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1 - 10 of 18 (0.28 seconds)Section 15 in The Indian Partnership Act, 1932 [Entire Act]
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 :
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.
Section 46 in The Indian Partnership Act, 1932 [Entire Act]
Emperor vs Jagannath Raghunathdas on 12 August, 1931
The Bombay H. C. adopted the view of the Calcutta F. B. & Beaumont C. J. in Emperor v. Jagannath Raghunathdas, 33 Bom. L. R. 1518 : (A. I. R. (19) 1932 Bom. 57 : 33 Cr. L. J. 317) overruled the argument advanced on the basis of statutory illustrations of the Penal Code 4 come to the conclusion that the words of the section are wide enough to cover the case of a patnr. at pp. 1520 & 1521.
Man Mohan Das And Ors. vs Mohendra Bhowal on 5 February, 1948
Harries C. J. in Monmokan Das v. Mohendra Bhawal, 52 C.W.N. 441 : (A. I. R. (35) 1948 Cal 292 : 49 Cr. L. J. 543) refers to this decision of Lort-William J. while holding that a patnr, who receives the money on behalf of the partnership does not receive it in a fiduciary capacity.