What do you understand by "Holding out" under the Indian Partnership Act, 1932 ? Enumerate the circumstances under which the doctrine of "Holding out" is not applicable ?

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2022
What do you understand by "Holding out" under the Indian Partnership Act, 1932 ? Enumerate the circumstances under which the doctrine of "Holding out" is not applicable ?

Answer & Explanation:

Section 28 of the Indian Partnership Act, 1932 deals with partner by estoppels or holding out. 'Holding Out' means "to represent". Strangers, who hold themselves out or represent themselves to be partners in a firm, whereby they induce others to give credit to the partnership are called "Partners by Holding Out". In case of "Partnership by Estoppel", the representation is made by partners about a stranger within his knowledge and hearing and he does not contradict it. He is then held liable as a partner. Partner by estoppel or holding out is subject to the liability as partner to anyone who has on the faith of such misrepresentation given credit to the firm. The doctrine of Holding Out is not applicable in the following cases: It does not apply to cases of torts committed by partners. A person, therefore, cannot be held liable for the torts of another simply because that other person held himself to be his partner. It does not extend to bind the estate of a deceased partner, where after a partner's death the business of the firm is continued in the old firm name. It also does not apply where the Holding Out partner has been adjudicated insolvent.

Topics: Commercial Laws

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