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If the signature is obtained by fraud then the burden of proof should be strong enough to prove it. If the judge or jury believes the plaintiff and defendant equally, the plaintiff has failed to meet his burden of proof and his claim must fail. In other words, the tie goes to the defendant. The defendant does not have to prove anything. The defense is...
W Network
caWe are running a powder coating company for the past 1 and a half year by as a partnership firm. I am the managing partner other one is working partner as per partnership agreement. Few days back, my working partner asked my sign for change of address for shifting our company. So I signed the document without reading.
After some days I asked him for preparing the balance sheet. He submitted all duplicate bills in high cost . He is also the investor. I raise the matter, to my surprise he answered that I am no more a partner in the company as all the signatures from my end were established. Are there any other options left for me?
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W Network
caIf the signature is obtained by fraud then the burden of proof should be strong enough to prove it. If the judge or jury believes the plaintiff and defendant equally, the plaintiff has failed to meet his burden of proof and his claim must fail. In other words, the tie goes to the defendant. The defendant does not have to prove anything. The defense is free to simply poke holes in the case of the plaintiff.
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Duty to indemnify for loss caused by fraud- Every partner shall indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm.
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Determination of rights and duties of partners by contract between the partners:
Subject to the provisions of this Act, the mutual rights and duties of the partners of a firm may be determined by contract between the partners, and such contract may be expressed or may be implied by a course of dealing. Such contract may be varied by consent of all the partners, and such co0nsent may be expressed or may be implied by a course of dealing. a criminal defendant is presumed innocent of the charges against them until they are proven guilty. Thus, the burden of proof is very high in criminal cases.
'Get a Wazzeer' to get on a detailed discussion with our Lawyer. More you delay the harder it gets.
about 3 years ago -
View answer
We are running a powder coating company for the past 1 and a half year by as a partnership firm. I am the managing partner other one is working partner as per partnership agreement. Few days back, my working partner asked my sign for change of address for shifting our company. So I signed the document without reading.
After some days I asked him for preparing the balance sheet. He submitted all duplicate bills in high cost . He is also the investor. I raise the matter, to my surprise he answered that I am no more a partner in the company as all the signatures from my end were established. Are there any other options left for me?
-
W Network
caIf the signature is obtained by fraud then the burden of proof should be strong enough to prove it. If the judge or jury believes the plaintiff and defendant equally, the plaintiff has failed to meet his burden of proof and his claim must fail. In other words, the tie goes to the defendant. The defendant does not have to prove anything. The defense is free to simply poke holes in the case of the plaintiff.
-
Duty to indemnify for loss caused by fraud- Every partner shall indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm.
-
Determination of rights and duties of partners by contract between the partners:
Subject to the provisions of this Act, the mutual rights and duties of the partners of a firm may be determined by contract between the partners, and such contract may be expressed or may be implied by a course of dealing. Such contract may be varied by consent of all the partners, and such co0nsent may be expressed or may be implied by a course of dealing. a criminal defendant is presumed innocent of the charges against them until they are proven guilty. Thus, the burden of proof is very high in criminal cases.
'Get a Wazzeer' to get on a detailed discussion with our Lawyer. More you delay the harder it gets.
about 3 years ago -
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