Court : Supreme Court of India
Decided on : Mar-27-1963
Reported in : AIR1964SC11; 2SCR567
..... 37 of the indian partnership act...... thequestions under s. 37 are not within the scope of this suit. such questions canbe within the scope of defendant's suit ..... for an account and share of the profitsof a dissolved partnership.' 19. it is, however, difficult to appreciate the import of these remarks. ..... . 18. the learned trial judge next referred to s. 37 of the partnership actand expressed the opinion that in view of the provisions of that section theconversion prayed for should not be granted. he observed : 'defendants have been given special rights under s.37 of the indian partnership act. no issues have been framed in this suitregarding the matter covered by s. ..... was this : theprayer in the counter-claim being one for the taking of the accounts of adissolved partnership - on the basis that the partnership was dissolved on thedeath of bai itcha on july 31, 1950, a suit claiming the relief of accountingcould under the indian limitation act, be filed only within three years fromthe date of dissolution (art. 106). as the written .....Tag this Judgment!
Court : Chennai
Decided on : Nov-22-1963
Reported in : (1964)1MLJ390
..... to by the partners.clause 10 is as follows:each of the partners shall be just and faithful to the other in all transactions relating to the partnership.the document offends section 30 of the indian partnership act, which clearly lays down that a minor cannot become a partner, though with the consent of the adult partners, he may be admitted to the benefits ..... of the partnership. in our opinion, the department ought not to have granted registration of the firm for any period of the accounting year, on the basis of this ..... , in which a minor was admitted as a full partner, was not valid and could not be registered under section 26-a of the income-tax act. 12. in the present case, the document of partnership dated 9th november, 1950, makes it quite clear that the minor, annamalai, who was represented by his mother and guardian, umayal achi, was made a partner ..... , died on 21st july, 1950. thereafter, the family consisted of the four brothers. annamalai the last brother was a minor. in the course of the assessment proceedings under the indian income-tax act for the period 1951-52, the family claimed that it had been divided with effect from 15th september, 1950, and applied for an order under section 25-a. that .....Tag this Judgment!
Court : Chennai
Decided on : Nov-22-1963
Reported in : 55ITR605(Mad)
..... to by the partners.'clause 10 is as follows :'each of the partners shall be just and faithful to the other in all transactions relating to the partnership.'this document offends section 30 of the indian partnership act, which clearly lays down that a minor cannot become a partner, though with the consent of the adult partners, he may be admitted to the benefits ..... of the partnership. in our opinion, the department ought not to have granted registration of the firm for any period of the accounting year on the basis of this ..... , in which a minor was admitted as full partner, was not valid and could not be registered under section 26a of the income-tax act.in the present case, the document of partnership dated november 9, 1950, makes it quite clear that the minor, annamalai, who was represented by his mother and guardian, umayal achi, was made a partner along with his ..... , died on july 21, 1950. thereafter, the family consisted of the four brothers; annamalai, the last brother, was a minor. in the course of the assessment proceedings under the indian income-tax act for the period 1951-52, the family claimed that it had been divided with effect from september 15, 1950, and applied for an order under section 26a. that section .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-21-1963
Reported in : AIR1963Cal505
..... public notice was given of the dissolution. in this case, we have already found that there has been registration under sections 58 and 50, of the indian partnership act, and no intimation has been given to the registrar of any dissolution having taken place, under section 45 or at all. in fact, it is not ..... be made liable. this question of liability really brings us to the third point, namely, whether they would be liable under section 45 of the indian partnership act, if the appellant did not know at the time of entering into the contract that either manikchand or moti chand were at that time partners of ..... the liability of the other two brothers, who had gone out of the business? the legal position is governed by section 45 of the indian partnership act, the relevant portion whereof, runs as follows :'45 (1). notwithstanding the dissolution of a firm, the partners continue to be liable as such to third ..... case here is a case of dissolution and not retirement. he has pointed out that section 45 is in chapter vi of the indian partnership act, which deals with the dissolution of a firm whereas the question of retirement is dealt with in section 32 appearing under chapter v of the said ..... it does not apply to the case of a dissolution. taking, however, all the facts and circumstances stated above, and the provisions of the english act and the indian counterpart, it is clear to me that the proviso includes the case where, as a result of the retirement of some partner or partners, there .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-19-1963
Reported in : AIR1964Raj179
..... expect, and that such impossibility has not been caused by the person seeking to take advantageof it.' same is the law under the indian partnership act (see section 44 clauses (c,d,f and g). therefore, the proper remedy for the plaintiff in this situation was to sue for the dissolution ..... book on partnership at p. 657 in the passage which i will read, and which, ..... ? i think it is quite clear under the law of partnership, as has been asserted in this court for many years and is now laid down by the partnership act, that that state of things might be a ground for dissolution of the partnership for the reasons which are stated by lord lindley in his ..... for an injunction; but if one partner excludes his co-partner from his rightful interference in the management of the partnership affairs, or if he persists in acting in violation of the partnership articles on any point of importance, or so grossly misconducts himself as to render it impossible for the business to be ..... to be seen whether it is established that the defendants have been illegally interfering in the management of the partnership affairs by the plaintiff or have been acting in violation of the terms of partnership or have so grossly misconducted themselves as to render the carrying on of the business impossible in a proper .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-18-1963
Reported in : AIR1964All15
..... any stage in view of the admission made by defendant no. 4. under the circumstances the present suit will not be barred by section 69(1) of the indian partnership act. further, the firm having been dissolved the present suit cannot be said to have been filed by i or on behalf of the firm. it is, therefore, ..... point argued by the learned counsel for the respondents was that the present suit was barred by section 69(1) of the partnership act. this argument seems to ignore the provisions of section 69(3) of the indian parntership act. sub-section (3) of section 69 provides that the provisions of sub-sections (1) and (2) of section 69 ..... amount due from hardeo singh had been paid off by him, and that the present suit was barred by section 69 of the partnership-act as well as section, 130 of the transfer of property act.2. the trial court repelled all the three pleas-of the defendants, and decreed the suit of the plaintiff for rs. 1 ..... supply, if any. hardeo singh supplied only 217 maunds 27 seers juice which was worth rs. 217/10/9.in a division of the assets of partnership, this particular debt was allotted to the plaintiff. hence-he brought the present suit for recovery ot rs. 1,282/5/3 as excess amount paid by ..... of which this appeal arises for recovery of rs. 1,591/9/3. the plaintiff's case was that he and defendant no- 4 carried on partnership business of sugar manufacture in 1360 fasli. hardeo singh,. father of defendants 1 and 2 and husband of defendant no. 3, was given rs. 1,500/- by .....Tag this Judgment!
Court : Chennai
Decided on : Apr-05-1963
Reported in : AIR1963Mad428; (1963)2MLJ220
..... -2-1957.3. the plaintiff asked for the taking of the accounts of the partnership on the ground that by reason of his father's death the partnership became dissolved on 8-11-1955 or in the alternative for dissolution of the partnership under section 44(g) of the indian partnership act and for taking of accounts on the ground that serious misunderstandings had arisen between ..... the parties, that the first defendant was guilty of various acts of omission and commission which had seriously impaired the mutual confidence and trust among them and that ..... cases on the point as, in our opinion, section 42 does not admit of any other interpretation,the corresponding provision in english law, is section 33 of the partnership act of 1890. in lindley on partnership, 11th edn. at page 677, the learned author while discussing the effect of death of one of the partners has observed that the mere fact that the ..... other hand it was the plaintiff who was guilty of wrongful conduct and that in any event no cause had been made out for dissolution of the partnership under section 44(g) of the partnership act. defendants 4 to 6 supported the case of the plaintiff.5. the learned district judge of east tan-jore decreed the plaintiff's suit taking the view .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-02-1963
Reported in : AIR1964Cal332,68CWN525
..... regards the other point, the learned commissioner noticed that evidence had been given of the dissolution of the partnership and' the death of hrisikesh de. he held that section 45 of the indian partnership act applied and as no public notice of the dissolution was given, the partners continued to be liable to ..... third parties for any act done by any of them which would have been an act of the firm if done before the dissolution. ..... dealing. with the said liability, there is no scope for the importation of the provisions of any other law. if section 45 of the partnership act applies then notwithstanding notice given of the transfer of the business, under section 16, the transferor partners would continue to be liable, until public ..... be remembered that the principal reason for making bama charan de liable, was the view taken by the commissioner that under section 45, of the partnership act. no notice of dissolution having been given, bama charan de continued to be liable to third parties for dealings in respect of: which he ..... the dissolution, hrisikesh continued to cany on the said business, but no public notice of dissolution was given as contemplated by section 45 of the partnership act. hrisikesh died on the 10th february, 1957 leaving a will by which he bequeathed the said business to his son ramendra nath de. who .....Tag this Judgment!
Court : Kerala
Decided on : Oct-21-1963
Reported in : AIR1964Ker81
..... of the privy council has characterised the status of a firm in indian law in bhagawanji morarji goculdas v. alembic chemical works co. ltd., air 1948 pc 100:'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 with the law of scotland, than with that of england.'though in a lesser degree than the indian ..... law, english law too retains for certain purposes 'the notion of the existence of the firm as a separate entity from the existence of its partners.' jessel m. r, laid stress on this, in order to snow 'that a partner does not act as agent in ..... of railway servants, 1901 ac 426 said:'now it is undoubtedly true that a trade union is neither a corporation, nor an individual, nor a partnership between a number of individuals; but this does not by any means conclude the case .... now, the legislature is giving a trade union the capacity ..... of persons taken collectively.' a legal entry has got a personality ot its own, for otherwise why can it a legal entity. in lindly on partnership, page 23, there occurs the following description of a corporation, that seems to me to show that a tarwad has greater attinity with a corporation .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-09-1963
Reported in : AIR1964Cal347,1964CriLJ151
..... case no. 876 of 1959 pending to the court of the presidency magistrate, calcutta, should not be stayed.2. the appellants are agarwal trading corporation, a firm registered under the indian partnership act carrying on business at no. 191, mahatma gandhi road, calcutta and its partners girdharilal gupta and puranmal jain. the respondents are (i) the assistant collector of customs and superintendent, preventive ..... value of the goods or not exceeding one thousand rupees. if the word ' 'goods' in the above is substituted by 'indian currency' under the foreign exchange regulation act an attempt to export indian currency notes can be dealt with under the sea. customs act. 22. on the facts of this case, i find myself unable to come to the conclusion that there was no ..... the fee, it any, prescribed bring or send into india any gold or silver or any currency notes or bank notes of coin whether indian or foreign. 12. under section 8 (2) of the foreign exchange regulation act 'no person shall, except with the general of special permission of the reserve bank or the written permission of a person authorised in this ..... , in arty opinion, beenough to lead to the conclusion that the owner of the business was interested in or involved in attempting to export indian currency notes out of india and, as such, punishable under the sta customs act. if the circumstances justify the drawing of the inference in the case of a natural person section 236 of the foreign exchange regulation .....Tag this Judgment!