Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants being partners of Firm cannot escape from their liability because a partnership firm is not really a legal entity separate and distinct and it can have a legal persona only when it is considered along with its partners...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants are partners who have executed a Power of Attorney in favour of one `S' to look into affairs of firm i.e. financial and other liabilities - `S' has acted on the basis of Power of Attorney executed by applicants and he has issued cheque on behalf..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was having diploma in Pharmacy though the exact remuneration is not substantiated - He is found to be in a partnership of pharmaceutical distributorship and associated with a Cooperative Bank - Deceased was also running a medical shop, though prior to date of accident licence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Complaint filed against accused as proprietor of firm, whereas cheque was issued by partnership firm and partnership firm not arraigned as an accused - Non impleadment of firm is a curable defect - Effective trial not yet commenced - Complainant permitted to file an application..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partners of firm are liable for dishonour of a cheque, even though cheque may have been issued in the name of firm and offence is committed by firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - There is no concept of vicarious liability of partners as such in case of a partnership firm - Liability is joint and several because a partnership firm is business of partners and one cannot proceed against only the firm without partners being made liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Liability of partners along with partnership firm is joint and several, even in absence of a partnership firm being proceeded against by complainant by issuance of legal notice as mandated u/s 138 of the Act or being made an accused specifically in a complaint filed..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - When offence has been proved against a partnership firm, firm per se would not be liable but liability would inevitably extend to partners of firm inasmuch as they would be personally, jointly and severally liable with firm even when offence is committed in the name of..........
