Holding a Person as Partner – Doctrine of Holding Out in Partnership Act.

In this case the court held a person as partner, and hence liable for repayment of firm's debt the court went on to say that even though he was not proved to be formal partner - he could still under the doctrine of holding out (which is a species of estoppel) can be held to … Continue reading Holding a Person as Partner – Doctrine of Holding Out in Partnership Act.

Liability of Pledgee for Criminal Breach of Trust

Comment : In this case the court held a bank liable for criminal breach of trust where it misappropriated the govt. securities pledged with it by the pledgor to secure overdraft - in actuality no overdraft was procured. The defence of S.79 of the bank was negatived for the simple reason that bank could not be … Continue reading Liability of Pledgee for Criminal Breach of Trust

Is criminal judgment binding on a civil case ?

Comment : We, therefore, are of the opinion that the judgment in a criminal case was not relevant in evidence for the purpose of proving a person's civil liability and the other way round.  Supreme Court of IndiaSeth Ramdayal Jat vs Laxmi Prasad on 15 April, 2009Author: S.B. SinhaBench: S.B. Sinha, Mukundakam SharmaIN THE SUPREME COURT OF … Continue reading Is criminal judgment binding on a civil case ?