Legal Question in Criminal Law in India

A firm was formed with the family members,like educational society, agro products,and in computer educations and etc, by taking the money from the public ,giving them a promisory note and with good rate of interest ,the firm was runned in good position for five to eight years.
by more withdrawel of money from the pubic , the firm could not give the interest intime for the people. later the firm started to give the lands to the people from whom it taken the money.
some people gave complaint to police, the police seized their property and lands.
police booked as sec 5 of white colored offences, cheating and etc,aganist the manging director his son and other members of the family .
The managing director died now,his son who is also the member of the firm is responsible or not for the acts of his father?.
the manging director is having an minor son, and a daughter of twleve years.the lower court dismissed them joining as a party at that time
Now they are majors, shall they be added as party now, and made responsible for the acts of his fater?
pls let me know

Asked on 4/08/12, 5:03 am

2 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

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he members of the firm can only be held responsibly. Son and daughters who are not a member can't be. As far as the responsibility of the son who is also a member of the firm is concerned, we have to see as to who was the deciding authority of the firm, whether the decision used to be taken unanimously and other facts concerning the firm.

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Answered on 4/11/12, 5:52 am

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