Court : Chennai
Decided on : Mar-26-1941
Reported in : AIR1941Mad673; (1941)2MLJ152
..... must be looked upon as a juridical person. section 2(6-b) says that the words 'firm', 'partner' and 'partnership' have the same meanings respectively as in the indian partnership act, 1932, and section 4 of that enactment states that persons who have entered into partnership with one another are called individually 'partners' and collectively 'a firm'. this being the position, we are unable to ..... aside the order of the income-tax officer and directing that amritlal bhaichand shaw should be assessed on the entire profits as successor under section 26(2) of the indian income-tax act.4. we are concerned in this case only with the provisions of section 26(2) as it stands as the result of the amendment made in the year 1939 ..... it can be said that a firm which has been dissolved 'cannot be found' within the meaning of the proviso to sub-section (2) of section 26 of the indian income-tax act, 1922, notwithstanding that all the members of the firm are alive and can be found.2. the assessee is the proprietor of a business carried on under the style ..... say that the firm 'cannot be found', when all the partners are here and two of them have paid their proportionate share of the tax.7. the court is not concerned with any further provisions of the act which may .....Tag this Judgment!
Court : Chennai
Decided on : Mar-26-1941
Reported in : 9ITR502(Mad)
..... firm must be looked upon as a juridical person. section 2(6b) says that the words 'firm' 'partner' and 'partnership' have the same meanings respectively as in the indian partnership act 1932, and section 4 of that enactment states that persons who have entered into partnership with one another are called individually 'partners' and collectively 'a firm.' this being the position, we are unable to ..... aside the order of the income-tax officer and directing that amritlal bhaichand shah should be assessed on the entire profits as successor under section 26(2) of the indian income-tax act.'we are concerned in this case only with the provisions of section 26(2) as it stands as the result of the amendment made in the year 1939. the ..... it can be said that a firm which has been dissolved 'cannot be found' within the meaning of the proviso to sub-section (2) of section 26 of the indian income-tax act, 1922, notwithstanding that all the members of the firm are alive and can be found.the assessee is the proprietor of a business carried on under the style of ..... say that the firm 'cannot be found', when all the partners are her and two of them have paid their proportionate share of the tax.the court is not concerned with any further provisions of the act which may .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-07-1941
Reported in : (1941)43BOMLR888
..... is rs. 2,000. the defendants' objections are two: (1) that the assignment is executed only by seremal krishnaji and under section 19, sub-section (2), clause (c), of the indian partnership act, 1932, one partner in the plaintiff firm had no authority to do so; and (2) that there was an agreement between the plaintiff firm and the defendants which prevented the ..... in a trading firm has a right to assign a debt. this is an ordinary function of a partner and a transaction in the ordinary course of business of a partnership firm. but as a matter of policy the legislature has enacted that a partner has no implied authority to compromise or relinquish any claim or a portion of a claim ..... plaint, and, secondly, that he himself had made the application for execution. he has contended that this was done because each partner in his firm had authority to do all acts. on looking at the two documents it is clear that these statements are untrue. in view of these statements of seremal i am unable to accept his statement about the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-01-1941
Reported in : AIR1942Mad104; (1941)2MLJ490
..... of carrying on a chit fund was completed by the end of the fiftieth month, then there were was a dissolution of the partnership under section 42 of the indian partnership act. that would be on 14th may, 1928. if there was a dissolution on that date, then under article 106 of the second ..... schedule of the indian limitation act a suit for an account would have to be filed within three years from that date, unless in the ..... reference to arbitration and an attempt to settle the accounts and that there was an agreement for division of the assets and liabilities of the partnership between the partners. unfortunately the agreement pleaded by the plaintiff was denied by the defendant and the defendant succeeded in satisfying the lower courts ..... meanwhile there were acknowledgments within three years of each other. the lower appellate court held that the business of the partnership or the undertaking or adventure ..... suit out of which this second appeal arises for dissolution of a partnership which he and the defendant are said to have been carrying on. the business of the partnership consisted in the running of a chit transaction, both the partners acting as stake-holders. the chit was to be conducted for a .....Tag this Judgment!
Court : Chennai
Decided on : Oct-31-1941
Reported in : AIR1942Mad614; (1942)1MLJ137
..... view. varadaehariar, j., agreed with pandrang row, j. section 74 of the indian partnership act enacts:nothing in this act or any repeal effected thereby shall affect or be deemed to affect--(a) any right, title,. interest, obligation or liability already acquired, accrued or incurred before the commencement ..... of opinion between pandrang row, j., and venkataramana rao,. j. had to consider whether section 69, clause 2 of the indian partnership act was applicable to a suit filed after the passing of the act to a promissory note executed before the passing of the act. pandrang row, j., took the view that section 74 expressly saved the suit, venkataramana rao, j., taking a different ..... operation will not be given to a statute so as to affect, alter or destroy any tested right. see section 6, clause (c) of the indian general clauses act and section 8, clause (c) of madras act i of 1891. for to do so would result in great injustice, and it will be presumed that the legislature did not intend to deprive any ..... were in force on the date of its inception still continued to be in force, especially in view of section 38 of the interpretation act, 1889, and clauses 10 and 11 of the government of india (adaptation of indian laws) order, 1937. this is because no other provision has been made by the 'legislature or authority empowered to regulate the matter in .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-06-1941
Reported in : 10ITR60(MP)
..... of the assessment, and this it is argued was done.in our opinion the case is concluded by the provisions of section 25a of the income-tax act read with section 5 of the indian partnership act. sec. 25a, clause (1), says,'where, at the time of making an assessment under section 23, it is claimed by or on behalf of ..... business must be deemed to be a joint family business under clause (3) of section 25-a section 5 of the indian partnership act comes into operation and renders this agreement invalid. section 5 says, 'the relation of partnership arise from contract and not from status; and in particular, the members of a hindu undivided family carrying on a family ..... the above judgment. it relates to inquiries made behind the back of the assessee during the assessment or during the hearing of any proceedings under the income-tax act, of which he is a party. in the present case the assessee has full notice of what was being done since the business was assessed for more than ..... runs,where such an order has not been passed in respect of a hindu family hitherto assessed as undivided, such family shall be deemed, for the purposes of this act, to continue to be a hindu undivided family.'in the present case it is admitted that the members of the family are joint in status, but it is ..... this is an application under section 66 (3) of the indian income-tax act.the commissioner of income-tax refused to state a case, the applicants case us that chhedi lal and sons. on the 22nd july, 1934, he executed his .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-27-1941
Reported in : (1942)44BOMLR171
..... partnership firm under the provisions of that act showing balubhai, uttamchand and shantichand as partners. the minor gulabchand therefore contends that his ..... kallianchand in 1915, his sons amarchand and balubhai carried on business in partnership in the name of kallianchand sobhagchand. after the death of amarchand in 1932 balubhai, uttamchand and shantichand continued to carry on business in partnership in the same name. after the indian partnership act came into force, the firm of kallianchand sobhagchand was registered as a ..... share in these properties is not liable for the debts incurred by his two brothers and his uncle for the purposes of the business of then partnership ..... 2) even if the two branches constitute a joint and undivided hindu family, whether the firm of kallianchand sobhagchand was a joint family firm or a contractual partnership firm consisting of the insolvents as partners. it is clear that i cannot decide these issues on affidavits, and the only question that arises on this notice .....Tag this Judgment!
Court : Chennai
Decided on : Sep-23-1941
Reported in : AIR1942Mad182; (1941)2MLJ748
..... money. the prosecution has not examined any other partner of the firm; nor is there any evidence, except the fact that he withdrew money, from the partnership and kept it in his own custody, to show that he had any intention of defrauding the company. the explanation of the accused that he merely intended ..... any other person or persons, he did not commit an offence.5. there are two interpretations of the acts of the accused which would make him guilty of an offence punishable under section 407, of the indian penal code. one is that he intended to profit himself at the expense of his firm, of which ..... there was nothing in law prohibiting the accused from screening the money; from the government of india or the custodian of enemy property. if therefore the acts of the accused were done merely to screen the money from the government of india or the custodian of enemy property and he had no intention to ..... breach of trust or to some slightly lesser period for an offence under some other section of the code.4. the real question is whether the accused acted dishonestly, that is to say, whether he intended to cause wrongful loss or wrongful gain to any person. the accused's explanation was that he received ..... , even if there had been a dishonest intention; but i think that the wording of section 407 is wide enough to be attracted by a series of acts of this kind. the argument was not pressed because, as mr. v.v. srinivasa aiyangar points out, it matters very little to the accused whether he .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-15-1941
Reported in : (1942)44BOMLR380
..... nias was also decided on a statute similarly worded.13. emanuel v. symon lays down the general proposition that merely because the defendant had entered into a partnership, which worked within the jurisdiction of the local court, that court did not acquire jurisdiction over him personally if he was residing outside and was a ..... led on the point. both sides have led evidence. in my opinion the relevant facts proved are as follows :-1. that the defendant is a british indian subject.2. that at no time material to the litigation he had resided within the territories of h. h. the gaekwar.3. that although ranchhodji held ..... other legal proceedings and demands touching any of the matters aforesaid or any other matters in which the defendant may be held interested and generally to act as his attorney in relation to all matters in which he may be interested. it was pointed out that the agent at the date of the ..... of the kathore mahal court, inasmuch as he had given a power of attorney in favour of ranchhodji and because under similar representations bhuljibhai later on acted on his behalf, the defendant had agreed to submit to the jurisdiction of the court. it was urged that because in the power of attorney the ..... bhuljibhai did not hold any power of attorney in terms of exhibit no. 1 although he may have been described as ' kul mukhtyar ' and may have acted as a recognised agent of the defendant. he had ceased to do so and was living in builsar at the date of the suit, having left kosumba .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-15-1941
Reported in : AIR1942Cal283
..... were simultaneous proceedings in the supreme court of nova scotia and in the chancery court of the palatine of lancashire for the winding up of a partnership arranged in england to work mines in nova scotia. the palatine court restrained the plaintiff in the nova scotia proceedings from prosecuting those proceedings and that ..... of the codicil at antigua. 20. this decision may not bind this court which has to administer probate matters in accordance with the provisions of the indian statute law, but it is a good guide. mr. forbes could have obtained all the relief he was entitled to in the oudh court, but ..... been finally determined as far as it was possible to determine them finally without mr. forbes' assistance which he deliberately withheld. by section 2(b), succession act, a 'codicil' is 'an instrument made in relation to a will, and explaining, altering or adding to its dispositions and shall be deemed to form ..... in his judgment it could be disposed of more justly or conveniently in another district.... 15. this court has at least the discretion given by the act to the judge of a district. the deceased (testatrix resided at lucknow in the oudh province. it has never been suggested that she lived at ..... is in law entitled to go on, since, the deceased left property in the jurisdiction of this court1 and we have under section 270, succession act, jurisdiction to grant probate, and that we must hear and determine this application for grant of probate, whether it results in an impasse or a .....Tag this Judgment!