Partnership
Contents
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
3. Application of provisions of Act 9 of 1872.
CHAPTER II
The Nature of Partnership
4. Definition of "partnership", "partner", "firm" and "firm-name".
5. Partnership not created by status.
6. Mode of determining existence of partnership.
7. Partnership at will.
8. Particular partnership.
CHAPTER III
Relations of Partners to one another
9. General duties of partners.
10. Duty to indemnify for loss caused by fraud.
11. Determination of rights and duties of partners by contract between the partners.
12. The conduct of the business.
13. Mutual rights and liabilities.
14. The property of the firm.
15. Application of the property of the firm.
16. Personal profits earned by partners.
17. Rights and duties of partners.
(a) after a change in the firm
(b) after the expiry of the term of the firm, and
(c) where additional undertakings are carried out
CHAPTER IV
Relations of Partners to Third Parties
18. Partner to be agent of the firm.
19. Implied authority of partner as agent of the firm.
20. Extension and restriction of partner's implied authority.
21. Partner's authority in an emergency.
22. Mode of doing act to bind firm.
23. Effect of admissions by a partner.
24. Effect of notice to acting partner.
25. Liability of a partner for acts of the firm.
26. Liability of the firm for wrongful acts of a partner.
27. Liability of firm for misapplication by partners.
28. Holding out.
29. Rights of transferee of a partner's interest.
30. Minors admitted to the benefits of partnership.
CHAPTER V
Incoming and outgoing partners
31. Introduction of a partner.
32. Retirement of a partner.
33. Explusion of a partner.
34. Insolvency of a partner.
35. Liability of estate of deceased partner.
36. Rights of outgoing partner to carry on competing business.
37. Right of outgoing partner in certain cases to share subsequent profits.
38. Revocation of continuing guarantee by change in firm.
CHAPTER VI
Dissolution of a firm
39. Dissolution of a firm.
40. Dissolution by agreement.
41. Compulsory dissolution.
42. Dissolution on the happening of certain contingencies.
43. Dissolution, by notice, of partnership-at-will.
44. Dissolution by the Court.
45. Liability for acts of partners done after dissolution.
46. Right of partners to have business wound up after dissolution.
47. Continuing authority of partners for purposes of winding up.
48. Mode of settlement of accounts between partners.
49. Payment of firm debts and of separate debts.
50. Personal profits earned after dissolution.
51. Return of premium on premature dissolution.
52. Rights where partnership contract is rescinded for fraud or misrepresentation.
53. Right to restrain from use of firm-name or firm-property.
54. Agreements in restraint of trade.
55. Sale of goodwill after dissolution.
CHAPTER VII
Registration of Firms
56. Power to exempt from application of this Chapter.
57. Appointment of Registrars.
58. Application for registration.
59. Registration.
60. Recording of alterations in firm-name and principal place of business.
61. Noting of closing and opening of branches.
62. Noting of changes in names and addresses of partners.
63. Recording of changes in, and dissolution of, a firm.
64. Rectification of mistakes.
65. Amendment of Register by order of Court.
66. Inspection of Register and filed documents.
67. Grant of copies.
68. Rules of evidence.
69. Effect of non-registration.
70. Penalty for furnishing false particulars.
71. Power to make rules.
CHAPTER VIII
Supplemental
72. Mode of giving public notice.
73. (Repeals).
74. Savings.
SCHEDULE I
SCHEDULE II
tax -planning
In
partnership
at a glance
1. Introducing Tax Planning for Firms and Partners
2. Statutory Obligations and Necessary Precautions for Tax Planning
3. Tax Planning for Partnership Firms and Partners
4. Tax Planning for Special Deductions
Model Draft Deeds of Partnership
Form
1. Simple deed of partnership between two persons to start new business
2. Simple deed of partnership between two persons with all usual clauses
3. Deed of partnership between three persons
4. Deed of partnership at will
5. Deed of partnership between two persons establishing new business
6. Deed of partnership to induct a new partner in existing partnership
7. Deed of partnership between two persons where business carried on by one of them to be taken over
8. Partnership deed between three persons
9. Partnership deed between two persons
10. Partnership deed between three persons
11. Deed of partnership between two businessmen
12. Deed of partnership between three persons (General Form)
13. Deed of partnership where a minor is admitted to the benefits of partnership
14. Deed of partnership wherein two minors are admitted to the benefits of partnership
15. Partnership deed for three parties one of whom is a minor on whose behalf his guardian has entered into the partnership
16. Partnership deed for two partners (General Form)
17. Deed of partnership for carrying on foodgrains and oilseeds business
18. Deed of reconstitution of partnership to run a dal mill
19. Deed of partnership for manufacturers
20. Deed of partnership for several persons
21. Deed of partnership to run business of light machines
22. Deed of partnership at will admitting minor to its benefits and guardian of minor agreeing to contribute capital and partners entitled to carry on other business
23. Deed of partnership conferring benefits of partnership on minor
24. Partnership deed to reduce into writing oral partnership already entered into
25. Deed of partnership of solicitors
26. Deed of partnership between two medical men
27. Deed of partnership between a father and a son to whom he gives a share in business
28. Agreement upon admission into partnership of a new partner who contributes additional capital
29. Partnership deed to convert sole proprietary business into partnership
30. Deed of partnership between members of HUF for starting a new business on partial partition
31. Deed of extension of term of partnership (With modification of provision)
32. Rectification deed
33. Simple deed of dissolution
34. Deed of dissolution with details
35. Deed of dissolution with stipulations of public notice and winding up of affairs
36. Deed of dissolution as to one partner the other taking over his assets and liabilities
37. Deed of dissolution on retirement of one partner
Notices under Partnership Act, 1932
Appendix 1
The Indian Partnership (Fees) Rules, 1932
Appendix 2
The Andhra Pradesh Partnership (Registration of Firms) Rules, 1957
Appendix 3
The Assam Partnership Rules, 1933
Appendix 4
The Bengal Partnership Rules, 1933
Appendix 5
The Bihar and Orissa Partnership Rules, 1933
Appendix 6
The Bombay Partnership Rules, 1932
Appendix 7
The Delhi Partnership (Registration of Firms) Rules, 1972
Appendix 8
The Gujarat Partnership Rules, 1932
Appendix 9
The Haryana Partnership Rules, 1932
Appendix 10
The Himachal Pradesh Partnership Rules, 1932
Appendix 11
The Jammu and Kashmir State Partnership
Appendix 12
The Jammu And Kashmir Partnership (Fees) Rules, 1996 (Samvat)
Appendix 13
The Jammu and Kashmir Partnership (Registration of Firms) Rules, 1996 (Samvat)
Appendix 14
The Karnataka Partnership (Registration of Firms) Rules, 1954
Appendix 15
The Kerala Partnership (Registration of Firms) Rules, 1959
Appendix 16
The Madhya Pradesh Partnership Rules, 1951
Appendix 17
Maharashtra Partnership Rules, 1989
Appendix 18
The Orissa Partnership Rules, 1943
Appendix 19
The Punjab Partnership (Registration of Firms) Rules, 1932
Appendix 20
The Rajasthan Partnership Rules, 1952
Appendix 21
The Tamil Nadu Partnership (Registration of Firms) Rules, 1951
Appendix 22
The Uttar Pradesh Indian Partnership Rules, 1933
Appendix 23
Report of the Special Committee
Appendix 24
Report of the Select Committee
Appendix 25
Repealed sections of the Indian Contract Act, 1872, relating to partnerships
Appendix 26
The (U. K.) Partnership Act, 1890