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Aneeta Hada vs M/S Godfather Travels & Tours Pvt.Ltd on 8 May, 2008

9. The contention of learned counsel for respondent is that, "Firm" is not a legal entity qua partner. In view of section 18 of the Partnership Firm Act, 1932, every partner is the agent of the firm for the purposes of the business of the firm and by virtue of section 19 of the Partnership Act, an act of a partner does not, in the usual course of business, binds the firm. A partnership firm is not a legal entity. The position of a partner qua a firm is in not in the nature of Master and servant. Hence, the law laid down in the case of Aneeta Hada's case, supra, which was rendered in the context of a Company which is a juristic person, cannot be made applicable in the case of partnership firm which is not a separate juristic person.
Supreme Court of India Cites 60 - Cited by 699 - S B Sinha - Full Document
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