Negotiable instrument act
karthick
(Querist) 12 December 2016
This query is : Resolved
1. Whether registered partnership firm alone to issue the demand notice u/s 138(b) of N.I.Act with out representatives to accused company?
2. whether the firm have any legal entity to represent it's own way ?
if any one holding the apex court judgement in this regard kindly provide
Guest
(Expert) 12 December 2016
Yes if its registered it can sue and be sued in its own name
rajeev sharma
(Expert) 12 December 2016
your quarry has been resolved. For citation on this point you may refer to any good commentary on Partnership Act
karthick
(Querist) 12 December 2016
I think firm is not a juristic person then how the firm can sue the notice?
Rajendra K Goyal
(Expert) 12 December 2016
Academic query, state material facts of the problem if any.
How are you concerned / related with the query?
Rajendra K Goyal
(Expert) 12 December 2016
Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.
Ms.Usha Kapoor
(Expert) 13 December 2016
All the partners functioning under a name and style can issue a legal demand notice.Firm is not a juristic person can neither sue or sued./ All the partners or the active partner on behalf of other partners can sue and be sued. liability of partners is joint and several.
R.K Nanda
(Expert) 13 December 2016
state real facts.
Rajendra K Goyal
(Expert) 13 December 2016
Repeated:
http://www.lawyersclubindia.com/experts/Partnership-firm-625606.asp
rajeev sharma
(Expert) 13 December 2016
Partnership Act sec 69. Effect of non-registration.—
(1) No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm.
(2) No suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm.
i have to come back as there was a confusion in the forum on the point wether a registered firm may sue or be sued in its own name.a registered firm may file application U/S 138 N I Act in its own name
H.M.Patnaik
(Expert) 13 December 2016
Agree with Mr. Rajeev.
J K Agrawal
(Expert) 14 December 2016
Well answered by Mr Rajeev. I Agree.
But what about Legal Entity? Perhaps Partnershop firm is not a juristic person like a Company.
Dr J C Vashista
(Expert) 14 December 2016
You must avoid posting same query time and again, it is ridiculous.
However, well advised by expert Mr. Rajeev Sharma, I agree.
karthick
(Querist) 17 December 2016
what is the effect of person who has no power of attorney isuuing a demand notice under section 138 (b) N.I.Act?
whether it is a defective notice ?
in my case firm alone issued the notice in its own name, Nobody represent behalf of firm, its a registered firm.....
karthick
(Querist) 17 December 2016
Mr.Rajiv u have replied by inferring its un - registered firm... but my case is registered one
Guest
(Expert) 17 December 2016
Cheque was Issued Under Whose Favour They Could File the Suit.If it is in A Firm's Name Any Authorised person Could File The Suit
karthick
(Querist) 17 December 2016
At usha kapoor, your reply is apt to my query .
if so, whether the demand notice u/s.138[b]
issued by a partnership firm in it's own name holds any validity?
no representative is there
karthick
(Querist) 17 December 2016
@ rajkumar.... no. my question is about the legal notice alone
karthick
(Querist) 17 December 2016
At usha kapoor, your reply is apt to my query .
if so, whether the demand notice u/s.138[b]
issued by a partnership firm in it's own name holds any validity?
no representative is there
