddar and anr. Vs. Sudarsan Poddar and ors.

Court : Kolkata

Decided on : Mar-19-1920

Reported in : AIR1921Cal538,66Ind.Cas.811

..... b. & ald. 147 at p. 157 : 24 r. r. 307 at p. 314 : 106 e. r. 1147, of section 253 of the indian contrast act, the partnership was dissolved by the death of one of the original partners, namely, the father of the second and third defendants, in february or marsh, 1909; in ..... have contended that the suit is barred under article 106 of the schedule to the indian limitation act. that article provides that a suit for an account end a share of the profits of a dissolved partnership must be instituted within three years from the date of the dissolution. it is ..... by proof of express declaration or may be inferred from conduct. now, there can be no doubt that notwithstanding the retirement of gomasta?, the partnership in this case has been carried on as a continuing firm. this is obviously natural; the gomastas were no doubt called partners, but they ..... provides that a person who is under the ago of majority according to the law to which he is subject may be admitted to the benefits of a partnership, but can-not be made personally liable for any obligation ..... partnership continues. the first ground urged in support of the appeal cannot consequently be maintained.3. as regards the second point, it has been urged that no personal liability can be imposed upon the infant representatives of janaki nath poddar, one of the original partners. this contention is clearly well-founded. section 217 of the indian contract act .....

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Jan 21 1920 (PC)

Siddick Hajee Aboo Bucker Sait Vs. Ebrahim Hajee Aboo Bucker Sait and ...

Court : Chennai

Decided on : Jan-21-1920

Reported in : AIR1921Mad571; 70Ind.Cas.715

..... that the position of a family firm carried on by a cutchi memon is between that of a joint hindu family and that of a partnership under the indian contract act, and that cutchi memons acquire their father's estate as hindu 'universitas' which survives to them, as hindu after-born members acquire an ..... co.; that on the 10th july 1914 the joint family of the plaintiff on the one hand, and other partners, on the other, dissolved the partnership, the plaintiff's family receiving rs. 39,500 for their share and executing a deed of release dated 10th july 1914; that with the assets so ..... think that cutchi memons can be regarded as hindus within the meaning of the hindu wills act, by which section 242 of the indian success on hold them to be muhammadans to whom act with the clause subsequently added by act xiii of 1875 is made applicable to hindus. we know of no difference between cutchi ..... guardian of his brothers. it was subsequently renewed by all the three brothers. afterwards, the district court granted their mother a certificate of guardianship under act xx of 1864, as regards one of the brothers who was under sixteen. the mortgagee filed the suit against all the three brothers and their mother ..... of eastern origin and non-christian; faith, a british. court of justice will give effect to it, if it does not conflict with any, express act of the legislature. and, as i have before shown, that the succession -to an inheritance is one of those subject matters in which the english legislature .....

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Jun 02 1920 (PC)

Hari Abdullah and anr. Vs. Safiullah

Court : Kolkata

Decided on : Jun-02-1920

Reported in : 64Ind.Cas.204

..... does not furnish an answer to the claim of the plaintiffs. sub-clause (9) of section 253 of the indian contract act provides that 'where a partnership has been entered into for a fixed term, no partner can, during such term, retire, except with the consent of all the partners, ..... by arbitration, was infructuons because the arbitrators declined to decide the controversy.3. finally, the respondent has contended that he was obliged to leave the partnership business on account of the misconduct of the plaintiffs and, that such justification on his part disentitles the plaintiffs to damages. in our opinions this ..... in pursuance thereof or in regard to the rights or liabilities of any partner thereunder or to any other matter or things relating to the said partnership or the affairs thereof, such difference would be forth with referred to three arbitrators, one to be appointed by each of the parners or parties ..... to make it impossible for him to continue to be a member of the partnership, his remedy was under sub-section 5 of section 254, it was not open to him to act in contravention of the terms of the partnership deed.4. the result is that this appeal is allowed, the decree of ..... asutosh mookerjee, acting c.j.1. this is an appeal by the plaintiffs in a suit for damages for breach of obligation by their partner. the plaintiffs and the defendant entered into a partnership contract on the 29th november 1912. article 3 of the deed laid down that the business would be carried .....

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Jun 25 1920 (PC)

Kharidar Kapra Company, Limited Vs. Daya Kishan and ors.

Court : Allahabad

Decided on : Jun-25-1920

Reported in : AIR1921All306; (1921)ILR43All116

..... allowed to become barred by limitation, under article 106 of the first schedule to the indian limitation act, not having been brought within three years of girdhari lai's death. in fact the trial court holds that whatever partnership existed between the plaintiff company and girdhari lal was a contractual relation with that gentleman ..... that daya kishan took over the business previously carried on by girdhari lal under such circumstances and conditions as would amount to a fresh contract of partnership between himself and the plaintiff company. in our opinion, however, not only was no such case as this set up in the plaint, but ..... expenses of a particular deal in cloth and to share in the resultant profit or loss in the same proportion. these of course were contracts of partnership, pure and simple. in other cases apparently, girdhari lal would take a specified number of bales of cloth on his own account out of some ..... the latest of which is narain das v. ralli brothers (1915) 31 indian cases 45, in which the position has been taken up that other members of a joint family and particularly minor members, may become sharers in a partnership entered into by the managing member of the joint family. in so far ..... piggott and ryves, jj.1. this suit was brought by the kharidar kapra 1company, a limited liability company registered under the indian companies act, carrying on business at cawnpore as importers of and dealers in cloth. they sued through their managing director raghunandan lai. their .....

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Jun 25 1920 (PC)

Kharidar Kapra Company Vs. Daya Kishen and ors.

Court : Allahabad

Decided on : Jun-25-1920

Reported in : 58Ind.Cas.765

..... allowed to become barred by limitation, under article 106 of the first schedule to the indian limitation act, not having been brought within three years of girdbari lal's death. in fast, the trial court holds that whatever partnership existed between the plaintiff- company and girdhari lal was a contractual relation with that gentleman ..... question to this, laid down the principle that other members of a joint family must not be treated as necessarily or ipso facto partners in any partnership into which a member of the joint family, or even the manager of the joint family may see fit to enter. they based themselves, in ..... suggestion that daya kishen took over the business previously carried on by girdhari lal under such circumstances and conditions as would amount to a fresh contract of partnership between himself and the plaintiff-company. in our opinion, however, not only was no such case as this set up in the plaint, but such ..... expenses of a particular deal in cloth and to share in the resultant profit or loss in the same proportion. these, of course, were contracts of partnership pure and simple. in other cases, apparently, girdhari lal would take a specified number of bales of cloth on his own account out of some ..... 1. this suit was brought by the kharidar kapra company, a limited liability company registered under the indian companies act, carrying on business at cawnpore as importers of, and dealers iv, cloth. they sued through their managing director raghunandan lal. their cause .....

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Oct 25 1920 (PC)

Kakumanu Venkatasuryanarayana Vs. Akuthota Ramayya and Akuthota Venkat ...

Court : Chennai

Decided on : Oct-25-1920

Reported in : AIR1921Mad98; (1921)40MLJ153

..... the members of a joint family on attaining majority do not necessarily by virtue of sections 247 and 248 of the indian contract act or otherwise become personally liable to adjudication as an insolvent in respect of the debts contracted in the partnership business--during their minority. if the minors do not become personally liable for the debts contracted in the conduct of ..... my mind this proposition on the face of it is untenable; it would be abuse of language to call it an admission to the benefits of partnership such as section 247 of the contract act contemplates. the plaintiffs asked the district judge, when they were presented with these difficulties, for leave to amend the plaint by adding ramanamma, mother of defendants 1 ..... lead to this result. section 247 says that a minor may be admitted to the benefits of the partnership but cannot be made personally liable for any obligation of the firm, though the share of such a ..... the joint family business during their minority even on attaining majority, it follows that they are not so liable during the period of their minority. sections 247 and 248 of the indian contract act to my mind clearly .....

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Apr 15 1920 (PC)

Jagmohan NaraIn Vs. Grish Babu

Court : Allahabad

Decided on : Apr-15-1920

Reported in : AIR1920All210; (1920)ILR42All515; 58Ind.Cas.557

..... point is to be found at page 231 page of 42 c.-- ed. as the learned judges who decided the case have pointed out, section 247 of the indian contract act is very clear. it sets forth that 'a person who is under the age of majority according to the law to which he is subject may be admitted ..... . the present application is directed against the minor himself personally and the order of adjudication is clearly wrong in view of the terms of section 247 of the contract act. it is urged that the district judge had no power to annul the adjudication. we do not think there is any force in the contention, for the section ..... made on behalf of the minor that he could not legally be declared an insolvent and, therefore, the order should be annulled under section 42 of the provincial insolvency act. this was opposed. the district judge has held that a minor cannot be declared an insolvent and has annulled the adjudication in the case of the minor, one ..... 1. this appeal arises out of insolvency proceedings, apparently there was a partnership firm whish, at the time of the application for adjudication, consisted of two partners, banke behari lal and a minor called grish babu, certain creditors applied for an ..... to the benefits of a partnership but cannot be made personally liable for any obligation of the firm, but the share of such minor in the property of the firm .....

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Oct 06 1920 (PC)

The Secretary to the Board of Revenue Income-tax Vs. Al. Ar. Rm. Aruna ...

Court : Chennai

Decided on : Oct-06-1920

Reported in : (1921)ILR44Mad65

..... forth. schedule d is the relevant schedule. it applies to trade and professional profits which correspond to clauses 4 and 5 of section 5 of the indian act, namely, income derived from business and professional earnings. the language of schedule d is as follows:for and in respect of the annual profits or gains ..... view is taken by kekewich, j., in badham v. williams (1902) 86 l.t., 191 , dealing with the case of two solicitors going into partnership and getting a good deal of business in the first year for all of which they would only be paid later. in such a case, the learned judge ..... this was admittedly interpreted in practice, and i think rightly, as meaning the receipts of the previous year less the cost of earning them. in the indian income-tax act, 1918, 'income derived from business' forms the fourth of the six classes of income specified in section 5. by section 9 'the tax,' that ..... been liable to pay if assessed regularly under the schedule on the average profits for the three preceding years.13. coming now to the indian statutes, under the indian income-tax act, 1886, trade profits were chargeable under 'class d--other sources of income,' and under section 15(1) the assessment was to be ..... as the proper basis for the ascertainment of profits under the companies act.62. the same view was expressed in the case of badham v. williams (1902) 86 l.t., 191 by kekewich, j. there the question arose on a partnership and the learned judge points out the difference between the balance sheet .....

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Oct 06 1920 (PC)

The Secretary to the Board of Revenue Income-tax Vs. Al.Ar.Rm. Arunach ...

Court : Chennai

Decided on : Oct-06-1920

Reported in : AIR1921Mad427; (1920)39MLJ649

..... set forth. schedule d is the relevant schedule. it applies to trade and professional profits which correspond to clause 4 and 5 of section 5 of the indian act, namely, income derived from business and professional earnings. the language of schedule d is as follows: ' for and in respect of the annual profits or ..... same view is taken by kekewich j. in badham y. williams (1902) 86 l.t. 191 dealing with the case of two solicitors going into partnership and getting a good deal of business in the first year for all of which they would only be paid later. in such a case the learned ..... . this was admittedly interpreted in practice, and i think rightly, as meaning the receipts of the previous year less the cost of earning them. in the indian income-tax act, 1918 'income derived from business ' forms the fourth of the six classes of income specified in section 5. by section 9 ' the tax, that ..... have been liable to pay if assessed regularly under the schedule on the average profits for the three preceding years.7. coining now to the indian statutes, under the indian income-tax act, 1886, trade profits were chargeable under ' clause d. other sources of income,' and under section 15(1), the assessment was to ..... as the proper basis for the ascertainment of profits under the companies acts.28. the same view was expressed in the case of badham v. williams (1902) 86 l.t. 191 by kekewich, j. there the question arose on a partnership and the learned judge points out the difference between the balance sheet .....

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Oct 06 1920 (PC)

The Secretary to the Board of Revenue, Income-tax Vs. Al. Ar. Rm. Arun ...

Court : Chennai

Decided on : Oct-06-1920

Reported in : 59Ind.Cas.482

..... forth. schedule d is the relevant schedule. it applies to trade and professional profits, which correspond to clauses 4 and 5 of section 5 of the indian act, namely, income derived from business and professional earnings. the language of schedule d is as follows: for and in respect of the annual profits or gains ..... view is taken by kekewich, j., in badham v. williams (1902) 86 l.t. 191, dealing with the case of two solicitors going into partnership and getting a good deal of business in the first year for all of which they would only be paid later. in such a case the learned judge ..... this was admittedly interpreted in practice, and i think rightly, as meaning the receipts of the previous year less the cost of earning them. in the indian income tax act, 1918 'income derived from business' forms the fourth of the six glasses of income specified in section 5. by section 9 'the tax', that is ..... been liable to pay if assessed regularly under the schedule on the average profits for the three preceding years.6. coming now to the indian statutes, under the indian income tax act, 1886, trade profits were chargeable under 'class d other sources of income,' and, under section 15(1), the assessment was to be ..... as the proper basis for the ascertainment of profits under the companies acts.31. the same view was expressed in the case of badham v. williams (1902) 86 l.t. 191 by kekwich, j. there the question arose on a partnership and the learned judge points out the difference between the balance-sheet .....

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