Court : Mumbai
Decided on : Jun-24-1953
Reported in : AIR1954Bom91; (1953)55BOMLR857; ILR1954Bom304
..... once he has obtained a decree against a firm, there is an obligation under the partnership law upon each partner to discharge the partnership debt. he says that even in the case of a dissolved partnership under section 49, indian partnership act the obligation of the erstwhile partners to discharge the partnership debt continues, and therefore if a creditor of a firm calls upon the firm to ..... discharge its debt, the liability to discharge that debt is upon each and every partner and the failure to discharge that debt constitutes an act of insolvency on the ..... part of each partner. there is no dispute as to the substantive law embodied in the partnership act and nobody suggests that there is no obligation upon a partner even of a dissolved partnership to discharge the debts of the partnership in the winding up. but what is overlooked by mr. purshottam is that what we have to consider in this ..... it says is that 'any two or more persons being partners or any person carrying on business under a partnership name, may take proceedings or be proceeded against under this act in the name of the firm.'therefore, it is open under the indian law to a creditor to adjudicate a firm insolvent. instead of proceeding against two or three partners individually, he .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-01-1953
Reported in : AIR1958Cal703
..... 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. their lordships pointed out that authority for this proposition was to be found in mayne's hindu law and in the board's earlier decision in the case ..... adduced to show that any of the other members of the joint families agreed to join the partnership or did any acts in connection with the partnership.19. on behalf of the appellants mr. mitter argued that a partnership under the hindu law, not governed by the indian partnership act came into existence between the two joint families as a result of the action of the kartas ..... such of its members as in fact enter into a contractual relation with the stranger : the partnership will be governed by the act.'16. as was pointed out by their lordships, the sections referred to partnership in the indian contract act have been repealed and are now embodied in the indian partnership act, 1932.17. in this view of the law their lordships decided in that case that ..... gherulal parakh.25. i do not see how it can be doubted for a moment that these partnerships are governed by the indian partnership act.26. i am therefore unable to accept as correct the reasoning on which the court below held that section 69 of the partnership act is no bar to the suit. this will be a bar unless the case falls within the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Nagpur
Decided on : Dec-10-1953
Reported in : 195527ITR88(Nag.)
..... person" : "person shall include any company or association or body of individuals whether incorporated or not." this term has not been defined either in the indian contract act, 1872, or in the indian partnership act, 1932. in the indian income-tax act, 1922, it is defined in section 2 (9) as below : "person includes a hindu undivided family and a local authority." kanga and palkhivala ..... the question was mooted before their lordships of the privy council in bhagwanji v. alembic chemical works in which they observed : "it is true that the indian partnership act goes further than the english partnership act, 1890, in recognising that a firm may possess a personality distinct from the persons constituting it; the law in india in that respect being more in accordance ..... however, urged by the learned counsel for the assessee firm that whatever view might be held on the basis of section 239 of the indian contract act, 1872, it cannot hold good since the passing of the indian partnership act, 1932, which recognises a distinct entity for a firm apart from the members composing it. it was also urged that keeping in view ..... has a distinct legal entity and is entitled to enter into partnership with another firm or individuals.9. partnership as defined in section 4 of the indian partnership act, 1932, does not differ materially from either the definition in section 239 of the indian contract act, 1872, or section i of the english partnership act, 1890. there is no doubt that it would appear from .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-11-1953
Reported in : AIR1954All661; 25ITR287(All)
..... to avoid competition and thus obtain more favourable terms.the mere fact of taking the agency jointly would not necessarily constitute partnership. to constitute partnership under section 4 of the indian partnership act, persons should have agreed to share profits of a business carried on by all or any of them ..... acting for all. the two ingredients, which are necessary to constitute partnership, are an agreement to share the profits and the carrying on of the business by all or any of them acting for ..... place of business in kannauj. the facts found only show that the oil was supplied by the mysore government from an area to which the indian income-tax act did not apply and the commission was also sent to the assessee from the same place. the income, which was earned by the assessee ..... assessee has contended that the question has not been properly framed by the tribunal and has presented an application under section 66(4) of the indian income-tax act requesting that the question be re-framed as follows:'q. whether the sum of rs. 5,986-9-9 earned by the applicant as ..... the indian income-tax act.9. in these circumstances, the only question, that falls to be determined by us, is the question which has already been framed by the tribunal and referred to us for decision. the burden of proving that the commission agency business carried on by the assessee was in partnership with .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-11-1953
Reported in : AIR1954Cal179
..... he has relied on an entry made in the register of firms under date 19th may 1952. but as under section 68(1) of the indian partnership act any statement filed for the purpose of registration is conclusive proof of any facts stated therein and it is clearly recited in the 'remarks column' of ..... duttalal mohensaria and jagadish kumar gupta are wrongly on the register, steps may be taken for the rectification of the mistake under section 64 of the indian partnership act but the incorrectness of the registration cannot bo a valid ground for defeating the suit as has been filed in the present case.25. it has ..... and therefore all the four partners ore entitled to sue in the firm name in respect of the transactions in suit.section 69 of the indian partnership act requires that in order that a suit can be properly instituted to enforce a right arising from a contract by or on behalf of a ..... the defendant that as the plaintiff firm was not properly registered in the register of firms maintained by the registrar of firms under the provisions of the indian partnership act, the suit as framed is not maintainable. it is pointed out that the statement which was filed by the partners before the registrar of firms ( ..... partners or did they hold themselves out as partners as alleged in paragraph 1 of the plaint? 6. was the plaintiff firm duly registered under the indian partnership act at the date of the suit? 7. is the suit maintainable by reason of the fact that the plaint has not been signed by all the .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-01-1953
Reported in : AIR1954Cal409
..... a partner to withdraw a suit or proceeding filed on behalf of the firm.learned counsel for samaddar has relied on these sections of the indian partnership act to support his argument that the other partners of the plaintiff firm should not be allowed to withdraw, stay or relinquish or compromise the claim ..... from the english law on the point and reliance has been placed on the footnote in sir dinshaw mulla's commentary on the indian partnership act of 1934 criticising lindley's observation, to which i will presently make a reference. but before i do so a common sense ..... defendant questioned the maintainability of the suit.11. the provisions of the law of partnership with special reference to indian partnership act may be examined in order to determine the question raised on this application. section 19(2)(c),partnership act provides that in the absence ofany usage or custom of trade to the contrary ..... to sue on behalf of the firm then the action should not be allowed to proceed. subject to contract between the parties, section 12, partnership act provides in sub-clause (c) that any difference arising as to the ordinary matters connected with the business may be decided by the majority of ..... question here is not concerned with partners' relations with third parties but with the relations of partners 'inter se'. i find nothing in the partnership act which can be construed and regarded as a statutory prohibition of the course of action now asked by the majority of the partners in this case .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-08-1953
Reported in : AIR1954All570
..... his copyright by saying this:'i find that 797 passages have been infringed by way of copying and this includes 22 quotations, 9 appendices and 8 rules made under the indian partnership act by the various governments.'the plaintiff in his evidence felt satisfied by saying the above only in regard to his proof of the infringement of his copyright by the defendants ..... were struck in the case by a bench of this court of which i too was a member:'1. has the plaintiff got the sole copyright in the book entitled 'indian partnership act' by mu-kerji and dutt and if so, to what extent? 2. have the defendants infringed the copyright of the plaintiff in his book and if so, to what extent ..... for they said that it was published in 1946. the defendants also denied having infringed any copyright that may subsist in favour of the plaintiff in the book entitled 'the indian partnership act'.the defendants further alleged that their book contained much more material than was contained in the plaintiff's work. the defendants further denied that their publication contained numerous passages which ..... , one of the plaintiff and the other of the defendants, have no similarity at all. the title of the plaintiff's book is 'the indian partnership act' while the title of the defendants' book is 'law & practice of partnership and private companies in india'. the plaintiff's book is a volume of 311 pages while the defendants' book covers 862 pages (barring the index .....Tag this Judgment!
Court : Orissa
Decided on : Mar-11-1953
Reported in : AIR1953Ori79
..... be disposed of by answering the first question only, leaving the second question open. 11. section 2 (6b) of the indian income-tax act says that the expression 'partner' shall have the same meaning as in the indian partnership act. section 4 of the indian partnership act defines 'partnership' as the relation between persons who have agreed to share the profits of a business 'carried on' by all or ..... any of them acting for all. thus the carrying on of the business of partnership is the primary duty which all the partners of some of ..... the partners acting for all are required to do. the management of a ..... the business they are carrying on the business qua partners and not in any other capacity. this seems to be the main reason why under section 13 (a) of the partnership act a partner is not entitled to receive remuneration for taking part in the 'conduct of the business' unless there is a contract between the parties to the contrary. the underlying .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-17-1953
Reported in : AIR1953P& H270; 24ITR150(P& H)
..... relevant for the purposes of this case.as the income-tax law now stands under section 2(6b) 'firm', 'partner' and 'partnership' have the same meanings respectively as in the indian partnership act, 1932 (9 of 1932), provided that fhe expression 'partner' includes any person who being a minor has been admitted to the benefits ..... of partnership.9. on behalf of the assessee it was first submitted that the partnership deed in the present case should be so ..... entering into a contract, the contract on his behalf is void subject to such benefits that he may be entitled to get under section 30, partnership act.'and in the latter case what was held was that a widow on the death of her husband was not the karta of an undivided hindu ..... the assessee'. and the question as it was ordinarily framed has been submitted for the opinion of this court.8. according to section 30, partnership act, a person who is a minor cannot be a partner in a firm but with the consent of all the partners he may be admitted to ..... do not think it necessary to discuss these cases any further.15. as i have said before, under section 30, partnership act a minor cannot be a full fledged partner in a partnership firm and therefore the contract entered into making a minor a partner would be invalid and cannot be registered under section 26a .....Tag this Judgment!
Court : Chennai
Decided on : Oct-23-1953
Reported in : AIR1955Mad536; (1954)IIMLJ782
..... it. where there is no business to be done there can be no question of partnership. the existence of a business is a-'sine qua non' of partnership. section 4 of the indian partnership act (9 of 1932) defines "partnership" as the relation between persons who have agreed to share the profits of a business ..... carried on by all or any of them acting for all. in - 'mollwo march & co. v. court of wards ..... ', 10 beng lr 312 at p. 320 (pc) (j), the privy council observed "to constitute a partnership ..... 1915 bom 244 (h) relied on by the respondents falls under the former category. it was a case under the forests act. in pursuance of an agreement of partnership, the defendant became the successful bidder at a government auction of grass in nine forest coups and a licence was issued in his ..... it should not be sublet or assigned to any man." the question was whether the agreement of partnership entered" into in breach of this rule was void under section 23 of the contract act. in holding that it was not, the court observed:"we are unable to find any provision of .....Tag this Judgment!