About partnership deed
mahesh
(Querist) 06 March 2012
This query is : Resolved
i wana know whether a firm without a registered partnership deed as per law can file a case to claim a third party dues?
secondly if a cheque is presented in the firms name for clearing and a case is filed with one a partners name can it be legal to file a case when the cheque was presented with a firms name and case is filed with a individual person and not with a firms name? when the payment was stopped due to fraudness from the said firm.
kindly advise.
Raj Kumar Makkad
(Expert) 06 March 2012
An unregistered cannot sue but can be sued. so far the second query is concerned, if the cheque was handed over to the firm in its name, no individual partner in its name can sue the accused person.
Ajay Bansal
(Expert) 07 March 2012
Law is of both dide.
Shonee Kapoor
(Expert) 07 March 2012
Agree with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 08 March 2012
#Ajay! I request you to please refer any SC citation on both sides.
V R SHROFF
(Expert) 08 March 2012
If rt Deed not registered, it cannot file CIVIL SUIT.
IT CAN FILE CRIMINAL CASE including 138 n.i.
Only Signatory to cheqe can be accused. but along with Firm.
Anirudh
(Expert) 08 March 2012
Mr. Shroff is not correct except for the first sentence.
If the cheque is issued in the name of the Firm, then the firm is the Payee. But Firm as such is not a legal entity. It can take action only through its partners. That can happen only if the Firm is registered. Otherwise not. Therefore to suggest that an unregistered firm can file criminal case including u/s. 138 N.I. is not correct.
