Partnership Act, 1932, Section 42(c) -- Partnership firm - Death of a partner - Firm stands dissolved automatically unless and until there was a contract between remaining partners of firm to the contrary - Business activities even if carried on by remaining partners of firm after death of partner, would be deemed to be carried in their individual capacity...........
Partnership firm -- Death of a partner - Liability of legal heirs - Legal heirs of a deceased partner do not become liable for any liability of firm upon death of a partner...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partnership firm not arraigned as an accused - Prosecution cannot be maintained without arraigning Partnership firm as an accused in the complaint - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Loan transaction - Cheque is question issued by A4 - Account in bank was being run by A4 - Petitioners being family members of A-4, cannot be roped in only for the reason of being partners in A-1 Firm - Proceedings against petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Liability of partner of Firm - Specific allegations against accused that he was incharge of and was responsible for affairs of firm for conduct of business affairs of firm - Plea of partner that he already retired from firm - This fact has to be proved during trial - Quashing of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Petitioner represented herself as partner of Firm - However, cheque was not signed by her - More so, there is no specific averments in the complaint identifying role of petitioner towards act and conduct of business of Firm - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Cheque was signed by petitioner as an authorized signatory of partnership firm - Petitioner is vicariously liable though subject to trial - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by un-registered firm - Bar u/s 69(2) of Partnership Act will not come in the way of complainant in filing complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Demand notice - Service of notice - If a drawer of cheque is a Company or partnership firm, notice should be served on Company in writing as mandated u/s 138(b) of the Act - Proof of that service can be only acknowledgement of serving the notice on representative of company is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Seal of first accused/partnership firm is affixed and a representative of first accused have signed postal acknowledgement card - Notice sent to second accused same person in the said address had signed and fixed seal acknowledging the receipt of notice - Affixture of..........
