https://www.taxtmi.com/caselaws?id=757001 In complaints under the Negotiable Instruments Act, the pleading is assessed as a whole to see whether the substance of the averments shows that partner-accused were responsible for the firm's business and liable for dishonoured cheques. The text notes that active and working partners may be proceeded against where the complaint and partnership deed indicate participation in the conduct of business, and a hyper-technical reading of averments is impermissible. It also notes that a retiring partner's liability to third parties ordinarily depends on public notice of retirement, but a sleeping partner who had retired may be spared criminal proceedings where the facts justify exercise of inherent jurisdiction. en-us Mon, 05 Aug 2024 00:00:00 +0530 Tue, 13 Aug 2024 18:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757001 In complaints under the Negotiable Instruments Act, the pleading is assessed as a whole to see whether the substance of the averments shows that partner-accused were responsible for the firm's business and liable for dishonoured cheques. The text notes that active and working partners may be proceeded against where the complaint and partnership deed indicate participation in the conduct of business, and a hyper-technical reading of averments is impermissible. It also notes that a retiring partner's liability to third parties ordinarily depends on public notice of retirement, but a sleeping partner who had retired may be spared criminal proceedings where the facts justify exercise of inherent jurisdiction. Case-Laws Indian Laws Mon, 05 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757001