1935 (3) TMI 25

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....24 is only an agreement, as held by the Subordinate Judge, or a deed of dissolution of partnership within the meaning of Article 46-B, as maintained by the Chief Inspector of Stamps. Messrs. Dina Nath Hemraj, Messrs Naraindas Luchmandas and Messrs Dewanchand and Sons, all of Calcutta, entered into an. agreement with the East Indian Railway for the supply of castor seeds during the year 1923-24. In....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....it abundantly clear that after the execution thereof none of the parties had any claim against any other party and that a final settlement of accounts in respect of their joint enterprise had been made. 2. It seems that, if the agreement in question had been executed by three individuals, who had previously entered, into a partnership for the supply of castor seeds to the E.I. Railway, the view....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t that both these terms have been used in the sense in which they are used in the Contract Act, which regulates partnership and the dissolution thereof. Partnership is defined in Section 239, Contract Act, as the relation which subsists between persons who have agreed to combine their property, labour or skill in some business and to share the profits thereof between them. 4. It has been held b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....amount to an agreement of partnership. The result is the same if any of them is a firm. They may have been partners in the popular sense of the term, but could not be considered to form a partnership, as defined in Section 239, Contract Act, If they did not form a partnership, there could be no dissolution of partnership within the meaning of Article 46-B, Schedule 1, Stamp Act, It is however not ....