Professional Documents
Culture Documents
3 Partnership
3 Partnership
Th
Indian
T ra
-
↓ #
General principles Partnership
-
-
-
-
ST.
. C .
↳Of sale Of
Goods
&
- Partnership contract
TICA
General punciples
,
1872
I
-
-
TIPA , 1932
-
-
major ↓
commencement
-
-
Extends
↓ ↳
Enactment = 8 April
1932
whole of Commencement
-
India
F-
.
# Doi
1st day October Sec
↓
1932
T
- October
1933
contract
Partnership
FJ
IPA 1932
A -
-
,
who
"Partnership" is the relation between persons
profits of a business
share the
have
agrees to
for
carried on by all or any of them
acting
all-
of above definition
mysis
·
① persons -
> Two or more persons/Association
of person .
② Agreement -
> Partnership arises out of an
by status
. [section 5]
-
-
② religious
a partnership
-
③ social
In simple persons
words
, catering into agreement
of
must be
having motive
earning profit .
⑤ MUTUM
-
-
Agency - Cardinal
↓
Principle of .
Partnership
very imp
-
-
principal
(a) A Partner is both an
agent and a
7
Name under which
person who have
their business is
entered into partnership
carried on
are
with one another
J
called individually "Firm name"
"Partners"
Collectively/
↓
"Firm"
Analysis
-
-
⑦ Association OF ↳
person
② Agreement -
③ sharing
of D
profit > -
Here fit inde losses -
-
④ ratio
For
Business- it
sharing
-
⑤ Mutual
Agency -
unless a
c
othe
Exten Share
Of each
Partner
Association ↳
of person
=
-
Natural person
# Legal person/
Artificial Person
-
Every legal separate entity
owing ·
⑳
O
F
7
↓
-
JI
Co-operative
Sole
- society
J -
-
-
-
proprietor
Je
Co SOC Act X
CO Ac, 2013 LLP -
C
-
- -
-
- ↓ THA
-
Partnership
LLP Act, 2008 Firm
-
- - -
-
-
X
#
jio SLE
Reliance
=
Arjun = ACT
↳
CO A *
COB
-
↳
CO A
L Arjun
- Pretership
-
Arjun
↳hi
LLPALLPB Arjun
-
↓
↳
&
Partiedhip
⑫
-G
P slipfir
retror
O Spotter
-
-
. -
> O
Associate
&
-
S
Proteship
-
-
persons
-
ent
Partness
--
void
① Every person competent to enter into
a
contract .
Partner.
consent of
② become , However with
minor cannot
benefits of .
partnership [Section 30 TIPA , 1933)
>
- Beneficien
-
-
-
consent
↳
O B A
↓
--
↓ ↓
-
-
ship
17 Y2S
10 S 18 U
- Pretership 3?
voit
⑪ -
-
E
Partnership O
-
A -
B -
Admit
Section 5 -
Partnership not created by status
- --
--
-
- -
on business as sun
husband and wife carrying
are not partners in such business .
of
partnership of
6
Section
determing
mode
----
existence
of
① In
determining whether a
groud person is or
is not a firm ??
Of
Firm ??
had to relation betwe
regard shall be were
token together .
in existence of mutual
The true test lies
i e capacity of
relationship the
agency
.
.
to bind
other prether by his act
partner
05 0
The
sharing of profit
The receipt by a person
Or
of business
a
from property
arising by persons Of
of profit
make such persons partless .
earning
↓
and in particular the receipt of such
,
Share or payment-
about to in
engaged or
-
engage any
cousiness .
remuneration
parter , as annuity ,
or
for sale of
good will
Partnership
-
-
F-
Types of Partnership -
of
Types posted
-
-
②
-
Nominal
② Particular Partnership [S28]
⑥
- - -
sleeping
-
fixed
③ Partnership for a
⑰ Partner in profit
Period .
only
⑤ parther by
holding
⑬
minsons
pswin
O -
Firm
out -
⑥ Incoming protes
⑦ outgoing
Metr
- ⑧ Sub Partner
-
.
at Will
Section 7
ship
=>
between
④ Where no provision is made by contract
the Partners
Or
the firm
.
Section Particular Partnership
- -
---
period
Partnershipxed
For a
-
-
contract for
by
⑦ provision is made
When
fixed period
.
is called partnership for
as partnership of will
-
PartnerDominal
Types
-
↓ 7
-
partner
-
Active Partner lead his name
A partner who
F
to the firm
without hering
who actively participates any reas interest
in the firm
share
in the conduct of partnership and is not entitled to
#
in
Sleeping Prehes in businesss
-
-
Profit only
↓
or dormant
-
Partner -
·
Entitleto share
profits only
↓
.
·
not lible to
No active proticipation .
, le to 322
PLAY .
↑
ing
O
O
30 APLY
OA BC and associate
O
E100th
-
-Suspen
-
-
↓
-
O
refire
Suit ,
O
Active
Porter -
> O
co
/
-
J -
O
* Patter in profit
Active Partner
↓ Only
Depends On
five
As must a same as
Seeking
prote
Of liabilities
-
-
-
E O O
↑
Megha
Sudhonshy Shubh
↓
-
-
J ↓
P
=↳
As Sharma
-
L
Exhibition
&
Roa He
stored
-
-
en
-
megha - e
⑳O
&
- April
ph-
⑳
O
Exhibition use
⑳ O
-
~
S
-
Stubh Rohn'
O>Perth
.X
Mr -
&
M -
- -
M ~ -
-
=
Send associates
I -
-
↓ firm name
-
3 prety
15 April
-
-
O
35 - Death of
-
-
a partner
20
-
APRIL
-
⑳
- -
Section
35-Deth
Emer e
partner-death
Per-death
-
-
-
-
-
name
- -
having
home of DP
-
-
Est little
↓
O
5
3
-
DP- LR- ESt -
NOT
lible -
-
-
Di
3
Partner- A + B+ Q
A
#
ACE
↳
--
↓
1 April
-
-
Loan from Is ↓ 31 march
-
-
#
SBI
Death Of
#
↓ Goods purchased on
Partner[S credit
↳ E50Lh worth
E 40 Lotus in the
of
j
name of firm
howing
parther him ser lible home of deceased
-
-
Partner .
his estate Ju ↓
insolvent -
J
LR Of decessed
Estate of
partner is deceased
not liable Poster is
not lible .
- &
M
Defaul ⑦
#
I Sep 31
march
/April
E
↓
E30 latens
Jue-Default
Loan From
I
Lea
↳
Deatha of
-
Section 28 (2)
- - 35
↓ ↓
representative Estate Of
Legal
Of DP is liable recesses
Partner is
iable
-
.
Section
28
Holding Out
-
-
-
-
(1)
Subsection
-
I
consult represents himself
beaut
- the
Of
Subsection 2
-
-
Partner's death
· Where after a
·
of the deceased partner's name
of estate of delected
Section : 35 : Liability
-
-
Partner .
a partner
Retirement of Partner
Section 32 : -
- -
a -
-
-
- - -
-
Subsection
3
-
-
of partner
retirement
Notwithstanding
a
the
the retirement
until public notice is
given of .
--
of his retirement
giving public notice
.
proper
relation contract
Partnership arise -
-
-
-
General principles
Partnership Al, 1932
Of Contract Act 1872
↓
,
Aliable -
Provision-Applicable
-
-
-
-
-
1 to 75
Section
-
↓
Sections -
Application of the Indian Contract
-
-
Alt
,
1872
-A
Category 1
Category C
.
Category A ↓
4
-
> es of Partners Rest everything
-
> Section - -
N- Category <
-
> Section G Nomina
↓
Partner in
Pactlr Read and
Profit only
, -
-
> section 28 -
leare
+ -
-
32
+
35
-
=
unit-relations o
tes
-
-
Reconstitution of firm
=
Je
↓
③eath
Estonis ↓
-
[33]
Isection
Admission
-
-
Insolvency
-
-
Retirement Iss(34]
③T
[sec]
Sec33
-
-
Partner -
may not expelled by majority of
Partners
① Contract between
↳
Power of expulsion in a postress
-
- -
th
-
exercises
-
(a)
Fcost -
to protect
Expulsion
·
-
of
O
The Infect
volif -
O
void
E
· Tannu Bholla ji
>
-
==
-
-
MW-2
automobile
Land garage
-
seates
Expelled ?? O
varig
-
-
Reputed
To ⑳
-
-
⑪ O
how -
hold Sudhasty
-
- -
- - -
Husband
+
t
↳
Wife
↳wife st
-
O
-
sor
O
-
-
- Y Suj
-
-
-
voif
Gaya -
-
ahhein
⑳
&
⑪O
- >
- -
O
-
marries married
.
(
exper affair
-
-
·
CHARACTER X
⑪ O
O ↳
O
roghor &
Stubb
-
ing
-
-
C
-
exper business
O &
void , Adultery
-relations
-
-
women
-
with many
-
-
- -
①O
-
-
Subn O
Unghor Lallaji -
-
B
-
-
↓
Frit -
HOSPIDY
-
Section
Expulsion -
- -
33
-
-
expulsion] [subsea
-
between partners .
the parthed
has
Liii) power been exercised in
good faith for the
interest of firm and not used as
vengeance agrist a partner
being heard -
Subsection 2 of Section 33
--
-
to expelled partner as if
Section 32 share apply an
In simple words
-
--
of his expulsion.
is
given
Partner
-
holid out
in -
on 28 an of the Indian
Partnership Act ,
1132]
-
① As per section 28 ,
anyone who by words spoken
represents himself,
or
or written or by conduct
himself to be represented , to
permits
knowingly
in firm , is liable as a Patter
be a partner a
to
given
credit
of any such representation
the firm .
in the firm
fiving
by his
visiting colt in
name
parther
the of included as
which mup was
mr.p failed to
in the firm and also give
notice of his retirement .
public
Section 28(2) -
-
-
Section 3 5
-
-
(3)
section 32
28(2) V- 35
↓ ↓
Applicability Applicability
T
- -
-
Y
① Partner died Estate of deceased Partner
is not lible for any
Of Partnership
.
There is concern
no
about
③ Does not make lible continued
usage of the
estate of DP and his
home of DP .
legal representative
.
Section 35-
>
-
bility state o and
- -
his death -
⑩
E O
↳ ↳
Partner/min
Complete
-
Absolute
② -
↓
-
-
-
-
- were
Of
e
of interest
-
Of
-
-MV A -
.
Firm.
29 of transferee of Partner's
Section
-
-
Rights a
-
interest .
F-
>
(2)
(1)
② Rights of transferee Of
of
③ restriction on
rights
transferee .
Sub-section I
--
of interest
Mode of tra
A transfer by a partner of his interest in
-
> absolute
Of
by mortgage
-
>
Of
-
> by the creation by him
of a
charge on
such interest .
transferee
Rights
-
--
of
Subsection
-
.
2
F- -
-
Firm
- disloved or if
J
transferring Patter
Leases to be partner
.
Transferee is
having a
↓
to the share
right receive
Transferee
of profits of the
transferring is
the transferee
entitled as
partner and
-07 And
account is from
business Of
Partner
Section 3) - Introduction
-
-
-
=
-
- (2)
(1)
Liability of retired
mode of retirement
before his refre
-
-
Norther
J
consent of
① With the
by
between 3rd Party
express
agreement Course
Of and partners Of
The partners ,
Of reconstitutes
dealing.
Firm
⑥ By
giving notice in
.
to retire-where Part
hership is of will
#
(3) (4)
stall continue
Retired Partner Notile under (3)
for acts of the
to be liable
notice is
may be
given by
Firm until Public
Retired parther or
Proviso >
-
Retired Partner not Of the
little to any 300 prety
reconstitutes
who seas with the firm
Firm .
without that he
knowing
was a Paster .
Section of
34-olvency
pacted a
F-
(1) (2)
firm
n
Where a partner in a
is adjudicated an insolve of
he ceases to be partner
the Firm .
for any act
of the insolvent.
Authority of a partner in a partnership firm
-
-
F E
Antholo
S2ubh
↓
megha -
i
name ↳
business-readymade gaments
E500
Jeal
words
-
-Express -
Authority -
-
-
Writing
-
-
re
isnoenresautote silent
- Anchora
-
CA
J
CS
Megha
-
Fir name
Loca E
10 0000 o
-
-
O
-
>Anchal O
Megha Shubb
ess ,
firm
home on
E1500000
-
-
Which is ↓ one
a Partner -
-
-
-
to carry
&
on
-
,
ness the kind
of
- - -
-
Carries on by The
in the usure way -
-
Firm
-
-
-
J-
an
by a partner
Of
instrument -
> executed
firm
- 19(1)
-
-
⑳
cone
The act of patter must be
-
way of business. 194)
in the usual doing -
- -
FIJe -
O
O
&
⑳ 21 19(2)
19(1) -
- ↓
-
Os Implief
Implied Firm name
Authority
-
Arthrit
-
3 Test
① authority Enable
Act - Implied -
⑳
-
of
-
- 19(1) and
22
↳
#
O
-
-
C&
-&
↳ 25 Lath
-
Ready made
-
-
-
credit
-
gament
-
> Normal business
-
-
-
Usual
Y way
mes
Firm
name
memory it
,
O
Section20 &E
on
consent
Partners
-
- -
-
-
>
Mutual
Agreement
⑳
151sth
-
of
Authority
- -
Partner
I T
F -
witha
⑳
1PCD
read
19(2)
↓ ↳
21
↓
Act outside Implies authority
Partner's authority
① Arbitration in an
emergency
Ju
⑳ Ban All
To do all such
⑥ Transfer IP by a men of
Ordinary prudence
⑦ Acquire IP
and
⑧ Partnership
such acts
Firm
-
binds the
abilityhirparties
t
Ge
Arjun Chhabra
Tutoria
↓ O 25
Owner
-
-
Suit
↑ Sit
2
SO O
-
-
C- A B
site
=
-
O
26
-
A
D
O
000
-
.... -
-
-
- - -
e
O Adibo O O Rank
-
↓
-
-
Poration -
-
-
parties
kind
-
Section 27
Section 25
-
=
-
↓
Liability of firm for
Liability of a partner by pustless
misapplication
acts of the firm
o r
.
on
and severally liable 26
O Partner-
↓
where , by wrongful act or
ommission of a poster
of business , injury is
extent as parther -
Section 27
--
-
- Where -
F =
-
(b)
(a)
of business
apparent authority
· rec money or Drop
· rec money or property from
from 3r party .
3rd
Party
· misapplied by any
· misapplies it Partner
whileitisina
↳. ↓
The firm is liable to make of the loss.
-event
- &
A B -
-
O O
↓
- =>
I ↓
& M
O
↓
Sleepin ⑳& S
still O
>
form
Elohsten
-
S -
Collusion
-
-
Section 24 -
Effect
notice
acting
to ther
-
Committe boy
Of
-- -
- - -
O
is made in
②↳ &
the Firm , -
↳
I
-
S gr Ready
O
--
O
9 ⑬
O
A
O
D -
I -
&
-
business
estate Competition
Stock
-
Oct of transaction
-
- F Firm
-
.
- ④ E E
⑳
O B C
&
-
↓ I
⑳ 00
E400
-
-
& Y
O -
-- -
↓
Taxi Hire services
Personal profit
D
>
pen
Of property of fire
⑫
a
↳ PP from the -
-
- home oftel film
-
-
A B C
⑳
-
Section
16 -
fite
Personal
Subject to contract between the partners
, -
From
-
any transaction of the firm
to the firm
Firm
,
Tannu rm Shubh I
ID
n⑳
Joey
-
-
-
- L
I
L
S
the provisions
to
subject
⑧ - Act
O > Law matter
-
I -
>
of this ↳ ↓
contract
-
-
Section
-
1 - Determination of rights and saties of
> expressed
-
07
>
-
by a course of Sealing
implied .
-T
-
custom Tradition T
system
way of
working
.
(2) section 27 of
Notwithstanding anything contained in
TICA, 1872 ,
such contract may provide that a
Partner shall not carry on any business other than
and liabilities
Section 13
-
-
rights
Mutual
-
↓
7
F1 ) (e)
↓
Firm shall inter-
Partner is entiles nify a partner
(a)
emergency ,
For interest on
making payment
profit and contribute losses
beyond interest
etually .
amount
-
unbusiness
Section 36
- Rights of
outgoing Partner to carry on
competing
-
restraint of trade .
A Agreement
in
business
.
business
(1) An outgoing parther may carry on a
of the firm, or
firm before
with the he cessed to be
dealing a partner
.
(2) partner with his
A may make an
agreement
Partners
lesting
that on to a be partner he
similar to that of
Will not carry on any business
valid if restrictions
local limit . Such restriction is
imposed are .
reasonable [Notwithstanding see 27 or
TICA]
compliance
Legal
&O - -
E
-
-
④ Q Z O
⑳ E dief
- refire/
,
↳
↳·n ↓
and cant automobile
-
arra
-
-
- -
Garage
38 ·
benefit of Partnership
Section 30
=> Minors admitted
to
the
- -
admitted to
(1) A person who is a minor may be
all partners
.
existing
Minor
(2) ghts of
(3) Liability of
-
Minor
firm ,
but the minor is not personally
liable for such acts
.
To
-
not elected
has
elected to become
has
to become partner
.
Partner
,
- -
become a parther
in the firm on expiry
Partner]
.
of said 6 months
[Deemed
E
consequences
↓
- -
(7) (8)
Minor becomes a
Minor not becomes
Partner a parther .
liabilities ()
(a) Right and
= 11=
minor
shall continue as a
which he
up to date on
becomes a partner
.
(b) He becomes personally (b) his share not
benefits of the .
partnership
(C) he is entitles to
(C) His share in property and
minorityy &
O
O OD
~
&
3
& supplies
cement
O A B -
·
-
-
O
continuing
O
Reconstitio Pfirm-
-
I O 300
Pray
-
U
print of Unit #
Blue
-
F #
I III
Cate I -
-
J
-
-
① Rest everything
↳
sec 24
① Sec 53
read and leave .
② sec 35 ② Sec 16
Sec -10
③ sec 28 ③ Sec 13
Sc 12-1-15
④ Sec 19 , 22
,
20 se I
sec 17
.
and 21.
⑤ Sec 25-27 .
18
⑤ See 30 .
22
3/
⑥ sec 36 and 37
.
32
38
-
stration
firm
and
Dilution of -
L
- -
O Winding ↓ ↳
Dissolution
-
-
firm
of
I
Bt Asset sell
Ent process
process Limb =
Pay -
-
to words
dissolution firm-Exist Firm =
End
-
-- -
- - -
Removal of name of
Partnership firm
.
-
-
g
JA-
Insolvent②
= in
c
- -
-
E
>
- CompuOry
Insolvent
- dissolution
of the firm
- .
-
L
↓is
①
#
S non
Dissolution -
-
V
by
agreement dissolution
-
②
-
-
Dissolution On happening ⑥
of certain contingencies Dissolution
⑤
-
-
Gotile
-
O
Fixed tene -
Dissolution by -
-
-
at will
Const
Particulat advecture -
-
-
- -
Death .
insolvent
-
-
Firm -
> Existence End
Dissolution of -
--
-
V -
Dissolution
of Partnership A B
-- ↓
/
exten returne
firm
solution
of
Section 59 : of a firm
Dissolution
-
- -
of the firm"
Section ho :
-
-
--
-
-
by
Dissolution- agreement
firm dissolved with the consent
A may be
or in accordance with a
of all the pastness
of dissolution
modes
-- T-
↓
Sec 43
Sec42 -
-
Sec 40 -
- ↓
-
-
Dissolution
Dissolution on
happening Dissolution
of certain
contingencies by notice
by
agreement Of partner
(a) Partnership for fixed
ship at
term-expiry of term
Su (b) completion of
Will
Compulsory underating
dissolution (s Death of Partner.
Col insolvency of Partner
.
(a) Insolvency ofa
the partners
Of
of all except
One-
of Court
by the order
Dissolution
-
-
Partner
the business
< Guilty of misconduct
affecting .
Section 45 -
Liability for acts of pactness Jone
-
-
after dissolution.
Subsection I
-
-
is the
given of dissolution.
proviso
-
: -
The estate of
-
-
> parther who dies [Sec 35]
62
-
> partner adjudicated
o
[Sec34]
insolvent
Of
Partner -
>
Registration o
F ↓
-
= ↳
mandatory
no -
F
Maharashtra S
↓
- Anytime
e gatine
-
Register
rea,
Firm non e
Place
business
exchj
M
--
-
=
--
of
Section 57 = Appointment Registrar by Statefore
-
-
and may
define in which such
area
registrar
shall exercise their powers
.
Son
58
Application or stration star
↓
↓
(1) Place of
(a) Name
business of
(b) Place Firm .
if
(1)
Other place ,
any
of Portale
(d) Date of joining
Ces Address
(F) Juration
(2) Sign-partners
(3) -
Name Provision
-
-
60- exception
With
-
0
① -
O
Reg
E25 LONG
uregist
Adiba
=
u
5
Eurore
Suitagriest
Mr.Sharo
L
V
- * His
=
OfS
I A BC and essociates distent
O
E -
O
-
-
suit
OO
tract repernentit
Furt 33 %
lin- PS R
. ..
⑪
Suit
Sharma
① Firm registers-
-- Suit
-
-
Elcore Shaumo
E25LHOFFL
-
②
unre Sharma
&
-- E25
③ Firmunregistered -
Silit
O
Sharma
-
-
-
Exception
-
on
if the amount
③ set off can be claimed
E100
is not exceeding- -
by partner X
&
.
suit
of
of dissolves
for settlement AlC
firm
dissolved firm
. X
FL-Death
-↓&
A B
Regist
-
-
↓
Continue
[ -
Yadmit
skit
file
↳
3rd file
his representative
·
every partner or
· entitled,
representatives
· in payment debts
of and liabilities of the firm
surplus distributed the
I
and to have the among
dissolution of firm
· After a
a
the dissolution
· shall continue notwithstanding
of the firm
for the purpose of winding up
.
=
Debt of all partness Individual
-
- Partly
are
Where there
-
- -
-and
-
Jebts
Joint also separate
Je
jebt
J
due from the
due from any partner
Firm
The property
F
of the firm
shall
Separate properly
be applied
of any parther
↓
shall be applies
payment of debt of
Firstly : in
↓
the firm
-
Firstly: Payment of
in payment of separate
secondly: -
surplus if any
,
debt of partner .
↓
-
-
-
continuing
-
-
with exceptions
.
G . 39-
46
⑳ &
~
of dissolution Goodwill