Case Law Details
State of Kerala & Ors. Vs Laxmi Vasanth (Supreme Court of India)
The Supreme Court observed that Sub-Section (5) of Section 30 of the Partnership Act shall not be applicable to a minor partner who was not a partner at the time of his attaining the majority.
Sub-Section (5) of Section 30 of the Partnership Act shall not be applicable at all. Sub-Section (5) of Section 30 shall be applicable only in a case where a minor was inducted as a partner and thereafter at the time of attaining the majority he continued as a partner in that case such a partner who has been continued is required to give six months’ notice as provided under sub-Section (5) of Section 30. If such a person who has been continued as a partner at the time of attaining the majority does not give six months notice as per sub-Section (5) of Section 30, in that case, he is deemed to have been and/or he shall be continued or treated to have been continued as a partner and the consequences and the liability as per sub-Section (7) of Section 30 shall follow. At the cost of repetition, it is observed that sub-Section (5) of Section 30 shall not be applicable to a minor partner who was not a partner at the time of his attaining the majority and, thereafter, he shall not be liable for any past dues of the partnership firm when he was a partner being a minor.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Kerala at Ernakulum in W.A. Nos. 1521, 1551 and 1536 of 2017 and RSA No. 21 of 2016 by which the High Court has dismissed the said writ appeals preferred by the appellant/State and has confirmed the judgment and order passed by the learned Single Judge quashing and setting aside the demand towards the sales tax under the Kerala General Sales Tax Act which was for the dues of the partnership firm in which the private respondents herein/original writ petitioners were partners but minors, the State has preferred the present appeals.
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