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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 1947 Page 1 of about 22 results (0.080 seconds)

Sep 24 1947 (PC)

Sherbanubai Jafferbhoy Vs. Hooseinbhoy Abdoolabhoy

Court : Mumbai

Decided on : Sep-24-1947

Reported in : AIR1948Bom292; (1948)50BOMLR89

..... signed in march 1946.28. the third objection which has been made to the validity of the award turns on section 48 of the indian partnership act. section 48 of the indian partnership act provides that the assets of the firm, including any sums contributed by the partners to make up deficiencies of capital, shall be applied in ..... of opinion that there is an error of law patent on the face of the award in so far as this provision of section 48 of the indian partnership act is flouted in the terms of the award.29. as a result of the above, i have come to the conclusion that the award of the ..... or that there was any agreement arrived at between the parties which would be an agreement as required by the provisions of section 48 of the indian partnership act. it was further argued that the assets were of a negligible value and that therefore when the arbitrator awarded the assets to the first respondent under ..... rs. 34,180 and that there was no provision made in the award as it should have been done if the terms of section 48 of the indian partnership act were adhered to, for paying the debts to third parties before any part of the assets could be handed over to respondent no. 1. it was ..... had no jurisdiction to make such a provision in the award. now, the position with regard to that contention is this. under section 46 of the indian partnership act when there is a dissolution every partner has the statutory right to have the assets of the firm applied in payment of the debts and liabilities of .....

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Jul 29 1947 (PC)

Lala Lachhman Das Vs. Commissioner of Income-tax, Punjab, N.W.F. and D ...

Court : Mumbai

Decided on : Jul-29-1947

Reported in : (1948)50BOMLR543

..... nature of a joint hindu family do not arise; such of its members as in fact enter into contractual relations with the stranger alone become partners and the partnership would be governed by the indian partnership act.authority for this proposition, it would appear, was to be found in mayne's hindu law, 9th edn., p. 398, and in a decision of this board ..... for a reference to the high court. in that application it was stated that the following questions of law arose:(1) can there be a partnership within the meaning of section 2 (6b) of the indian income-tax act, 1922, between a hindu undivided family as such on the one part and one of its undivided members in his individual capacity on the ..... -annas share of the profits had been allocated to daulat ram ; there was no written instrument of partnership, but it had been shown before the tribunal that a certificate of registration of the firm was granted by the registrar of firms under the indian income-tax act on march 2, 1938. the case further stated that the suggestion that daulat ram was simply ..... other part?(2) even if such a partnership was permissible in law, is there any evidence on record in this case to show the existence of such .....

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Jul 07 1947 (PC)

Shanmugha Mudaliar Vs. P.V. Rathina Mudaliar and anr.

Court : Chennai

Decided on : Jul-07-1947

Reported in : AIR1948Mad187; (1947)2MLJ241

..... died before the suit the second defendant was joined by way of abundant caution. the only other material fact to be recorded is that the partnership was never registered as required by section 58 of the indian partnership act.3. the suit was instituted in the court of the additional district munsiff of ami. by his written statement the first defendant made a number ..... affect any right or power to realise the property of a dissolved firm. it is to be noticed that the indian partnership act places no prohibition upon an unregistered partnership making contracts either between the partners inter se or with some third party nor upon an unregistered partnership acquiring property or assets. all that it does is to make a suit instituted by an unregistered ..... of pleas one of which was that the suit was not maintainable by reason of the provisions of section 69 of the partnership act, particularly sub-section 2 which provides ..... lower court, followed that decision and the appeal failed.4. sub-sections (1) and (2) of section 69 of the partnership act forbid the institution of a suit to enforce a right arising from a contract in respect of a partnership when the partnership is not registered. sub-section (3) of the same section, however, provides that the provisions of sub-sections (1) and .....

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Oct 17 1947 (PC)

Govindan Nair Vs. Nagabhushanammal and anr.

Court : Chennai

Decided on : Oct-17-1947

Reported in : AIR1948Mad343; (1948)1MLJ331

..... illustration in my opinion exactly applies to the facts of the present case. the same distinction is provided by explanation 1 to section 6 of the indian partnership act, which reads as follows:the sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does ..... not of itself make such person partners.4. as stated already it is very difficult to apply the definition of partnership contained in section 4 of the act to the facts of the present case as the plaintiff and the first defendant did not carry on any business in respect of tea ..... plaintiff and the first defendant are joint owners. even according to the facts as alleged by the plaintiff the relationship constituted by them would not be a partnership. nothing more is done by the parties than utilising the common property and obtaining a return for such use by leasing the property for rent. the ..... at page 32,if each owner does nothing more than take his share of the gross returns obtained by the use of the common property, partnership is not the result.2. at page 33 the learned author observes,moreover, part owners who divide what is obtained by the use or ..... shop except leasing the common property for rent. i am therefore of opinion that in this case the essentials that go to constitute the relationship of partnership are .....

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Jul 21 1947 (PC)

Noel Frederick Barwell Vs. John Jackson and ors.

Court : Allahabad

Decided on : Jul-21-1947

Reported in : AIR1948All146

..... right to coerce the minority.45. i may, by way of illustration, mention the case of partnership where, before the modification made by the indian contract act in india and the partnership act in england, a partnership could be dissolved only by the unanimous vote of the partners.45a. on the question of interpretation ..... right to claim contribution. three points were prominently brought out in the judgment of lord lindley, firstly, that a club was not a business partnership, secondly that there was an implied term in the contract that a member was only liable foe the subscription according to the rules and for nothing ..... of holding property. we find, however, that there are valuable properties attached to these clubs. as the object is not profit sharing the law of partnership does not apply, as there is no 'charity' in the case, if there is any idea of a trust, it must be a trust, ..... with the view that vague and general words which may be found in the memorandum of association of company or the articles of partnership would not entitle a company or a partnership really formed for one particular object into being turned into something wholly different.47. similarly, in hole v. garnsey (1930) ..... 1930 a.c. 472 it was held that an alteration in the rules of a society registered under the industrial and provident societies act, 1898, was .....

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Jul 02 1947 (PC)

Brijlal Ramjilal Vs. Govindram Gordhandas Seksaria

Court : Mumbai

Decided on : Jul-02-1947

Reported in : (1948)50BOMLR556

..... the five respondents, and one other person who is now represented by his heir, the fifth respondent entered into a deed of partnership. the partnership business was 'that of acting as the managing agents and selling agents of the indore malwa united mills ltd.' and was to be carried on 'at indore ..... to arbitration 'in accordance with and subject to the provisions of the indian arbitration act, 1899, or any statutory modification thereof for the time being in force ' so far as appears from the record, the business of the partnership was always carried on at indore.2. by the end of 1940 ..... , so that the appellants came under a duty to abide by it, it would be futile to ask the court to declare that the partnership was still subsisting, and their lordships think that the wisdom of this concession cannot be doubted. it is perhaps well to add that the interpretation ..... filed objections to the filing of the award, which included the objections that the arbitrator had 'misconducted himself within the meaning of the arbitration act' (scilicet the indore arbitration act) and had ' given his decision on matters not referred to him for decision and without jurisdiction ' the other partners filed ' cross-objections ..... , the appellants pleaded in the course of the suit which has given rise to this appeal that the arbitration was 'governed by the indore arbitration act,' and until the hearing at their lordships' bar all the parties appear to have acquiesced in this view.3. on february 8, 1941, the .....

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Apr 02 1947 (PC)

P. Gannu Rao Vs. P. Thiagaraja Rao and anr.

Court : Chennai

Decided on : Apr-02-1947

Reported in : (1948)2MLJ606

..... for stay of proceedings can be taken out by a party before delivering any pleadings or taking any other steps in the proceedings.it will thus be seen that the indian act has adopted the identical words with regard to the participation of the party concerned in the proceedings pending in the court by laying down that it is only before he ..... power to order that the agreement shall cease to have effect, and power to give leave to revoke any submission made thereunder. there is no such corresponding provision in the indian arbitration act of 1940, to order that the agreement shall cease to have effect and that the submission should be revoked, but in exercising a discretion to stay proceedings, the court ..... against the other two partners for dissolution of partnership and for accounts, the date of the suit being 27th february, 1947. on ..... between the plaintiff and the defendants, the date of the deed of partnership being the 15th september, 1943. according to clause (1) of that contract, in the event of any dispute between the partners regarding the partnership the same shall be settled by arbitration under the indian arbitration act. the suit was filed by p. thiagaraja rao one of the parties to this contract .....

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Jul 02 1947 (PC)

Brijlal Ramjidas and Another Vs. Govindram Gordhandas Seksaria and Oth ...

Court : Privy Council

Decided on : Jul-02-1947

..... statutory modification thereof for the time being in force." so far as appears from the record, the business of the partnership was always carried on at indore. [2] by the end of 1940 there were disputes between ..... 1935, the two appellants, four of the five respondents, and one other person who is now represented by his heir, the fifth respondent, entered into a deed of partnership. the partnership business was "thatofactingasthemanagingagentsandsellingagentsoftheindoremalwaunitedmillsltd." and was to be carried on "at indore or at such other place or places as the partners shall or may from time to time agree ..... if the award was valid, so that the appellants came under a duty to abide by it, it would be futile to ask the court to declare that the partnership was still subsisting, and their lordships think that the wisdom of this concession cannot be doubted. it is perhaps well to add that the interpretation of the arbitrator's ..... upon." an arbitration clause in the deed provided for the reference of disputes to arbitration "in accordance with and subject to the provisions of the indian arbitration act, 1899, or any .....

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Feb 05 1947 (PC)

Megh Raj Vs. Allah Rakhia

Court : Mumbai

Decided on : Feb-05-1947

Reported in : (1947)49BOMLR516

..... the concurrent legislative list);wills, intestacy, and succession, save as regards agricultural land. (entry no. 7);transfer of property other than agricultural land... (entry no. 8);contracts, including partnership, agency, contracts of carriage, and other special forms of contract, but not including contracts relating to agricultural land. (entry no. 10);8. the precedence of the concurrent list is ..... invoking concurrent powers of the province under list iii, because the provisions which had to be invoked for this purpose were repugnant to existing indian laws and were thus invalid under section 107. they instanced the indian contract act, sections 37, 69 and 70, and the code of civil procedure, section 4(1) and (2) and section 9 as containing ..... in this list; procedure in rent and revenue courts.must also be considered.7. the matters enumerated in list iii (concurrent legislative list) in respect of which both the indian legislature and a provincial legislature may legislate include:-civil procedure including the law of limitation, and all matters included in the code of civil procedure... (entry no. 4 ..... federal legislature has, and a provincial legislature has not, power to make laws with respect to any of the matters enumerated in list i in the seventh schedule to this act (hereinafter called the 'federal legislative list.')(2) notwithstanding anything in the next succeeding sub-section, the federal legislature, and, subject to the preceding sub-section, a provincial legislature .....

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Feb 05 1947 (PC)

Megh Raj and Another Vs. Allah Rakhia and Others

Court : Privy Council

Decided on : Feb-05-1947

..... the concurrent legislative list); "wills, intestacy and succession, save as regards agricultural land." (entry no. 7); ''transfer of property other than agricultural land .... " (entry no. 8); "contracts, including partnership, agency, contracts of carriage, and other special forms of contract, but not including contracts relating to agricultural land." (entry no. 10); [9] the precedence of the concurrent list is defined ..... invoking concurrent powers of the province under list 3 because the provisions which had to be invoked for this purpose were repugnant to existing indian laws and were thus invalid under s. 107. they instanced the indian contract act, ss. 37, 69 and 70 and the code of civil procedure, s. 4 (1) and (2) and s. 9 as containing ..... in this list; procedure in rent and revenue courts", must also be considered. [7] the matters enumerated in list 3 (concurrent legislative list) in respect of which both the indian legislature and a provincial legislature may legislate include: "civil procedure including the law of limitation, and all matters included in the code of civil procedure .... " (entry no. 4 ..... the federal legislature has, and a provincial legislature has not, power to make laws with respect to any of the matters enumerated in list i in sch. 7 to this act (hereinafter called the 'federal legislative list'). (2) notwithstanding anything in the next succeeding subsection, the federal legislature, and, subject to the preceding sub-section a provincial legislature also .....

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