Partnership

Md Abdul Kadher (Querist) 11 February 2014 This query is : Resolved
One company consisting of two partners. One individual has committed a crime and complaint was lodged and another was not included in the complaint. Whether the another partner is liable for the said offense and to face prosecution?

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M.Sheik Mohammed Ali (Expert) 11 February 2014
you query is not clear, which offence was done, and either on behalf of company name or individual name.

if individual crime was done, its enough

Devajyoti Barman (Expert) 11 February 2014
Criminal offence does not have vicarious liability.
In other words for offences done by one partner does not make another partner liable unless the same was done in furtherance of benefiting the firm and in collusion with each other.

Advocate Bhartesh goyal (Expert) 12 February 2014
Agree with Mr Barman.

Rajendra K Goyal (Expert) 12 February 2014
Criminal offense of one person does not effect another partner of firm till it was done in his collusion.

T. Kalaiselvan, Advocate (Expert) 12 February 2014
I agree with the experts opinion that unless it is in furtherance to the benefits to the company or in collusion with another partner, the other partner can be held liable for the criminal offence committed by one partner.

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