Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Payel Nandi (LAW STUDENT)     11 June 2010


can a firm be considered as a person?why?


 3 Replies

Ya,a firm is recognised as a legal person,n in the eye of law a legal person is regards as capable of rights n duties and bcoz of this a firm can be sue or be sued upon.

Devajyoti Barman (Advocate)     11 June 2010

NO, partnership fim is never considered as a legal person . Firm is merely a collective name of individuals who have entered into partnership. A firm does not have a personality apart from the partners.

The Supreme Court in D.Laxminarayan vs. Commissioner had cleared this point by holding that a firm name is merely an expression,only a compendious mode of designating the person who have agreed to carry on business in partnership.

Both English law and Indian law in this respect is same.

M/s. Y-not legal services (Advocate)     09 September 2010

i am agree with the above expert. its simple and clear explaination.

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