civil cases whwre a court aquitted a retired partner

prakash (Querist) 03 February 2010 This query is : Resolved
R/sir,
Please provide me the court cases where a court aquitted the retired partner or a retired member of a.o.p. from his past liabilties of that firm,as the remaining member or partners took all his liabilities of tat firm.
thanks.

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Raj Kumar Makkad (Expert) 03 February 2010
If all liabilities of such partners have been taken by remaining members of the aop then there may not be any dispute. If liabilities of him are met effectively then such person is liable to be acquitted from all the charges of civil charges.

Parveen Kr. Aggarwal (Expert) 05 February 2010
The question of acquittal of a retired partners does not arise merely on the ground of taking over of liabilities by other partners because 'acquittal' is essentially in criminal cases. Nobody can undertake the liability of an offence from the other. If a person is liable for his criminal acts then his liability cannot be shifted. However, the civil liability may be taken over by another person (or partner).

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