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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1933 Page 2 of about 22 results (0.058 seconds)

May 29 1933 (FN)

Vermont Vs. New Hampshire

Court : US Supreme Court

Decided on : May-29-1933

..... u. s. 616 not so find, and the fact does not clearly appear. in 1912, the new hampshire taxing authorities taxed seven corporations, three partnerships, and persons unknown having structures located on the vermont bank of the river near bellows falls at a valuation in excess of $1,000,000. ..... authority to make grants in the territory between the hudson and connecticut rivers. although suspended page 289 u. s. 600 during the french and indian wars, the conflict was renewed at the end of 1763, and in 1764 was submitted to the king-in-council for determination. new york ..... to congress by commissioners selected for the purpose under resolution of the vermont legislature of january 20, 1791, and the admission of vermont followed by act of congress of february 18, 1791. the acceptance by the vermont legislature on february 22, 1782, of the resolutions of congress of august 20, ..... congress was postponed, and no further progress was made towards the admission of vermont until july 16, 1789, when the new york legislature passed an act, reaffirmed march 6, 1790, authorizing the appointment of commissioners with power to declare upon such terms as they might think proper, the consent of ..... settlements. governor wentworth, construing his commission as extending the province of new hampshire westwardly at least to this line east of the hudson river, acting under authority of a royal commission, made, from about 1752 to 1764, numerous grants of townships in the territory west of the connecticut river, .....

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Jun 12 1933 (PC)

Asutosh Mukherjee and ors. Vs. Tarapada Mukherjee and anr.

Court : Kolkata

Decided on : Jun-12-1933

Reported in : AIR1934Cal308,150Ind.Cas.292

..... no application where there has been no common funds which ever went to start or implement the business; section 253, contract act, has for its foundation a contractual relation of partnership. these principles are entirely inapplicable to the present case unless one can find that the business was started out of common ..... in our judgment, tarapada's letters purport to proceed from a person who could have no pretensions to a claim on the ground of partnership, but who certainly had every claim upon the natural love and affection and esteem of his younger brother who would under ordinary circumstances have ..... in the plural in connexion with the suit, but it is obvious that from this an inference does not necessarily arise that there was a partnership between the brothers in connexion with the business against which the claim in the suit was made. people are in the habit in ordinary ..... . 19, ramdas chakravarti, is that after leaving this job as under-broker to messrs. schroder smidt andco , tarapada commenced a business in bones in partnership with certain other persons, namely a zamindar of sathkhira and two 'christians,' that tarapada contributed about rs. 3,000 to the capital of this business but ..... the joint family. but one earning member maintaining a whole family regularly all his life is almost a normal feature of joint families in indian society. the character and attendant circumstances of such payments as were made in this case destroy all the theories of such payments having been .....

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Jun 14 1933 (PC)

Utanka Lal Mukerjee and ors. Vs. Proprietors, (Firm) Nitai Chandra Sea ...

Court : Kolkata

Decided on : Jun-14-1933

Reported in : AIR1934Cal177,150Ind.Cas.69

..... for the judgment-debtors that nagendra babu sent word to him to come to all the partners for the decree money. in this case no deed of partnership is forthcoming. but it appears clear from the statement of the judgment-debtors in the passage to which i have just referred that he knew that the ..... been made in the text book. it can hardly be gainsaid that it is an accurate statement of law and that this was also the view taken in indian courts will appear from the decisions in the cases to which reference has been made, namely p.l.a. palaniappa chettiar v. v.l.a.r. ..... has been pointed out by the learned authors that it is obviously not just that a third person should be able to hold the firm liable for an act of one partners which he knew to be unauthorised; and such knowledge is necessarily conveyed by notice that the partner's authority is expressly restricted, in that ..... express authority to accept rs. 3,000, in full satisfaction of the dues. it was contended before him that under the provisions of section 251, contract act, nagendra as a partner had authority to give the release and thereby bind the other partners or rather the firm. but this objection was over-ruled although ..... rule of law which has been formulated by sir fredrick pollock and sir dinshaw fardunji mulla in their well-known commentary on the contract act under section 251 of the said act in the passage to be referred to presently. having regard to the fact, namely that the judgment-debtors had the knowledge that the .....

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Jun 22 1933 (PC)

Subodhchandra Niyogi Vs. Bhubalika Dasee

Court : Kolkata

Decided on : Jun-22-1933

Reported in : AIR1934Cal356

..... the joint family ; and this is common ground. the plaint further alleges that after bishwanath's death, rajkrishna, nabeen and umacharan started a joint family partnership business in castor oil seeds; that, on 21st july 1862, rajkrishna executed a will and died a short time after in the same year. in this ..... as this was property unknown to the testator. there is also some authority for saying that there is a difference between the indian and english law in this respect. under the indian law it would seem that a residuary clause does not apply to property unknown to the testator. in the case of kunthalammal ..... i do not think that the matter would have been carried any further by the examination of a few witnesses to prove collection of rent and isolated acts of possession.. for these reasons, i am of opinion that the plaintiffs' title has been extinguished, by adverse possession.36. i agree that no ..... by nabin's will narasingha got no share and the will of nabin has been wholly misconceived both by narsingha and his successor-in-interest; (5) that the acts which resulted from such misconception cannot make any change in the course of legal inheritance ; (6) that the will by narasingha is void ; (7) that ..... the father of the plaintiffs admitted in his last will that he had got only four annas share in the properties in suit, narasingha, by his acts and conduct by taking probate of nabeen's will, could not himself have claimed eight annas share and the plaintiffs as his (narasingha's, heirs .....

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Aug 11 1933 (PC)

Shivaprasad Singh Vs. Prayagkumari Debee and ors.

Court : Kolkata

Decided on : Aug-11-1933

Reported in : AIR1935Cal39

..... further accounts and inquiries to be taken and made on that footing. in edmonds v. robinson (1885) 29 ch d 170, which was a partnership action for dissolution and accounts and in which accounts and inquiries having been ordered a further direction was asked for in order to credit premium which ..... .' the rule of court in england, in this matter, is not the same as the statute law in this country (vide sections 351 to 354, indian succession act). peruvian guano co. v. dreyfus brothers & co. (1892) ac 166 is a very different case. the question was one of damages for detention ..... erroneous or wrong it may perhaps be reasonably expected that their lordships would have said something against it. their lordships have said:the english apportionment act of 1870 provides that after its passing, all rents, annuities, and other periodical payments in the nature of income are, unless it is ..... valuation the principles are well settled. in an action for specific restitution of chattels, the judgment is ordinarily in the alternative (section 10, specific belief act, and order 20, rule 10, civil p.c.) that the plaintiff do recover the possession of the chattels or their assessed value in case ..... proceeded.)presumption from withholding of evidence and non-production of articles.36. as regards the non-production of evidence, illus. (g), section 114, evidence act, says that the court may presume that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds .....

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Aug 21 1933 (PC)

Madhgouda Babaji Patil Vs. Halappa Balappa Patil

Court : Mumbai

Decided on : Aug-21-1933

Reported in : AIR1934Bom178; (1934)36BOMLR327

..... alleged partners of the plaintiff were not parties to the suit, the suit should be dismissed for non-joinder. beaman j. held that though the alleged partnership was proved, yet the suit could not be dismissed for non-joinder. beaman j. observed at p. 22 of the report as follows :certainly it ..... ground of non-joinder of a's brothers, it was considered too late to add them as co-plaintiffs by reason of section 22 of the indian limitation act. the brothers at the hearing expressed their willingness that ' a ' should sue alone. it was held that such assent did not obviate the necessity ..... suit proceeded with. as observed by jacob j. in guruvayya's case, such an amendment would not attract the operation of section 22 of the indian limitation act. 15. having regard to what has been stated above, i reverse the decree of the lower court, allow the appeal, and send the case ..... subsisting as between them and others claiming generally in the same interest, the determination (by application of the provisions of section 22 of the limitation act) of the date of institution of the suit as regards such freshly joined parties does not ordinarily affect the right of the original plaintiff to continue ..... concerns provided he was either previously authorised to represent it, or, in the absence of such authority, the other coparcener subsequently by words or conduct ratified his acts. in ramkrishna v. vinayak narayan i.l.r. (1910) bom. 354 : 12 bom. l.r. 219the facts were as follows: a hindu family living .....

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Aug 28 1933 (PC)

Popat Virji Vs. Damodar Jairam

Court : Mumbai

Decided on : Aug-28-1933

Reported in : (1934)36BOMLR844

..... lalji. in that written statement she stated that she had carried on the business in the name of damodar jairam till lately, but mulji had no authority to trade in partnership or pass the promissory note. when that suit was filed, chhabildas, the natural father of the second defendant (haridas), was appointed a guardian ad litem of the second defendant, and ..... that this rule cannot apply under all circumstances. this is only an illustration of a case showing the circumstances under which the same person may be a proper person to act as such guardian.20. having regard to these authorities, i shall examine the facts as they existed when mulji was appointed guardian in the zanzibar suit. [after discussing the facts ..... {corresponding to order xxxii, rule 3) was imperative upon this point; the court, after satisfying itself on the fact of the minority, was bound to appoint a proper person to act on behalf of the minors in the conduct of the case. these observations were approved by the privy council. their lordships emphasized that the courts should strictly follow the rules ..... , but to satisfy itself that the proposed guardian was a fit and proper person to represent the minor in the suit, to put in a proper defence, and generally to act in the interest of the minor : ram chandra das v. joti prasad i.l.r (1907) all. 675 in this connection strong reliance is put on behalf of the plaintiff .....

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Aug 31 1933 (PC)

V. Kothandapani Chetti Vs. K.C. Sreemanavedan Raja Alias Valia Kunhi T ...

Court : Chennai

Decided on : Aug-31-1933

Reported in : AIR1934Mad162; (1934)66MLJ625

..... inferred that the parties contemplated that the heir or heirs of dying partners should continue with the surviving partners and carry on the business of the partnership. it is unnecessary to discuss the several english and indian cases cited before us in which the question is raised whether, if such a provision is made, it is an imperative provision or gives only ..... contention is that we have to look at the real nature of the suit that is filed in court in determining whether a particular article of the limitation act is applicable. when srinivasaraghavacharya died in 1920, under section 253 of the indian contract act the partnership was dissolved by his death, subject to the argument to be noticed under the second heading. if the ..... and which the parties cannot prevent. all that the parties say in clause 21 in effect is that, apart from death they should not, by act of parties, allow outsiders to be concerned with the partnership. the devolution of the interest of one partner to his heir is a thing which has necessarily to be submitted to by the parties: but the ..... partnership was dissolved in april, 1920, there was no undis-solved partnership, for the dissolution of which the plaintiff had to file a suit. the partnership was dissolved by operation of law, and if .....

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Sep 21 1933 (PC)

Mathuradas Maganlal Vs. Maganlal Parbhudas

Court : Mumbai

Decided on : Sep-21-1933

Reported in : AIR1934Bom79; (1934)36BOMLR47; 150Ind.Cas.478

..... apply, so that that is in substance a repeal of the existing statutory provisions as to arbitration by agreement in cases to which the indian arbitration act applies, thus leaving the indian arbitration act as the only statutory provision as to agreements coming within its terms. then there is a proviso to section 3 to the effect that ..... other relatives of theirs were partners in a firm carried on in the name of the defendant, that is to say, as maganlal parbhudas, and that partnership was dissolved in 1929, when disputes arose between the parties which were referred by a written agreement to the arbitration of two gentlemen. it is further alleged ..... is a legal submission to arbitration.14. i respectfully agree with those observations, and inasmuch as i think that both the code of civil procedure and the indian arbitration act are not compulsory, but deal with methods of procedure for going to arbitration and enforcing awards, it is still, in my opinion, open, to those ..... it recites the written agreement to refer the questions in dispute between the partners in the firm of maganlal parbhudas in respect of that partnership, and when one looks at clause 9 of the award it deals with a question not between those partners, or relating to that ..... partnership, but a question between the plaintiff and defendant in relation to an outside matter, and if one took the award by itself it .....

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Nov 16 1933 (PC)

Mauladad Khan Vs. Faizullah Khan

Court : Mumbai

Decided on : Nov-16-1933

Reported in : (1934)36BOMLR227

..... preliminary decree was passed on october 22, 1923, declaring the shares of the parties in the partnership and ordering accounts to be taken. there was no appeal against this decree.2. on march 24, 1924, the subordinate judge passed a final decree under which a sum of ..... to this effect and dated march 1, 1929.4. in the meantime, however, the case had gone on in india as if no such appeal were pending. the district judge acted on the remand order of the judicial commissioner, accounts were taken by commissioners, their report was considered by the district judge, and on january 14, 1927, he delivered a judgment ..... macmillan, j.1. this is an unusual and a most unfortunate case. it began ten years ago with a suit filed for partnership accounts. the suit was instituted in the court of the district judge of dera ismail khan, but was transferred by him to that of the subordinate judge, by whom a .....

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