Skip to content


Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1921 Page 1 of about 13 results (0.064 seconds)

Jan 27 1921 (PC)

Mahammad Kamil and ors. Vs. Haji Hedayatulla

Court : Kolkata

Decided on : Jan-27-1921

Reported in : 64Ind.Cas.861

..... 248 : 37 e.r. 322. it may be observed that the rule thus laid down has been incorporated in section 42 of the partnership act of 1890. the provisions of that act are not applicable in this country: but the rule itself is manifestly consistent with the principles of justice, equity and good conscience.4. the ..... as would nullify the effect of the rule contained in clause (10) of section 253 of the indian contract act. we must hence proceed on the assumption that the district judge has correctly held that the partnership was dissolved on the 3rd august 1915.3. the plaintiffs have argued that as the business has ..... defendant for managing the business. the plaintiffs as representatives of fazil will be entitled to the same share as fazil would have taken if the partnership had not been dissolved. the profits will be assessed on the basis of what may be found due to fazil at the time of his death ..... are of opinion that there is no room for doubt or discussion that the partnership was dissolved by the death of fazil on the 3rd august 1915, by virtue of the operation of clause (10) of section 253 of the indian contract act. it has, no doubt, been suggested on behalf of the appellants that ..... 3rd august 1915. leaving the plaintiffs as his representatives, who commenced the present litigation on the 13th september 1916, with a view to take the partnership accounts. the district judge has made a decree for dissolution and has directed the accounts to be taken from the 11th october 1913 to the 3rd .....

Tag this Judgment!

Jan 31 1921 (PC)

ismalji Haji Halimbhai Vs. Ismail Abdul Kadar

Court : Mumbai

Decided on : Jan-31-1921

Reported in : (1921)23BOMLR543

..... is prima facie entitled to pass a decree in favour of the plaintiff against the defendant for dissolution of partnership and for accounts unless the indian law of limitation bars the plaintiff's remedy in the indian courts.3. the case is no doubt a peculiar one because according to the statements in the plaint ..... chanchai. sulemanji died in 1902. his death would constitute the date of the dissolution of both the partnerships, it appears that after his death the second defendant as his creditor attached his interest in the delagoa shop in which the first defendant had no ..... partners, it is difficult to see how the second and third defendants are proper parties to the suit as they had never been members of the partnership. the plaintiff and sulemanji halimbhai were partners in a business at delagoa in south africa. with the first defendant they opened a retail business at ..... atul kristo bose v. lyon & coi.l.r (1887) cal. 457. the court there held that according to the construction to be placed upon the act, a man i who was in england when a cause of action against him accrued, and had remained there ever since, may be liable after an ..... that the law of limitation did not bar his remedy; and in this case the plaintiff is entitled to have recourse to section 13 of the indian limitation act. the plaintiff sues for dissolution and accounts; the defendant gays the suit is barred by limitation; the plaintiff says that from the date of the .....

Tag this Judgment!

Jan 31 1921 (PC)

ismailji Haji Halimbhai Vs. Ismail Abdul Kadar and ors.

Court : Mumbai

Decided on : Jan-31-1921

Reported in : AIR1921Bom460; (1921)ILR45Bom1228

..... prima facie entitled to pass a decree in favour of the plaintiff against the defendant for dissolution of partnership and for accounts unless the indian law of limitation bars the plaintiff's remedy in the indian courts.3. the case is no doubt a peculiar one because according to the statements in the plaint ..... . sulemanji died in 1902. his death would constitute the date of the dissolution of both the partnerships. it appears that after his death the second defendant as ms creditor attached his interest in the delagoa shop in which the 1st defendant had no ..... . it is difficult to see, how the second and third defendants are proper parties to the suit as they had never been members of the partnership. the plaintiff and sulemanji halimbhai were partners in a business at delagoa in south africa. with the first defendant they opened a retail business at chanchai ..... atul kristo bose v. lyon & co. (1887) 14 cal. 457. the court there held that according to the construction to be placed upon the act, a man who was in england when a cause of action against him accrued, and had remained there ever since, may be liable after an indefinite time ..... that the law of limitation did not bar his remedy; and in this case the plaintiff is entitled to have recourse to section 13 of the indian limitation act. the plaintiff sues for. dissolution and accounts; the defendant says the suit is barred by limitation; the plaintiff says that from the date of .....

Tag this Judgment!

Jun 05 1921 (PC)

Kumar Manmotha Nath Mitter Vs. Walter Locke and Co., and anr.

Court : Kolkata

Decided on : Jun-05-1921

Reported in : 68Ind.Cas.417

..... defendants, (1) walter locke & co. ltd., being a company registered under the english companies act; (2) walter locke & co. ltd. being a company registered under the indian companies act, (3) h. hobbs & co., a firm carrying on business in partnership at 4, esplanade east; and three persons named (4) j. b. fulton; (5) ..... the right to possession, section 11 provides as follows: 'not withstanding anything contained in the transfer of property act, 1882, the presidency small cause courts act, 1882, or the indian contract act, 1872, no order or decree for the recovery of possession of any premises shall be made so long as ..... fast, the defendant english company informed the plaintiff that there had been no transfer of the business of the english company to the indian company. the plaintiff on the faith of this assurance received the rents which had accrued previous thereto and which had not been received ..... the tenant pays rent to the full extent allowable by this act, and performs the conditions of the tenancy: ..... provided that nothing in this sub-section shall apply where the tenant has done any act .....

Tag this Judgment!

Aug 24 1921 (PC)

PulIn Bihari Roy and ors. Vs. Mahendra Chandraghosal and ors.

Court : Kolkata

Decided on : Aug-24-1921

Reported in : AIR1921Cal722,67Ind.Cas.10

..... must also make compensation to the firm for any loss occasioned thereby. this obligation is formulated in section 259 of the indian contract act and has long been recognised as a fundamental rule in the law of partnership: aas v. benham (1891) 2 ch. 244 : 65 l.t. 25, trimble v. goldberg (1908) a ..... the evidence. we are of opinion that this contention should prevail. session 257 of the indian contract act makes it obligatory upon each partner to render true accounts and full information of all things affecting the partnership to any partner or his legal representatives. the occasion in this case will, however, arise ..... after the preliminary decree is made at that stage each partner should be served with the notice contemplated by section 66 of the indian evidence act to produce such accounts and ..... proved to be at the time in his custody or under his control, the presumption recognised in illustration (g) to section 114 of the indian evidence act may be applied, namely, that evidence which could be and is not produced has been withheld because, if produced, it would be unfavourable to ..... evidence at a later stage without the consent of the other party or the order of the court, as provided in section 134 of the indian evidence act. the procedure as to notice was not followed in the court below, and it has transpired that some of the account-books namely, the .....

Tag this Judgment!

Jul 22 1921 (PC)

Mahomedbahi Huseinbhai Vs. Adamji Halimbhai

Court : Mumbai

Decided on : Jul-22-1921

Reported in : (1921)23BOMLR1086

..... .2. the facts are that husainbhai and sulemanji were paternal cousins, originally residents of bulsar, who traded in partnership in delagoa bay in portuguese south africa; that from that partnership money they purchased a house called 'a new house. husainbhai withdrew from the partnership in or about 1890 and came back to bulsar. as the original sale-deed of the house was in .....

Tag this Judgment!

Jan 17 1921 (PC)

Laxman Upendra Shanbhog Vs. Manjunath Damodar Prabhu and ors.

Court : Mumbai

Decided on : Jan-17-1921

Reported in : AIR1921Bom458; 64Ind.Cas.289

..... dissolved by agreement, and it was arranged that the defendant should hand over to the plaintiff all the account books and papers in connection with the partnership. the plaintiff wan to examine the said amounts and papers, and if he found that any balance was outstanding against the defendant, and if ..... was not barred by the agreement, since under paragraph 22 of schedule ii of the coda the last 37 words of section 21 of the specific belief act, 1877, shall not apply to any agreement to refer to arbitration, or to any award, to which the provisions of that schedule apply. as soon ..... it on its merits, as the arbitration had become impossible owing to the parties failing to agree to any particular course being followed after one arbitrator refused to act. the learned judge, having determined to decide the suit, then held that the suit was barred by the agreement. that, with all due respect, could ..... where a party to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed. in such cases the court may, not with standing such default, proceed ..... saying that if four months' time was allowed he would dispose of the matter. then the other arbitrator, the plaintiff's nominee, stated that he refused to act as an arbitrator. a ease, therefore, had arisen for an application to the court to remove the stay of the suit if the parties did not come .....

Tag this Judgment!

Jan 17 1921 (PC)

Laxman and Two ors. Sons and Hairs of the Deceased Upendra Santappa Sh ...

Court : Mumbai

Decided on : Jan-17-1921

Reported in : (1921)ILR45Bom1181

..... by agreement, and it was arranged that the defendant should hand over to the plaintiff all the account books and papers in connection with the partnership. the plaintiff was to examine the said accounts and papers, and if he found that any balance was outstanding against the defendant, and if ..... was not barred by the agreement, since under para. 22 of schedule ii of the code the last 37 words of section 21 of the specific relief act, 1877, shall not apply to any agreement to refer to arbitration, or to any award, to which the provisions of that schedule apply. as soon as ..... it on its merits, as the arbitration had become impossible owing to the parties failing to agree to any particular course being followed after one arbitrator refused to act. the learned judge, having determined to decide the suit, then held that the suit was barred by the agreement. that, with all due respect, could not ..... where a party to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed. in such cases the court may, notwithstanding such default, proceed to decide ..... saying that if four months' time was allowed he would dispose of the matter. then the other arbitrator, the plaintiffs nominee, stated that he refused to act as an arbitrator. a case, therefore, had arisen for an application to the court to remove the stay of the suit if the parties did not come .....

Tag this Judgment!

Mar 17 1921 (PC)

Re Albert Felix Seldana, Insolvent. Ex Parte Rai Sukhlal Karnani Bahad ...

Court : Kolkata

Decided on : Mar-17-1921

Reported in : 66Ind.Cas.715

..... time and place aforesaid all books, papers, correspondence, and accounts relating to transactions had between him and the said insolvent in connection with their partnership and dealings with the munitions board from the 16th of march 1918.' on the 15th end 17th of december 1920 karnani appeared before the registrar ..... , on the 18th august 1920, a complaint against seldana was filed by the munitions board, charging him with certain offences under certain sections of the indian penal code which may be shortly described as cheating, conspiracy to client and forgery. on the 26th of august 1920, a complaint was made against ..... why we should disturb the order made by mr. justice greaves. the appellant is entitled to the protection afforded by section 132 of the evidence act. mr. justice greaves had been careful to couple his order with a safeguard against improper questions being put to the appellant. the appellant undoubtedly comas ..... under section 36 are intended to be made ex parte and that this is the manner prescribed by the rules framed under section 112 of the act.' speaking for myself, i entirely agree with the learned judge. i only regret that the learned counsel did not draw our attention to that ..... the practice has never been questioned until the hearing of this appeal, the application was made under section 36 (1) of the presidency towns insolvency act, which runs as fellows: 'the court may, on the application of the official assignee or of any creditor who has proved his debt, at .....

Tag this Judgment!

Mar 22 1921 (PC)

MartIn and Co. Vs. the Secretary of State for India in Council

Court : Kolkata

Decided on : Mar-22-1921

Reported in : AIR1921Cal639,67Ind.Cas.909

..... in many, if not, most cases the investments in public companies have been made with a direct reference to other business carried on by the partnership. thus, for instance, the partnership acts as managing agents for a large number of companies. it is desirable that as such managing agents they should own shares in such companies and ..... paper-book was as follows: 'the business of the firm is and has been for very many years carried on under the terms of a deed of partnership which thus describes the business which the firm may carry on. the business of the firm shall be that of engineers, contractors architects, builders, merchants and ..... duty in respect of that business is payable, be or be deemed to be,--(a) the taxable income as finally ascertained for the purposes of the indian income tax act, 1918,' for the present purpose it is not necessary for me to read the remainder of that section. section 5, it appears from what i have ..... taxable income 'for the total period specified, ascertained according to the provisions of the indian income tax act of 1918. section 5(6), therefore, in corporates by reference chapter i of the income tax act.19. under section 6 of the excess profits duty act the 'standard profits' with which the 'profits in the accounting period' have to ..... lancelot sanderson, c.j.1. this is a reference under section 51(1) of the indian income tax act, 1918, and rule 31 of the excess profits duty rules.2. it appears that messrs. martin and co. were required to pay duty .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //