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Case on the basis of partnership deed

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partnership

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partnership
Partnership" is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. The term is defined as a voluntary contract between two or more competent person to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, with the understanding that there shall be a communion of the profits thereof between them

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. Halsbury defines a partnership as "the relation which subsists between persons on a partnershipcarryingprofit".business in common with a view of

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Important elements necessary to constitute partnership


There are four important elements necessary to constitute partnership. 1.There must be an association of two or more persons to carry on a business. 2.There must be an agreement entered into by all the persons concerned. 3.The agreement must be to share the profits of a business. 4.The business must be carried on by all or any of the persons concerned acting for all
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Types of Partnership
partners. Now there are various types of partnerships. 1. Ordinary Partnerships 2. Limited Partnerships 3. Partnership at-will

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Dissolution of firm

dissolution without the intervention of court 1. by agreement 2. compulsory resolution

dissolution by the order of the court


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Process for the dissolution of a Partnership firm


The process requires a Rs. 250 stamp paper called the dissolution deed which is submitted in National bank through a challan form. After this, the partnership is required to inform the general public through best possible means so an ad is placed in a newspaper. The copies of N.I.C. of all partners are attached to all the attested documents. Later, when all the documents are submitted, the partners are required to report to the office with their original N.I.C. from 9 am to 11 am

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Dissolution by The Order of Court

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1. Insanity. 2. Permanent incapacity. 3. Misconduct. 4. Persistent breaches. 5. Transfer of Interest. 6. Perpetual loss. 7. Just and Equitable

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Insanity.
mind

The partner has become of unsound

Permanent Incapacity:

a partner, other than the partner suing, has become permanently incapable of performing his duties as partner

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Misconduct: a partner, other than partner suing, is guilty of conduct which is likely to affect prejudicially the carrying on of the business, regard being had to the nature of the business
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Breach of Agreement:

a partner, other than partner suing, willfully or persistently commits breach of agreement relating to the management of the affairs of the firm. That a partner, other than partner suing, has transferred whole of his interest in the firm to a third party or has allowed his share to be sold in execution of a decree. The business of the firm cannot be continued further on except at a loss.

Transfer of Interest.

Losses.
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Just and Equitable Cause.

On any other ground which renders it just and equitable that the firm should be dissolved.

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procedure
Lawyer Without informing Partnership deed Civil court Court are liable Stamp paper (1000) According to the specific relief act 1877 section42

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