Court : Kolkata
Decided on : Feb-15-1927
Reported in : AIR1927Cal836
..... of the respondent that the course of dealings of the heirs of amanat shows that there must have been a contract to the contrary as mentioned in section 253, indian contract act, that the partnership would not be dissolved by the death of one of the partners, that is, akbar or amanat. the appellants contended that there is no such evidence while the ..... , are the properties mortgaged the properties of the firm? there is nothing on the record to show that the minors were admitted to the benefits of the partnership. if that is so, section 247, indian contract act, has no application to the present case, and i have already stated that there is nothing to show that the adult heirs of amanat had anything ..... after the death of amanat. therefore no inference can be made from the course of dealings with regard to the partnership that there was a contract to the contrary with regard to the provisions of sub-section (10) of section 253, contract act. further, nothing has been shown from the accounts of the business either of the plaintiff or that of akbar ..... to do with the partnership business as alleged.16. the next question is whether these are properties of the firm. there is no evidence on the record as to .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-29-1927
Reported in : AIR1927Bom560; (1927)29BOMLR1244
..... to others, they have a right to assume that it continues until they have notice to the contrary.7. next, turning to the english partnership act, 1800, which, it will be observed, was framed long after our indian contract act was passed, section 36 provides :-(1.) where a person deals with a firm after a change in its constitution he is entitled to treat ..... of death. in other words, the apparent wide meaning of the words used must in any event be considerably cut down. i should here refer to section 208 of the indian contract act, which provides that-the termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or, so ..... , or whether it was on a liability which accrued before that date. but i will deal with this second question later.3. turning, then, to section 264 of the indian contract act, it runs :-persons dealing with a firm will not be affected by a dissolution, of which no public notice has been given, unless they themselves had notice of such dissolution ..... sanj vartman, he was not liable for the liabilities which the continuing partners incurred after the date of his retirement, for that purpose he relied on section 264 of the indian contract act. mr. justice taleyarkhan decided this point against mr, pillani. the latter now appeals.2. there is another branch of the case altogether as to what in fact was the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-14-1927
Reported in : AIR1927Bom581; (1927)29BOMLR1296
..... , his estate being made liable subject to the prior payment of his separate debts for the unsatisfied debts of the firm : see section 9 of the english partnership act of 1890. section 43 of the indian contract act, however, appears to make all joint contracts joint and several : see motilal bechardass v. ghellabhai hariram i.l.r. (1892) 17 bom. 6, where farran j ..... those assets are real or personal, the right and the duty are co-extensive.11. section 38 of the partnership act, 1890, may also be referred to in this respect.12. turning next to the law of india, sections 239 to 266 of the indian contract act, 1872, deal with partnership. section 253(10) provides that, in the absence of any contract to the contrary ..... the estate and the surviving partners. similarly, sub-rule (2) (b) may enable them to claim contribution from the surviving partners under section 43 of the indian contract act in the event of there being a partnership liability.20. on the other hand, if in the course of a suit an injunction is asked against the legal representatives, ought that to be done ..... in the first place what view is taken in the english courts of the rules which originated there. so, too, as the indian law of partnership, so far as it is embodied in section 239 to 266 of the indian contract act, is largely taken from the english law of partner* ship, it is permissible to see what the english law is.4. now .....Tag this Judgment!
Court : Chennai
Decided on : May-04-1927
Reported in : AIR1927Mad841; (1927)53MLJ379
..... can the interest on the loans or advances made by the assessee to the partnership firm at penang be said to be income accruing or arising in british india within the meaning of section 4, clause 1 of the indian income-tax act, and (2) if the answer to the above question is in the ..... the mercantile basis of accountancy voluntarily adopted by the assessee, the interest is income which properly arises under section 4, sub-section 1 of the indian income-tax act. our answer to the first question referred to us is in the affirmative and in view of this answer the second question does not arise. ..... entered as interest on that money from penang and the assessee has in respect of that interest been assessed under section 4, subsection 1 of the indian income-tax act as income accruing, arising or received in british india. the assessee contends that interest so credited in the rangoon books is interest earned outside british ..... in penang. what he has done is to assess the profits of the rangoon business under section 10 of the indian income-tax act computed in the manner directed by section 13 of the same act. section 13 was no doubt introduced to obviate many difficulties. it is a great advantage to both traders and ..... in rangoon and that therefore it is not income arising under section 4, sub-section 1 of the indian income-tax act and is not income arising under section 2, sub-section 2 of the same act because it has never been received in british india. the short answer to that contention in our .....Tag this Judgment!
Court : Chennai
Decided on : Sep-12-1927
Reported in : AIR1928Mad107
..... that of which he is a member binds his co-partners....12. this is practically the same as section 5, partnership act (english act of 1890) which says thatthe 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....13. the test according to both ..... to include an arbitration clause. but assuming it to be so that would not make rajagopalaiyer's act in agreeing to clause 15an act (to use the words of section 251, indian contract act) usually done in carrying on the. business of such a partnershipthat is, the particular partnership which was existing between rajagopalaiyer and the appellant. but it has been contended for the respondents ..... the high court thought that the questions ought to be reserved for the consideration of the court. there is some force in this argument. still on the language of the indian act i am unable to agree with the appellant's contention whatever hardship my conclusion may entail upon parties to arbitration. i, therefore, decide this point also against the appellant.24 ..... contract. clause 15 of the agreement provided that if any difference should arise between the parties the matter should be referred to arbitration which was to be governed by the indian arbitration act of 1899. after he returned from karachi certain contracts were completed by acceptance. most of these were in august and a few in september. the present dispute before us .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-07-1927
Reported in : (1928)30BOMLR762
..... the question arises whether that property has been thrown into the assets of a partnership, that is a pure question of fact. in the present case that question of fact has been decided, and as far as can be seen, correctly decided, in favour of ..... the partnership property were liable to the obligations of the firm. the document signed by the appellants on june 12, 1922, in no way affected that liability.5. then arises a second ..... effect was that, in accordance with section 247 of the contract decree, which is applicable in zanzibar, tha two sons who were minors were admitted to the benefit of the partnership; and as the result of that admission, while they could not before they came of age be made personally liable for the obligations of the firm yet their shares in ..... question was this house part of the partnership assets? it has been found by both courts that it was part of the business assets, and of the partnership assets, and that concurrent finding of the two courts cannot now be disturbed. where partners are jointly entitled to property, and .....Tag this Judgment!
Court : Kolkata
Decided on : May-26-1927
Reported in : AIR1928Cal57
..... the business, there can be no question on the law as embodied in the indian contract act and laid down by innumerable eases. under section 251, contract act, the appellant is liable if the act of defendant 1 was necessary for or usually done in carrying on the business of the partnership of which he was a member. it is not the appellant's case ..... to the ostensible partners intended at the time to give credit only to them, yet he might afterwards pursue his remedy against the dormant partner, when discovered. section 251, contract act, which contains the law of partnership controls the relation between partners which is similar to the relation between principal and agent : and under section 231, contract ..... objection which must be decided on the evidence and on the facts of the case. the learned subordinate judge in dealing with the liability of the appellant under section 251, indian contract act, observed that not a word was said in the written statement to suggest that he was not liable for or was not bound by the ..... that defendant 1 did not act as a partner or his act was one which could be brought under the exemption to section 251. as to undisclosed or dormant partner the law is clear .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-08-1927
Reported in : AIR1927Cal850,103Ind.Cas.864
..... accordingly, the learned subordinate judge ordered thatas the decision of the case mostly depends upon the question whether it is an association or company or partnership consisting of more than 20 members, acquiring lands for the purpose of gain, and as no specific objection was taken in the defendants written statement ..... persons, more than twenty in number represented by the plaintiff in the suit, were not members of an unregistered company within section 4, indian companies act. during the hearing of the suit no issue was raised with respect to this question although a few casual questions were addressed to the ..... it was not registered under the companies act, the suit will be dismissed. but if the case does not come within the purview of section 4(2), indian companies act, the suit will be decided on ..... persons as mentioned in schedule 1 of the plaint formed a company or association or partnership for acquiring lands for the purpose of gain, and if so, whether the suit is maintainable under section 4(2), companies act. the court below will allow the parties to give evidence on the point and hear ..... their arguments, and if it is satisfied that they have formed a company or association or partnership for acquiring lands for the purpose of gain, and .....Tag this Judgment!
Court : Chennai
Decided on : Sep-16-1927
Reported in : (1928)54MLJ219
..... of the two years.2. the second question runs as follows:if the answer to the first question is that there is no partnership, was the income-tax officer right in refusing to deduct from the assessable income the portion of the profits which was paid to the employees as ..... agreement, they can be dismissed. the proprietor has also the power of altering the shares. on these facts, it is clear that this is not a partnership agreement and that these 33 persons were merely the employees of muhammad kassim and were entitled to certain shares in the profits when ascertained at the end ..... have executed the agreement of april 1922 (ex. a) are his partners in the business. the commissioner has found that this agreement does not constitute a partnership agreement and we entirely agree. apparently there is a provision that each of the executants is to have a certain share in the profits of the business ..... wages?the petitioner claims to deduct the shares payable to the employees under section 10 (ix) of the indian income-tax act, which runs:any expenditure (not being in the nature of capital expenditure) incurred solely for the purpose of earning such profits or gains.the income- ..... william phillips, kt., officiating c.j.1. the first question referred is 'whether there was a genuine and valid partnership'. this depends upon the construction of the agreement, dated the 11th of april, 1922, executed by 33 persons in favour of the petitioner. .....Tag this Judgment!
Court : Chennai
Decided on : Sep-16-1927
Reported in : AIR1927Mad1053
..... of the two years.2. the second question runs as follows:if the answer to the first question is that there is no partnership, was the income-tax officer right in refusing to deduct from the assessable income the portion of the profits which was paid to the employers as wages ..... agreement, they can be dismissed. the proprietor has also the power of altering the shares. on these facts, it is clear that this is not a partnership agreement and that these 33 persons were merely the employees of muhammad kassim and were entitled to certain shares in the profits when ascertained at the end ..... have executed the agreement of april 1922 (ex. a) are his partners in the business. the commissioner has found that this agreement does not constitute a partnership agreement and we entirely agree. apparently there is a provision that each of the executants is to have a certain share in the profits of the business ..... ?3. the petitioner claims to deduct the shares payable to the employees under section 10 (ix), indian income-tax act, which runsany expenditure (not being in the nature of capital expenditure) incurred solely for the purpose of earning such profits or gains.4. the income-tax ..... orderphillips, offg. c. j.1. the first question referred is 'whether there was a genuine and valid partnership.' this depends upon the construction of the agreements dated the 11th april 1922 executed by 33 persons in favour of the petitioner. the .....Tag this Judgment!