Mahadev Vishwanath Parulekar v. Luis P. Lobo and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1980 Supreme(Online)(Bom) 14

GOA, DAMAN AND DIU J.C'S COURT
, J
Mahadev Vishwanath Parulekar v. Luis P. Lobo and Another

Advocates:
For the Appellants/Petitioners: Mr. S. V. Joshi
For the Respondents: Mr. Lobo

Table of Content
1. partnership agreement details and background. (Para 1 , 2)
2. discussions on theft implications regarding partner actions. (Para 3 , 5 , 6)
3. court's application of law and critique of lower court's decision. (Para 4 , 7 , 8)
4. final ruling and remanding case for review. (Para 9)

1. This is an application under S.397 and S.482 of the Criminal Procedure Code to quash the proceedings in Criminal Case No. 45 / P / 76 on the file of J. M. F. C., Bicholim.

2. The facts leading to the filing of the aforesaid application may be stated as follows : -
The accused - petitioner and respondent No. 1 entered into a partnership for the purpose of carrying on business in plying of trucks. The partnership was registered before the Registrar of Firms of Bardez under No. 48 dated 21st February, 1969. The partnership came into being under the name and style of 'Lobo and Parulekar Associates' or 'L. and P. Associates'. It was decided that while the respondent's contribution would be Rs. 35,000/-, that of the accused - petitioner would be of Rs. 18,000/-. With Rs. 53,000/- of contribution, the respondent. No. 1 purchased four trucks bearing Nos. GDT 7045, GDT 7046, GDT 7266 and GDT 7

Click Here to Read the rest of this document