Mumbai Court November 1905 Judgments
Mulchand Narotam Vs. Maneckchand Harjivan
Court: Mumbai
Decided on: Nov-30-1905
Reported in: (1906)8BOMLR8
Lawrence Jenkins, K.C.I.E., C.J.1. This is a suit for a dissolution of partnership, accounts, and contribution.2. To appreciate the difficulties that arise in the case it is necessary to make a short statement of the facts.3. The partnership commenced on the 8th December 1894, with nine members. Of these, Narottam Kanji died on the 30th of January 1895, and Morar Nichha on the following 12th September.4. Prima facie death involves a dissolution of partnership; and by Section 261, it is provided that the estate of a partner, who has died, is not, in the absence of an express agreement, liable in respect of any obligation incurred by the firm after his death. So that under that section, even if the partnership continued after the death of a partner, still his estate is not liable in respect of subsequent obligation in the absence of an express agreement.5. Now the agreement determining the rights and liabilities of the partners is Exhibit No. 74; and there can be no question, nor is it d...
Tag this Judgment!Damodar Lakhmidas Vs. Atmaram Narayan
Court: Mumbai
Decided on: Nov-14-1905
Reported in: (1906)8BOMLR344
Lawrence Jenkins, K.C.I.E., C.J.1. The property is clearly subject to a mortgage in favour of the applicant, and that being so, the attachment can only be continued subject to that mortgage.2. In directing that it should be continued free from the mortgage, the Judge exercised a jurisdiction which he did not possess.3. We must, therefore, make-the rule absolute, set aside his order and direct the attachment to be continued subject to the mortgage.4. The applicant must have the costs throughout. ...
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