11 25 official receiver trustee in bankruptcy of the

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- 11 - 25. Official Receiver & Trustee in Bankruptcy of the Property of Kishan Singh Sandu – The Bankrupt v. Mokund Ram Aggarwal, Civ. Case 20-A-65, 28/10/67, Platt J. There was provision in a partnership agreement between plaintiff and defendant for its dissolution in the event of an act of bankruptcy on the part of either party. By notice in July, 1965, the Official Receiver and Trustee for the Bankrupt termi- nated the partnership. The act of bankruptcy occurred in 1960 and Sandhu was adjudged a bankrupt in June, 1962. This action was filed in August, 1965. Article 106 of the Limitation Act requires actions in respect of a partnership to be brought within three years of its dissolution. The only point in question was whether the suit is time-barred. Held : (1) Since the act of bankruptcy took place before the enactment of the Law of Contract Ordinance, Cap. 423, the relevant statute is the Indian Con- tract Act (1872). (2) Sec. 254 of the 1872 Act permits a suit by a partner to dis- solve a partnership after a bankruptcy. But, the bankruptcy does not automatical- ly dissolve the partnership. Consequently, the partnership came to an end when notice was given in July, 1965, and the suit is not time-barred. (3) The Court stated, obiter: under the Contract Ordinance now in force, the result in the case would have been different because the adjudication of bankruptcy would in and of itself dissolve the partnership; and an action such as this one would have been time-barred, because over three years had elapsed between the adjudication of bankruptcy in June, 1962, and the filing of this suit in August, 1965. [Citing Cap. 423, sec. 213.] 26. Kabusu Mtongori v. Wambura Nyamaisa, (PC) CIv . App. 149-D-66, 7/12/67, Seaton J. Sometime between 1952 and 1954, plaintiff transferred an ox to defendant in ex- change for a cow which subsequently gave birth to a heifer. The cow had been
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stolen in 1952, and in 1954 it was restored to its owner by court order in a crimi- nal case in which plaintiff and defendant were both acquitted of the theft. Plaintiff filed this action in Primary Court in 1963 claiming two cows in compensation for the cow and heifer which he had returned to the owner. Nothing in the record of proceedings or the Primary Court judgment indicated whether or not he applica- ble law was customary law, though it was clear that Islamic Law was inapplica- ble. Held: (1) Section 14 of the Magistrates’ Courts Act grants jurisdiction to Primary Courts to hear civil suits under customary or Islamic law as well as under “any other law” by which jurisdiction is conferred. (2) If some law other than cus- tomary law is applicable, the suit is barred by the Indian Limitation Act, 1908. un- der either sections 48 and 49, which prescribe a three year period of limitation for suits for specific movable property or for compensation for the wrongful taking or detaining of such property, compensation for the wrongful taking or detaining of such property, or under sections 113,114, and 115, which prescribe the same period of limitation for specific performance of a contract, Rescissions of a con- tract or compensation for branch of an unwritten contract. (3) If customary law is
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