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Dissolution on the happening of certain contingencies
Dissolution by notice
DISSOLUTION
BY COURT
The court may dissolve a firm at the suit of any
partners on any of the following grounds namely :
INSANITY OF A PARTNER: that a partner
has become of unsound mind. The insanity of a partner does not
ipso facto dissolve the firm and the next friend or continuing
partners has to file suit foe dissolution.
PERMANENT INCAPACITY OF A PARTNER: that
a partner has become permanently incapable of performing his
duties as partner.
CONDUCT AFFECTING PREJUDICIALLY THE BUSINESS
: that a partner is guilty of conduct, which is likely to affect
prejudicially the carrying on the business of the firm.
BREACH OF PARTNERSHIP AGREEMENT
that a partner wilfully or persistently commits
breach of agreements relating to the management of the affairs
of the firm or the conduct of it’s business or otherwise conducts
himself in matters relating to the business, that it is not
reasonably practical for the other partners to carry on the
business with him.
TRANSFER OF INTEREST OF A PARTNER :
that a partner has in any way transferred
the whole of his interest in the firm to a third party.
LOSS: that the business of the firm
cannot be carried on save at a loss
JUST AND EQUITABLE : on any other ground
that renders it just an equitable that the firm should be dissolved.
DISSOLUTION
BY AGREEMENT
A firm may be dissolved with the consent of all
the partners or in accordance with the contract between the partners.
The partnership agreement may contain a proviso that the firm will
be dissolved on the happening of certain contingency.
DISSOLUTION BY OPERATION OF LAW
A firm is compulsorily dissolved on the following
grounds
Insolvency of partners
By the happening of any event which makes it
unlawful for the business of the firm to e carried on.
DISSOLUTION
ON THE HAPPENING OF CERTAIN CONTINGENCIES
Subject to contract between the partners a firm
is dissolved on the happening of the following contingencies.
If constituted for a fixed term, by the expiry
of that term
If constituted to carry out one or more adventures
or undertakings, by its completion.
By the death of a partner
On insolvency of a partner
DISSOLUTION
BY NOTICE
If the partnership is at will, the same may be
dissolved by service of a notice by one partner to dissolve the
firm.
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