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Bhuban Mohan Das vs Surendra Mohan Das on 26 February, 1951 cites

Sk. Alla Rakha vs Liakat Hossain on 4 April, 1940

In a later case, Alia Rakha v. Liakat Hossain, a Bench of this Ct. took a somewhat different view from that taken in Bhupendranath Singha's case . The Bench held that it was not the law that in no case can charges under Sections 403 to 409, Penal Code, be framed against a person who is a patnr. & is accused of offences under those sections in respect of partnership property. The learned Judges observed :
Calcutta High Court Cites 0 - Cited by 3 - Full Document

Gopala Chetty vs Vijayaraghavachariar on 9 March, 1922

34. The only remedy of a co-patnr. is an account & until such an account is taken it cannot be said whether the co-patnr. has any interest at all in the asset or money. As pointed out in the case of Gopala Chetty v. Vijayaraghavachariar, (1922-1 A. C. 488: A.I.R. (9) 1922 P. C. 115), decided by their Lordships of the P. C., even after dissolution a co-patnr. has no right to sue for his share of an asset. It appears to me that if a co-patnr. has no right to sue to recover his share it cannot possibly be said that his co-patnr. is holding that share in trust for him. If the patnr. holds partnership property in a fiduciary capacity he would be holding it in trust for his co-patnrs. & his co-patnrs. could sue. But it has been laid down beyond all question that the co-patnrs. cannot sue & that their only remedy is an account & to recover only what is ultimately found due on taking the account. It appears to me that in those circumstances it cannot be said that a patnr. who receives or holds property of a partnership is entrusted with the property or dominion over it, & that being so it appears to me that the answer to question 1 must be in the negative.
Bombay High Court Cites 6 - Cited by 27 - Full Document

M. Rahaman vs R. D. Khambatta on 7 July, 1948

29. This case was somewhat different from the others The patnr. prosecuted was alleged to have withheld the complainant's share of the partnership profits. But it is clear that partnership profits are not ascertainable until an account has been taken & it cannot be said until such an account that any patnr. has any share in such profits. I think this later case is clearly right because it could not possibly be said that a patnr. or patnrs had been entrusted with another patnr's share of the partnership profits before it could be said whether any profits existed or not & such could not be said until an account had been taken. The last case is the case of Rahaman v. R. D. Khambatta, 50 Cr. L. J. 154 : (A. I. R. (36) 1949 Cal. 89) in which the view was taken that in ordinary circumstances a patnr. could not be prosecuted under Section 406, Penal Code, for fraudulent breach of trust in not accounting for partnership property.
Calcutta High Court Cites 0 - Cited by 6 - Full Document
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