Keeping Pace with Legal Change
Introduction In the case Saroj Pandey vs Govt. of NCT of Delhi, the Supreme Court of India gave an important…
Sanjabij Tari v. v. against the Supreme Court of India is a major case that was decided on on September…
InN. Vijay Kumar v. The Supreme Court in Vishwanath Rao N. reinstated the acquittal of the alleged perpetrator in a cheque dishonour trial and set the benchmarks and boundaries of the rebuttable presumptions against the Negotiable Instruments Act and questioned the burden of proof of the parties concerning evidence.
The Supreme Court in Shivappa Reddy vs. S. Srinivasan (2025 INSC 729) clarified the liability of retired partners under the Negotiable Instruments Act, 1881, and the Indian Partnership Act, 1932. The court held that a retired partner is not liable for partnership debts post-retirement unless public notice of retirement is issued per Section 32(3) of the Partnership Act. Under Section 138 of the NI Act, liability for cheque dishonour requires active involvement at the time of issuance. The ruling emphasizes statutory compliance and notice requirements to absolve retiring partners from liability.
