I want to file PIL or Writ petition against Income tax office , bank of baroda and Registrar of firms. I think it can be done under article 226. My father died in Aug 2016 . He was partner in firm which was partnership at will. Other partners hatched criminal conspiracy and entered new deed stating new firm will continue to operate bank account of old firm and new firm has taken over all assets and liabilities of old firm at book value. With this plan , bank allowed firm to continue its account and encash FDs .Later on they submitted false information to ROF that firm has been reconstituted and deceased partner has been retired from firm after his death. ROF accepted reconstitution of firm and made this entry in register. No new PAN was applied , no separate account of deceased is maintained by firm. My complaints to income tax office - whether blackmoney information or benaami transaction under informant reward scheme or tax evasion petition or anything else is kept pending and intentionally delayed . partition case at alwar is intentionally delayed by opposite lawyer . Kindly advise me suitable option which would benefit me by approaching high court at Jaipur.
Sir this is a civil as well as criminal matter you can file a criminal case for cheating and breach of trust agaisnt the partners of firm.
And civil suit for your share in the Firm.
PIL cannot be filled as it is private matter, though you can file a written petition for direction to dispose of the suit expiditely and direction for departments to.investigste the matter.
1. You should have filed a suit for dissolution of the firm and for rendition of accounts due to mismanagement and illegality done by the partners.
2. It is not clear whether the legal heirs were entitled to be inducted as partner of the firm on death of a partner as per the partnership deed .
3. if yes then you have a good case , if not then also you can file the suit for dissolution of firm.
4. i am not clear about the objective of the writ petition but if there is any inaction on the part of the public aunthorty to redress your grievance , you can file a writ petition.
1) if false information was submitted by other partners to register of firms how is ROF liable
2) if you have filed suit for partition for division of property it would take 15 years to be disposed of on account of pendency of cases
3) if false information has been given by partners to bank and ROF your remedy is against the other partners of firm and not by filing PIL against govt
Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fails to do so.
The account can not be operated once one of the a/c holder dies ,
The legal heir of the dead becomes a stake holder in the account .Till it is decided account cannot be operated.
Thanks all for your advice. I understand I need to file Declaration suit for Dissolution of Firm and Rendition of accounts. along with stay application for firm's activities. Other partners are my brothers. Also I need to file criminal case. I have already lodged Police complaint under 406/420 but I need to file case under 156(3) for giving directions to Police to register FIR. My follow up question: In case of Declaration suit - dissolution of firm/stay/rendition of accounts- I need to pay minimum fee of Rs 400/- in Rajasthan. In that case can I ask my share later in firm and pay court fees accordingly ? Or I need to file suit asking my share straightway..I think in thas case court fee will be some percentage....may come in lakhs... Pl advise how to proceed
to avoid mutliplicity of proceedings you should in suit seek your share in firm
2) court fees is state subject and varies from state to state
3) it would be dependent upon your share claimed by you
You have to file suit for your share along dissolution and court fee accordingly has to be paid.
If you seek dissolution of firm you can not seek your share.
In that event you need to file a suit for declaration and mandatory injunction and not the suit for dissolution of firm.
Dear Client,
On the death of partner, his legal heirs or legal representatives or their duly authorised agents shall have a right of access to and to inspect and copy any of the books of the firm or to realise the property of a dissolved firm.
Better seek your share and pursue criminal complain.
writ petiton and pil both are applicable but writ petition is better
PIL means public interest litigation, in your case there is no public interest litigation is found hence PIL cannot be filed.
A writ petition can be filed only when your grievances were not addressed by lower court or any other authority properly and it remained without any solution or their decision did not provide you any justice or solution or relief or remedy.
Your remedies are available in the legal forum namely NCLT.
The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013 (18 of 2013) w.e.f. 01st June 2016.
The companies act, 2013 will provide you proper relief for all the issues you are facing because of the fraudulent activities of the firm.
You may consult and discuss the matter at length with a lawyer practicing company law in thelocal for suggestions in furtherance
If you want to skip the procedures to be followed through companies act or company law then you may approach civil court also seeking partition and your legitimate share in the partnership firm that was due to your deceased father as his successor interest.
Please remember that you are not the only legal heir to your deceased father, you may have to gather all your siblings including your mother to fight for your father's share in the firm which betrayed your father upon his death.
You can even obtain stay order or a temporary injunction restraining them from disposing the firm or disbursing the shares or dissolving the firm till the disposal of the main suit.
The court fee differs from one state to another across the country hence it may be enquired in the local
1. You will have to file a suit claiming your share and pay the fee accordingly. I would advise you to get in touch with some lawyer who may tell you the approximate fee for the same
You need to file a 227 petition in HC challenging the action of ROF
Your share in the firm which comes to you as legal heir of your father has to be claimed in the partition suit. You can ask for rendition of accounts in the partition suit itself. No need to file a separate suit for rendition of accounts
The capital contribution of your father in the firm and his share of unshared profit would devolve on his legal heirs and not to the other partners. So you as a legal heir have a share in your father's share in the partnership firm
