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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1923 Page 1 of about 22 results (0.056 seconds)

Mar 08 1923 (PC)

Chief Commissioner of Income-tax, Madras, Referring Officer Vs. Dorais ...

Court : Mumbai

Decided on : Mar-08-1923

Reported in : (1923)ILR46Bom673

..... the losses would not be recoverable from the joint family property. the members who actually take part in the trade may enter into a deed of partnership between themselves or between themselves and a stranger partner which of course would regulate their dealings inter se and with the stranger partner but need not ..... joint family.(2) the answer is in accordance with the preceding answer.7. the mere constitution of a partnership between some members of the family will not preclude the assessment in cases where the partnership is conducted on behalf of and for the benefit of the joint family.8. as we have been unable ..... if not, does the mere constitution of a partnership between some members of the family by a formal document preclude the assessment of the income of the partnership to super-tax as part of the income of the undivided family?2. when this case first ..... the specific questions put to us are as follows:(1) does the registration of the brothers as a firm as defined under section 2 (12) of act vii of 1918 preclude the assessment of the family as an undivided family to super-tax on the income derived from the business of this firm?(2) ..... is a case stated by the chief commissioner of income-tax to the high court under section 51 of the income-tax act (vii of 1918) read with section 6 of the super-tax act, 1920. the question for decision is* whether the assessees who are the registered firm of m. doraiswami ayyangar and brothers .....

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Mar 29 1923 (PC)

Lala Fakir Chand Alias Kullo Mal Vs. Nanug Ram and ors.

Court : Allahabad

Decided on : Mar-29-1923

Reported in : AIR1924All277; 74Ind.Cas.721

..... the death of narain das on the 23rd of october 1903. the law on the subject is contained in section 253(10) of the indian contract act, ix of 1872. the law itself is simple enough: whether the partnership be regarded as one entered into for the term of the minority of faqir chand, or whether it be not so regarded, the death ..... case and that the partnership did not come to an end under the provisions of clause (10) of that section when narain das breathed his last.41 ..... matter for fair inference' that narain das himself did not regard the partnership as one which would be automatically dissolved by his death.40. for these reasons i am of opinion that ft contract to the contrary, within the meaning of that expression in section 253(10) of the indian contract act, may fairly be inferred from the established facts of the present ..... law embodied in section 353, clause (10), of the indian contract act, ix of 1872. he has held that all the defendants, other than the heirs of narain das, are exempt from liability so far as this suit is concerned, because the suit could only be treated as one for dissolution of partnership and rendition of accounts, and could succeed if at all .....

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May 15 1923 (PC)

Jatti Vs. Banwari Lal

Court : Mumbai

Decided on : May-15-1923

Reported in : (1923)25BOMLR1256

..... been effected in 1876, and the business being carried on by the three brothers, the business became an ordinary partnership subject to the partnership act. on the death of rup chand, the plaintiff's husband, the partnership was dissolved and a right to an accounting arose. but rup chand died in 1905, and this suit was ..... time-barred as a suit for such an accounting. if, however, on rup chand's death the widow was admitted as a partner to a new partnership, then the date of dissolution would only be the raising of the suit and no limitation could apply. it is possible to read the averments of the ..... the separation of ishar das did not the remaining male members of the family become separate? (2) did they convert the joint family business into a partnership? the case went to trial and no evidence was produced by the plaintiff, except the account books of the firm, which showed that after ishar das ..... widow raised this suit against the remaining brother and the sons of the other who had pre-deceased, claiming accounts and payment of one-third of the partnership assets.3. the defence put up was two-fold. it was alleged that though in 1876 ishar das separated from this joint family, the other brothers ..... , it was said that assuming that there was a complete separation, the suit was time-barred under article 106 of the first schedule of the indian limitation act. the statement of the plaintiff as to what happened at her husband's death was not expressed with precision, but might be read as an .....

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Jul 02 1923 (PC)

In Re: Lalla Mal and Hardeo Das

Court : Allahabad

Decided on : Jul-02-1923

Reported in : (1924)ILR46All1

..... return was due from the objectors under sub-section (2) of section 22 of the indian income-tax act was the 5th of july, 1922. on this date there was not even in existence 'an instrument of partnership specifying the individual shares of the partners ' in the lalla mal hardeo das cotton spinning ..... return is due under sub-section (2) of section 22 of the indian income-tax act.' in rule 3 it is laid down that the application must be in a prescribed form and be accompanied by the original instrument of partnership under which the firm is constituted, together with a copy thereof. the ..... assistant commissioner, whose duty it was to make the assessment, by reason of a general order lawfully issued under section 5(4) of the indian income-tax act, completed his work on the 26th of january, 1923. one would have assumed that the same general order would have transferred to the assistant ..... were, during the financial year 1922-23. a 'registered firm,' within the meaning of that expression as defined in section 2(14) of the indian income-tax act. the commissioner, affirming the order of the assistant commissioner, has held that they were not; and the question has been referred to us in ..... carrying on the business. the objectors claim that this interest should be reated as an 'allowance' admissible under sction 10(2)(iii) of the indian income-tax act, and should, therefore, be deducted from the net profits of the year before these are assessed to income-tax. the assistant commissioner, who examined .....

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Jul 07 1923 (PC)

In Re: Lalla Mal-hardeo Das Cotton Spinning Mills

Court : Allahabad

Decided on : Jul-07-1923

Reported in : AIR1924All137; 75Ind.Cas.329

..... return was due from the objectors under sub-section (2) of section 22 of the indian income tax act was the 5th of july 1922. on this date there was not even in existence 'an instrument of partnership specifying the individual shares of the partners' in the lalla mal-hardeo dass cotton spinning ..... return is due under sub-section (2) of section 22 of the indian income tax act.' in rule 3 it is laid down that the application must be in a prescribed form and be accompanied by the original instrument of partnership under which the firm is constituted, together with a copy thereof. ..... assistant commissioner, whose duty it was to make the assessment, by reason of a general order lawfully issued under section 5(4) of the indian income-tax act, completed his work on january 26th 1923. one would have assumed that the same general order would have transferred to the assistant commissioner from ..... were, during the financial year 1922-23, a.'registered firm', within the meaning of that expression as defined in section 2 (14) of the indian income-tax act. the commissioner, affirming the order of the assistant commissioner, has held that they were not; and the question has been referred to us in ..... on the business. the objectors claim that this interest should be treated as an 'allowance' admissible under section 10(2) (iii) of the indian income tax act, and should, therefore, be deducted from the net profits of the year before these art assessed to incomt-tax, the assistant commissioner, who examined .....

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Jul 12 1923 (PC)

Raghumull Khandelwal Vs. the Official Assignee of Calcutta and ors.

Court : Kolkata

Decided on : Jul-12-1923

Reported in : 81Ind.Cas.17

..... between the parties to the agreement which is alleged to constitute a partnership.29. the english law on the topic as it stood after the leading case (an indian case be it noted) was codified in clause (3) of section 2 of the partnership act of 1890 (53 and 54, vic., c. 39). the clause ..... a commission on the net profits can never in law amount to sharing in the profits within the meaning of section 239 of the contract act which defines 'partnership' as the relation subsisting between persons 'who have agreed to combine their property, labour or skill in some business and to share the profits ..... business, and to share the profits thereof between them.' that is the definition of partnership within the meaning of the contract act: and, i desire to emphasize in this case, that which i have said on previous occasions, viz., that the principle which was ..... clause. if dorian evans and h.c. ghosh do certain things, and inter alia, if they 'do or suffer any act which would be ground for dissolution of the partnership by the court,' then the plaintiff as capitalist partner, 'may within three calendar months after becoming aware there of by notice ..... the smallest doubt that dorian evans was a partner of the firm in question.42. the section of the contract act which applies to the matter is section 239 which runs as follows: ' partnership is the relation which subsists between persons who have agreed to combine their property, labour, or skill in some .....

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Jul 17 1923 (PC)

William Rowe Rae Vs. Lewis Pugh, Evans Pugh and anr.

Court : Kolkata

Decided on : Jul-17-1923

Reported in : AIR1924Cal940,83Ind.Cas.970

..... the agreement dated 11th june, 1914, between pughand bowden would stand revived. the question arises, whether this agreement creates a partnership among pugh, bowden and rae, within the meaning of section 239 of the indian contract act which defines a partnership as follows:partnership is the relation which subsists between persons who have agreed to combine their property, labour or skill in some business and ..... to share the profits thereof between them.6. the requisite elements of a partnership are consequently as follows:(1) partnership is a relation between two or more ..... skill in some business and to share the profits thereof between them.30. co-ownership is not partnership and just as there may be a joint adventure which is outside the definition of partnership in the english partnership act, so it is possible that in india partnership and co-ownership do not exhaust the possibilities. it is to be observed that there is nowhere ..... by the end of 1919 there was a business within the meaning of the statute and i am further of opinion that whether there was a partnership within the definition of section 239 of the contract act, the question is of no importance to anybody, as no matter has arisen wherein the rights defined as the rights of partners by the .....

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Sep 04 1923 (PC)

In Re: Ambalal Sarabhai

Court : Mumbai

Decided on : Sep-04-1923

Reported in : AIR1924Bom182; (1923)25BOMLR1225

..... the terms of the document. in other words, it is contended that the persons who executed the document did not constitute a partnership within the meaning of the indian contract act. the document is sufficient, in my opinion, to constitute a partnership between the two executants of the document. the first clause of the document in terms provides that the said saraladevi ambalal has ..... and until those powers are exercised, i cannot see how the existence of those powers prevents the document constituting a partnership between these two persons.10. the reference lays stress upon the rules laid down in section 253 of the indian contract act. bat as regards these, it is enough to remark that these rules have no application when there is a contract ..... is by no means free from doubt, that we must apply the definition contained in section 289 of the indian contract act in considering the question of the construction of this document. the first clause in this document, as i read it, constitutes a partnership between ambalal and his wife, and if that is so, the inference would be, having regard to the ..... definition in section 239 of the indian contract act, that those two persons did agree to combine their property, labour or skill in the business which forms .....

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Sep 05 1923 (PC)

Saremal Punamchand Vs. Kapurchand Punamchand

Court : Mumbai

Decided on : Sep-05-1923

Reported in : AIR1924Bom260; (1923)25BOMLR1093

..... partnership as that of which he is a member binds his co-partners to the same extent as if ..... loan was necessary or usual in the kind of business done by the partnership and that no liability, therefore, attached to him in respect of the loan; and reliance was placed on section 251 of the indian contract act, 1872. the section is as follows:each partner who does any act necessary for, or usually done in, carrying on the business of such a ..... he were their agent duly appointed for that purpose.13. the question, therefore, is whether the act of the first defendant in borrowing the money from the plaintiff for the partnership business was an act necessary for, or usually done in, carrying on business of such a partnership as that of which the first defendant was a member. the leading english case on the ..... negotiis societatis, and may, consequently, bind all the other partners by his acts, in all matters which are within the scope and objects of the partnership. hence, if the partnership be of a general commercial nature, he may pledge or sell the partnership property; he may buy goods on account of the partnership; he may borrow money, contract debts, and pay debts on account of .....

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Nov 26 1923 (PC)

Ram Chandra Sahu and anr. Vs. Kasem Khan and anr.

Court : Kolkata

Decided on : Nov-26-1923

Reported in : AIR1925Cal29

..... kinahan v. parry (1911) 1 k.b. 459. it is plain that the view taken by wills, j. is not in conformity with section 5 of the partnership act, 1890, which is only declaratory of the previous law.14. the terms of that section may be usefully re-called here: 'every partner is an agent of the ..... firm and his other partners for the purpose of business of the partnership; and the acts of every partner, who does any act for carrying on in the usual way business of the kind carried on by the firm of which he is a member bind ..... thicknesse v. bromilow (1832) 2 cromp. & jr. 425.7. it has been argued that the deed of partnership, dated the 28th june, 1920, contained clauses which brought the case within the exception to section 251 of the indian contract act.8. our attention has been specially drawn to clauses 4 and 6. clause (4) provides ' that the ..... any act necessary for or usually done in carrying on the business of such a partnership as that of which he is a member, binds his co-partners to the same extent as if he were their ..... to criticism and there has consequently been considerable discussion at the bar as to the liability of a dormant partner.4. section 251 of the indian contract act which furnishes the guiding principle applicable to questions of the power of a partner to bind his copartners, is in these terms: 'each partner who does .....

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