Question
The Doctrine of Holding out is mentioned in:
Solution
The concept of ‘Holding Out’ is merely an application of the principle of estoppel, which in itself is a rule of evidence wherein a person is prevented or estopped from denying a statement he made or existence of facts that he makes another person believe. Holding out refers to a course of action or omission which leads others to believe that the person possesses an authority which in fact he doesn’t. In simple terms, if a person represents or knowingly permits others that he is a partner of a particular firm, and some other person carried on some transaction believing him to be a partner of the firm, then he is estopped from denying this representation later on. The concept of holding out has been provided under section 28 of the Indian Partnership Act, 1932 and section 29 of Limited Liability Partnership Act, 2008. These sections state that a person is held liable as a partner by holding out if the given conditions are fulfilled.
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