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Kiran (Mgr)     03 August 2010

False Accusation - Password Theft

Hello Experts

I have an interesting rather false case, which is imposed on me by my business partner.

Recently, I have dissolved the partnership (ABC Firm) as per section 43, Indian Partnership Act 1932.

 

Now, my partner is delaying the settlement of accounts by accusing me That he is not able to access his official email because I have changed the password of his mail. So until his email account starts working he can not move further for settlement of accounts.

 

Where as, he is being shared with login/password and it was working fine till dissolution notice. Now he says first give me the password then he will settle the accounts.

 

How can I tackle this issue, I have already told him that login/password there is some problem at your end and proved through https://verify-email.org/ that his email is working fine. And emails sent to his email id dont bounce back and confirms delivery.

 

He is threatening me by refering to provisions (including section 43,66 and 46) in Information Technology Act 1932.

 

Please help!

 

Kiran

 

 



Learning

 13 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 August 2010

Serve him a legal notice through a lawyer stating the same facts as you cited in the query failing which file a petition for rendition of accounts before local civil court.

Kiran (Mgr)     03 August 2010

Thanks Raj Kumar Ji

It will further delay the accounts settlement so I am avoiding at this stage.

I am concerned, does Info Tech Act of India allows him to do so? How can he prove his allegations? 

 please guide

kiran

SANJAY JOIL (LAW STUDENT)     27 August 2010

Try to reset the password through the tools provided by  email account provider  e.g. gmail, rediffmail etc.

On google search  you can   type   " how  to reset  email password "  you will get thousands of ideas.

So far I have forgotten my email password several  times... ( I am having 11 emails accounts)  but every time I reset the same through the provided utility.

 

ALL THE BEST !

Deepak Kumar Vasudevan ((Confidential))     03 September 2010

I think he is just trying to procrastinate settlement of accounts by some 'cock and bull' stories.

Ya_Ta (Software Professional)     03 September 2010

Originally posted by :Kiran
"
Thanks Raj Kumar Ji

It will further delay the accounts settlement so I am avoiding at this stage.

I am concerned, does Info Tech Act of India allows him to do so? How can he prove his allegations? 

 please guide

kiran
"

 

Hi


Its not 1932 it should be 200

 

& yes you are going jail because police are dumb when they can arrest bazee.com ceo then they can arest you too.

 

you will not get bail from police means 90% chance that you go jail (like tihad) not police station jail.

prove vroove jaye bhaad main pahele tum jail jaoege yahi hai it act .

u r in serious problem even u r innocent.

do a counter procedure as suggestted by other members.

 

Arunam Pali (NA)     03 September 2010

Ya_Ta

Your reply doesnt suggest that you should be here. Anyways you have right to give suggestion as per knowledge. 

Ya_Ta (Software Professional)     05 September 2010

Hi Arunam Pali Can u let me know why ? if ur are blaming someone then give reason too else no need to comment & score here. Thanks

SURESHKUMAR.S (ADVOCATE)     04 October 2010

Settlement of accounts  and email sharing is two different things. For settlement of accounts by other partner, it cannot said to be a reason that not giving of password etc. Management of official designed email account or interfering with the personal email account is to be considered for that question. In such  case, the legal action or defence as per IT Act differs for two situations. 

Kiran (Mgr)     04 October 2010

Hi Mr Suresh

Your reply makes sense and ex partner is already been replied on the same basis.

Now, since the partnership co. is dissolved hence no password and no official email exists.

But, partner is still not settling accounts, and not bearing the cost of service to the clients, not even participating in business communication. All the cost is on me now.

what to do, can i business decisions alone now in order serve my clients as we committed during the partnership?

best

kiran

SURESHKUMAR.S (ADVOCATE)     04 October 2010

Need to know how many partners in the partnership firm. If only two, means and non cooperation of another partner  is deemed as 'implied dissolution' of the firm takes place already. 

In case, more than 2 partners, can issue a notice calling for settlement of accounts and finally approach legally for the relief of 'Settlement of accounts". 

Till date of dissolution, all the partners are jointly and severally liable  for all the deeds of the Partnership firm. 

Kiran (Mgr)     04 October 2010

Agreed!

Partners - Two

Partnership - Non registered, At Will

Status - Dissolution Notice sent

Since other is not cooperating, bearing cost of service, and not replying my communication, I took responsiblitity to serve the clients (unfinished business).

For example: if the firm name is ABC (dissolved partnership), and now I (from my own firm name XYZ started serving clients) as I can not use ABC name. Is it ok, Legal?

SURESHKUMAR.S (ADVOCATE)     04 October 2010

It's legal. It is understood from " not replying" in the sense, your legal notice sought for dissolution and settlement of accounts was served to the other end and not replied. then it is ok . you can justify by dealing the same client's in another name. The day of the legal notice or  completion of time, in case of anytime stipulated for compliance in the legal notice is the last date for the 'dissolution of firm" takes effect. 

Otherwise, during the existence of partnership business, it will amount of doing rival business . so,  the virtual existence of partnership must have come to an end before doing the subsequent business by you with the same clients.

Kiran (Mgr)     04 October 2010

Thanks Mr Suresh!!!


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