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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1943 Page 1 of about 24 results (0.057 seconds)

Apr 20 1943 (PC)

Jaldu Manikyala Rao Vs. Jaldu Pydayya

Court : Chennai

Decided on : Apr-20-1943

Reported in : AIR1943Mad639; (1943)2MLJ130

..... court is not necessary for bringing about, the dissolution. such a dissolution would occur on the happening of any of the conditions mentioned in sections 42 and 43 of the indian partnership act, 1932, the second class of cases is where the intervention of the court is necessary in order to dissolve a firm while it is continuing. the conditions on the happening ..... defendant was dissolved by what their lordships described as writ and plaint claiming dissolution. no doubt the expression 'writ' applies to its indian counterpart 'summons.' the position therefore is that whatever the pleading in this case may be, the partnership between the parties was dissolved on the date of the plaint and there was nothing for the court to do in that ..... partners respectively. the action in that case as described by the learned district judge contained a claim for an account and a winding up of partnership. it was argued before us, that the proper provision of the act applicable to such a case was article 17-b of the second schedule which deals with claims incapable of valuation. such a contention is ..... a suit for an account under section 7, clause (iv)(f) of the court-fees act of 1870. section 265 of the contract act which was the part of the act dealing with partnership provides that where a partner is entitled to claim a dissolution of partnership, or where a partnership has terminated, the court may in the absence of any contract to the contrary, wind .....

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May 12 1943 (PC)

Gouri Dutt Ganesh Lall Firm Vs. Madho Prasad and Others

Court : Privy Council

Decided on : May-12-1943

..... applicable first in the payment of his separate debts and the surplus only is available for the payment of the debts of the firm. (see s. 262, indian contract act, now reproduced in s. 49, indian partnership act, 1982). to that extent the liability of the original debtor had been changed, and, in their lordships' view, a fresh and different liability had been substituted ..... the other partners and also severally, for all acts of the firm done while he is a partner. in the present case it was submitted the promisee forebore nothing in consideration ..... creditor. such is the result of s. 43, indian contract act, which enacts: when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one or more of such joint promisors to perform, the whole of the promise. similarly s.25. indian partnership act, provides: every partner is liable, jointly with all ..... for that which formerly existed. that novation may in india as in england constitute a good consideration for a fresh promise appears from s. 62, indian contract act, when it says: .....

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Nov 18 1943 (PC)

Sohrabji Dhunjibhoy Medora Vs. the Oriental Government Security Life A ...

Court : Mumbai

Decided on : Nov-18-1943

Reported in : AIR1944Bom166; (1944)46BOMLR279

..... is revocable, then it is contended on behalf of the appellants that it is only terminable on the reasonable notice, see section 206 of the indian contract act, and it is further submitted that reasonable notice should be three years. at the same time the appellants contend that they are entitled to commission ..... as claimed by them.34. the last question is in respect of the notice to be given to the appellants. under section 205 of the indian contract act, where an agent is employed for a feed period, the law provides for the consequences of not keeping him for the period. section 206 provides ..... exceptional cases only the authority is irrevocable. one such case is when the agent has an interest in the agency. that is recognised by the indian contract act also. it was argued that in the present case as dhunjibhoy medora had to spend his own money to build and develop the business in the ..... to the other class of persons who are described in section 40 as ' persons acting on behalf of an insurer who themselves employ insurance agents.' in, my opinion, what is defined by the act as ' an insurance agent' is not such a partnership as there was in this case. the firm of messrs. d.j. medora ..... & co. has been described as chief agents ; but in effect the firm managed a district clearing house for the respondent company. the act draws a clear distinction between .....

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Dec 17 1943 (PC)

Kotha Govindarajulu Chettiar Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Dec-17-1943

Reported in : [1944]12ITR97(Mad)

..... vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is succeeded in such capacity by another person, the change not being merely a change in the constitution of a partnership, no tax shall be payable by the first mentioned person in respect of the ..... similar to the facts of the present case. the members of a hindu undivided family separated and thereafter the members continued the family business in partnership. the question was whether the assessment of the total income of the family up to the date of separation should be made on the firm ..... carried on a money-lending business. on the 20th april 1940 a partition was effected, but the erstwhile coparceners decided to continue the business in partnership. a formal deed embodying the terms of separation was executed on the 10th may 1940. the joint family consisted of an uncle and two nephews. ..... the assessment must be in accordance with section 25a (2) of the income-tax act.'there is here an obvious fallacy. when a hindu joint family separates and its members carry on the family business in partnership, there is change in ownership. the business is no longer owned by the joint ..... objected to the assessment. the business had been assessed under the income-tax act of 1918. he claimed that the partnership had succeeded to the business of the joint family within the meaning of section 26 (2) of the present act and therefore the joint family was entitled to the relief contemplated by section .....

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Feb 16 1943 (PC)

Subal Chandra Bhur Vs. Md. Ibrahim and anr.

Court : Kolkata

Decided on : Feb-16-1943

Reported in : AIR1943Cal484

..... 1943 took out the present notice of motion for stay of that suit under the provisions of section 34, arbitration act, 1940. the petition refers to the deed of partnership and the arbitration clause therein contained and complains that khan bahadur has filed the suit in violation of the arbitration agreement ..... would in all probability also prove abortive. that arbitration cannot, in my opinion, be regarded as an arbitration under clause 18 of the deed of partnership, for the parties were different, the principal subject-matter of reference was the pending criminal cases and the mode of appointment of arbitrators, three in ..... respective legal representatives and whether during or after the determination of the partnership and whether in relation to the interpretation of these presents or to any act or omission of any party to the dispute or as to any act which ought to be done by the parties in dispute or any ..... single arbitrator in case the parties agree upon one, otherwise to two arbitrators one to be appointed by each party to the difference in accordance with and subject to the provisions of the indian arbitration act or any statutory modification thereof ..... of them or in relation to any other matter whatsoever touching the partnership affairs shall be referred to a .....

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Sep 27 1943 (PC)

In Re: Chimanlal Lalbhai Seth

Court : Mumbai

Decided on : Sep-27-1943

Reported in : AIR1944Bom148; (1944)46BOMLR118

..... of the firm was the same as it was during the time when ashokbhai was a minor and he was only entitled to the benefits of the partnership. it is impossible to hold that although at the time of the assessment of the firm the constitution of the firm was a particular constitution, at ..... 1937, and it is not disputed that ashokbhai was a minor during the whole of this previous year, and he was only entitled to the benefits of the partnership. therefore, as fa as section 16, sub-section (3), is concerned, the profits coming to the share of ashokbhai had to be included in the assessment ..... shall be included so much of the income of a minor child as arises directly or indirectly from the admission of the minor to the benefits of partnership in a firm of which such individual is a partner. now it cannot be disputed that for the purpose of computing the total income the relevant ..... the year 1938-39.2. the facts are that ashokbhai attained majority on january 24, 1939. prior to that he was admitted to the benefits of the partnership. the assessment of the firm which was for the year 1938-39 was completed on july 4, 1938. the assessment of the assessee was completed on ..... share of the profits going to ashokbhai should be included in his own separate assessment3. the question for determination really turns on the construction of two sections of the indian income-tax act, 1922 : (1) section 16, sub-section (3) ; and (2) section 26, sub-section (1). the relevant portion of section 16, sub-section .....

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Sep 27 1943 (PC)

Seth Chimanlal Lalbhai, in Re.

Court : Mumbai

Decided on : Sep-27-1943

Reported in : [1944]12ITR199(Bom)

..... of the firm was the same as it was during the time when ashokbhai was a minor and he was only entitled to the benefits of the partnership. it is impossible to hold that although at the time of the assessment of the firm the constitution of the firm was a particular constitution, at ..... 1937, and it is not disputed that ashokbhai was a minor during the whole of this previous year, and he was only entitled to the benefits of the partnership. therefore, as far as section 16, sub-section (3) is concerned, the profits coming the share of ashokbhai had to be included in the assessment of ..... shall be included so much of the income of a minor child as arises directly or indirectly from the admission of the minor to the benefits of partnership in a firm of which such individual is a partner. now it cannot be disputed that for the purpose of computing the total income the relevant period ..... year 1938-39.the facts are that ashokbhai attained majority on the 24th of january 1939. prior to that he was admitted to the benefits of the partnership. the assessment of the firm which was for the year 1938-39 was completed on the 4th of july 1938. the assessment of the assessee was ..... share of the profits going to ashokbhai should be included in his own separate assessment.the question for determination really turns on the construction of two sections of the indian income-tax act, 1922 : (1) section 16, sub-section (3); and (2) section 26, sub-section (1). the relevant portion of section 16, sub-section (3 .....

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Nov 24 1943 (PC)

Bhagwanji Morarji Goculdas Vs. the Alembic Chemical Works Co. Ltd.

Court : Mumbai

Decided on : Nov-24-1943

Reported in : AIR1943Bom385; (1944)46BOMLR265

..... of these presents contained.clearly contemplates the introduction of new partners into the firm. this clause is only consistent with an attempt to endow the partnership with what sir john beaumont has described in the case to which i will presently refer as : ' the attributes of a corporation having perpetual ..... the management of the respondent-company's affairs.6. by an assignment dated october 5, 1939, amin retired and assigned bis share in the partnership to his son. so that as from the date of such assignment none of the original partners were concerned with the business. on november ..... amongst other reasons he pointed out, that any claim for breach of any suchnew agreement would be statute barred as the time under the indian limitation act is three years only. further that even if such difficulty could be overcome, b.d. amin would be a necessary party to this ..... indian companies act, 1936, in order to set a limit to the authority of such agencies; but the act is not retrospective except that by section 87a managing agencies existing when the act came into force can only survive for twenty years from that date.14. the agreement of 1907 is an agreement for services to be rendered by the partnership ..... to the company, and for employment by the company of the partnership. mr. coltman has submitted .....

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Mar 22 1943 (PC)

Wallace Bros. and Co. Ltd. Vs. Commissioner of Income Tax, Bombay.

Court : Mumbai

Decided on : Mar-22-1943

Reported in : AIR1944Bom1; [1943]11ITR559(Bom); (1943)45BOMLR929

..... in bombay, what exactly is meant by the expression "sleeping partner," i am not sure. seeing that the english company is entitled under the articles of partnership to a 14/32 share in the profits of the bombay firm and that it can dismiss any other partner on six months' notice, i apprehend ..... general in council (1943) since reported in 11 i.t.r. 393, in which the court held that explanation 3 to section 4 of the indian income-tax act was ultra vires, no doubt partly on the ground that it was of an extra-territorial character. i do not find myself in agreement with all ..... is in the affirmative. 14. the second question is : are the provisions of section 4a(c) and 4(1)(b)(ii) of the income-tax act ultra vires the indian legislature ? the answer is in the negative. the answer to this question depends on that to the first one. 15. the third question is : is ..... in substance only one question calls for serious consideration, and that is whether the provisions of section 4a(c) of the indian income-tax act, 1922, a sub-section introduced by the amending act of 1939, are ultra vires in whole or in part. that sub-section provides that a company is resident in british ..... generality of the powers conferred by the preceding sub-section." then section 100 and the seventh schedule enumerates in three lists the matters on which the indian legislatures may make laws, the first list being matters on which the central legislature can legislate, the second list being those on which the provincial legislature .....

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Jul 22 1943 (PC)

Wallace Bros. and Co. Ltd. Vs. the Commissioner of Income-tax

Court : Mumbai

Decided on : Jul-22-1943

Reported in : (1943)45BOMLR929

..... in bombay, what exactly is meant by the expression 'sleeping partner,' i am not sure. seeing that the english company is entitled under the articles of partnership to a 14/32 share in the profits of the bombay firm and that it can dismiss any other partner on six months' notice, i apprehend ..... co. ltd. v. governor-general in council : [1943]11itr393(cal) , in which the court held that explanation 3 to section 4 of the indian income-tax act was ultra vires, no doubt partly on the ground that it was of an extra-territorial character. i do not find myself in agreement with all ..... is in the affirmative.14. the second question is :are the provisions of section 4a(c) and 4(1)(b)(ii) of the income-tax act ultra vires the indian legislature ?the answer is in the negative. the answer to this question depends on that to the first one.15. the third question is : ..... in substance only one question calls for serious consideration, and that is whether the provisions of section 4a(c) of the indian income-tax act, 1922, a sub-section introduced by the amending act of 1939, are ultra vires in whole or in part. that sub-section provides that a company is resident in british ..... generality of the powers conferred by the preceding sub-section.' then section 100 and the seventh schedule enumerates in three lists the matters on which the indian legislatures may make laws, the first list being matters on which the central legislature can legislate, the second list being those on which the provincial legislature .....

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