https://www.taxtmi.com/caselaws?id=276053 A partner is not liable to prosecution for criminal breach of trust under Section 406 IPC merely because partnership property was received or retained in the ordinary course of partnership business. The court reasoned that partnership assets are held jointly for the firm, and no partner has a defined share in any specific asset before accounts are taken and liabilities adjusted; the proper remedy is accounting, not criminal process. Earlier Full Bench decisions were treated as limited to situations where a special agreement creates a true entrustment or exclusive dominion. On that basis, the proceedings were quashed for want of the necessary entrustment. en-us Mon, 26 Feb 1951 00:00:00 +0530 Fri, 26 Oct 2018 10:47:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276053 A partner is not liable to prosecution for criminal breach of trust under Section 406 IPC merely because partnership property was received or retained in the ordinary course of partnership business. The court reasoned that partnership assets are held jointly for the firm, and no partner has a defined share in any specific asset before accounts are taken and liabilities adjusted; the proper remedy is accounting, not criminal process. Earlier Full Bench decisions were treated as limited to situations where a special agreement creates a true entrustment or exclusive dominion. On that basis, the proceedings were quashed for want of the necessary entrustment. Case-Laws Indian Laws Mon, 26 Feb 1951 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276053