RAMESH KUMAR VERMA (pursuing company secretary course) 26 August 2010

dear sir, reply my quiery

Dear experts,

Please reply my queries:-

Naresh is tried summarily by the metropolitan magistrate on the charge of committing theft & is sentenced to undergo imprisonment for the period 4 month.

Can Naresh challenge the decision? If so, on what grounds?

Rahul owes RS.10, 000 to the partnership firm of rajesh and chander, rajesh dies leaving chander surviving. rahul sues chander for a debt of rs. 15,000 due in his individual capacity .

Can chander setoff the debt of Rs. 10000?

Thanks in advance

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1 Replies

Yatin Sharma (legal Officer) 26 August 2010

Dear Ramesh

First of all Rahul can only claim the debt if it is written.Secondly, Rahul cant sue Chander in his personal capacity as the debt was agaisnt the firm and not Chander. He has to make the firm a compulsory party in the case and he can make chander the second party. Thirdly,Chander may setoff the debt at Rs. 10,000/- if the matter is reffered to arbitration or mediation.