Partnership deed.
pratik
(Querist) 19 June 2010
This query is : Resolved
1)I have readed a book under which it has mentioned that parternship deed is registered in the court of law where as partnership agreement is not registered is it right or wrong pls direct me.
2)I have readed a book under which it has mentioned the damage(S)award by the court in way of punishment is vindictive damages. So what do u mean by vindictive damages pls explain me with the help of a suitable example(S)(S).
3) What do u mean by compounding of offence with the help of example(S)? & Where a court premission required to compound a offence as per Crpc, IPC, CPC.?
Pls Answer the abovementioned queries with the examples if possible .
Thanking u all experts in advance.
Raj Kumar Makkad
(Expert) 19 June 2010
1. Registrar of Firms and societies is the only competent authority to register Partnership-Deed. Agreement is an internal adjustment of the partners which need no registration but if all partners also want to get it registered in addition to the partnership-deed, they may also do in the same manner as partnership deed.
2. I do not agree with the writer of the undisclosed book from where you read.....
3. Compoundable offences are those offences which can be compromised with or without permission of the court and non-compoundable offences are those which cannot be compromised. In the case of crimes that are regarded more as offences against society as a whole, the individual victim cannot have the offence compounded. Take the case of a robber who breaks into your house at night and decamps with all your valuables. On your complaint the police register an FIR and investigate the case. As a result of their investigations the burglar is detected and arrested. The burglar is now suffering remorse for having stolen your property and begs forgiveness from you. He turns out to be a distant relative. Could you accept his offer and compound the offence (in the unlikely event that you were so inclined)? You cannot, because the robbery constitutes an offence against society as a whole.
Crimes where it is legally possible to have further prosecution dropped at the behest of the individual are referred to as compoundable offences. The vast majority of offences are however not compoundable. Thus out of several hundred offences listed in the Indian Penal Code barely sixty are compoundable.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 June 2010
