Keeping Pace with Legal Change
Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses the legal procedure that must be followed in order to declare a person to be absconding if they are able to elude arrest despite the fact that a warrant in their possession has been issued. By ensuring that legal action and public notice are taken, this provision assures that such individuals will be compelled to appear before the court.
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.
