Court : Mumbai
Reported in : AIR2005Bom301; 2005(3)ALLMR89; 2006(2)BomCR494; 2005(3)MhLj384
..... the duration of their partnership, or for the determination of their partnership, the partnership is 'partnership at will'. . mr. godbole for the respondents relied upon the judgment of the supreme court reported in : 3scr998 [karumuthu thaigarajan chettiar ..... crucial basic question, so far as this appeal is concerned, is, whether the partnership is at will as per clause 2 or whether clauses 11 and 12 are over-riding clause 2 of the partnership deed. my attention was drawn by mr. godbole in this regard to the indian partnership act, particularly section 7 which defines 'partnership at will' as under : where no provision is made by contract between the partners for ..... and anr. v. e.m. muthappa chettiar] where question of interpretation of section 7 arose. in para 6 the supreme court along with section 7 also considered the provisions of section 42 and held that if the partnership is not at will, section 42 would apply. then supreme court considered the terms provided for in the partnership deed in that case and tried to find out what was the intention .....Tag this Judgment!
Court : Patna
..... that a partnership shall be treated a partnership at will only if (i) no period has been fixed by the ..... partnership at will. however, taking a thread from the trial court judgment, learned counsel for the respondents has tried to convince that the parties had intended to constitute a partnership at will. section 7 of the indian partnership act, 1932 defines what is a partnership at will. according to this section, where no provision is made between a contract for dissolution of the partnership or for termination of the partnership the partnership is a partnership at will. thus, it is manifest from section 7 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1998(2)ALD824; 1998(3)ALT121
..... its determination, then such a partnership is called partnership at will.15. the retirement of a partner and the dissolution of a partnership are two different concepts and incidents in a partnership and they are dealt with in two different ..... of intention of the respondent to retire in ex.b.7. the dispute, however, is whether the retirement of the respondent would come into effect if the dissolution deed was not executed and the amounts were not paid?14. this a case of 'partnership at will'. section 7 of the indian partnership act, 1932 (for short 'the act'), speaks of partnership at will. if a partnership deed does not provide for its duration and for ..... chapters in the act, chapters v and vi.16. section 32 .....Tag this Judgment!
Court : Allahabad
Reported in : 2001(2)AWC1183
..... to as the act] defines partnership 'at will' as follows :'where no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is 'partnership at will'.7. section 43 of the act gives statutory right to a partner to dissolve that partnership 'at will', which provides as follows :'dissolution by notice of partnership at will.--where the partnership is at will, the firm ..... interim order under section 9 of the 1996 act? 5. clause 4 of the deed ofpartnership provides as follows :'partnership business has been started with effect from 4th day of november. 1983 and shall be at will.6. apart from the above recital in the deed. clause 7 of the registration certificate. annexure-c.a. 5, mentions the duration of the firm 'at will'. section 7 of the indian partnership act. 1932, (hereinafter referred ..... no date is so mentioned, as from the date of the communication of the notice. 8. a perusal of section 7 of the act makes it clear that if the contract between the partners does not provide for duration anddetermination of their partnership, the partnership is 'partnership at will.' in the case of ram singh v. ram chand air 1924 pc 2, the privy council has laid down .....Tag this Judgment!
Court : Rajasthan
Reported in : (1985)47CTR(Raj)204; 153ITR150(Raj)
..... inter alia, provides that the partnership shall be 'at will'. clause (15) of the partnership deed dated april 12, 1965, is as follows :'(15). the provisions of the indian partnership act, 1932, and the statutory modification thereof shall govern the relationship between the partners on the matters not provided for in these presents.'7. section 42 of the partnership act deals with dissolution on the happening ..... of certain contingencies. the relevant part of section 42 is as follows :'section ..... .13. sections 25(4) and 26(2) of the indian i.t. act, 1922 ('the old act') were examined in jittanram nirmalram v. cit : 23itr288(patna) . in that case, a firm carrying on a business consisted of four partners. the deed of partnership empowered each of the partners to exercise the right of dissolving the partnership at will. one ..... new partners being admitted. it deals with cases of retirement of partners and introduction of new partners but the firm under the indian partnership act would continue in such a case. therefore, all that section 187(2) points out is that with the retirement of one or more of the partners, so long as one of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1976Bom405; 1977MhLJ51
..... firm by exercising his right in law to do so by a notice of dissolution under section 43 of the indian partnership act, 1932, (hereinafter referred to as 'the act') is clear from paragraph 2 of the letter dated the 19th june, 1973 (which has been set out above) and that at the worst it may be taken that the mention of two months' period indicates the ..... . it is important to notice that unlike the position in england what is a partnership at will has been defined by section 7 of the indian partnership act. section 7 reads follows:'where no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is 'partnership at will.'in so far as the dissolution of a firm is concerned the relevant provisions are ..... concerned can only be decided and determined in the light of the provisions of the indian partnership act, 1932.29. it requires to be noticed that there are specific provisions in the act concerning the nature of a partnership; the rights of the partners concerned as to dissolution; and when a partnership can be said to determine by efflux of time or otherwise. now it is significant .....Tag this Judgment!
Court : Chennai
Reported in : 241ITR589(Mad)
..... will have the effect of the dissolution of partnership and in case of death occurring, the provisions of the partnership act shall govern the situation. under section 42(c) of the partnership act, 1932, if death occurs, in ..... question as reframed. there is no pale of controversy that the firm is a partnership at will and this aspect of the matter is getting reflected by clause 1 of the partnership deed dated october 31, 1970. clause 7 of the old partnership specifically provides that the partnership shall be governed by the provisions of the indian partnership act, 1932. therefore, there is no contract between the parties that the death ..... is getting reflected in paragraph 5 of its order, which reads as under : 'clause 1 of the partnership deed dated october 31, 1970, recites that 'this partnership shall be a partnership at will'. under clause 7 'subject to the foregoing, this partnership shall be governed by the provisions of the, indian partnership act, 1932'. however, in the subsequent deed dated may 31, 1973, executed after the death of the partner, shyamlal .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2004(3)Raj1867; 2004(2)WLC740
..... santiranjan das gupta v. dasuram murzarnull (2). learned senior counsel mr. mehta appearing for the respondents contended that the partnership continued even after the expiry of five years and ..... as per ex.a4 it is well proved that partnership firm was constituted in the year 1980 and thus after expiry of five years as per ex.a4 the partnership was at will and he referred section 7 of the act, 1932.10. i have considered the rival submissions in the light of the pleadings and the evidence. according to ..... fact that it commenced in the year 1980 have been produced. it was also contended that assuming that partnership firm was constituted according to ex.a4, that partnership came to an end after expiry of five years as per section 42 of the indian partnership act, 1932 (in short the act, 1932). reliance has been placed upon karumuthu thiagarajan chettiar and anr. v. e.m. muthappa chettiar (1) and .....Tag this Judgment!
Court : Rajasthan
Reported in : 2003CriLJ1047; RLW2003(4)Raj2618; 2002(5)WLC898
..... was necessary by the complainant to give a notice in writing and for that he referred sections 32 and 43 of the indian partnership act, 1932. reliance is placed upon banarsi das v. kanshi ram, air 1963, supreme court 1165 wherein it was held that in the case of partnership at will, if one of the partners seeks its dissolution, a notice in writing has to be gain ..... payment of the cheque within 15 days. vide reply ex. p.7, the accused informed that still the complainant is partner of the firm. learned counsel next referred ex. d6. this is true copy of entry in the register of firms under section 67 of the indian partnership act, 1932 (in short the act, 1932). this ex. d6 was issued on 5.9.1994, which contains the ..... the date from which the firm would stand dissolved. in v.v.p. thangaraju v. k.v. perumal chettiar and ors., air 1980 madras 7, it was held that a unilateral notice by a partner in a partnership-at-will cannot effectuate the firm's dissolution as from an interior date. in m.o.h. uduman and ors. v. m.o.h. aslum, air ..... a firm, means a partner in the firm. 8. learned counsel for the accused petitioner mainly raised this contention that this firm was never dissolved. he referred ex. p.7. ex. p.7 dated 30.3.1992 is reply of the notice ex. p.4. ex. p4 notice dated 24.3.1992 was given by the complainant to the accused for the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1980Mad7
..... meant that the matters relating to their dissolution were to be governed wholly by the relevant provisions of the indian partnership act. 1932.5. section 43 of the act provides for a special mode of bringing about dissolution of partnerships-at-will. the section is in the following terms:'where the partnership is at will the firm may be dissolved by any partner giving notice in writing to all the other partners of ..... other partners. but, as i had earlier explained, the lawyer's communications of 5-7-1965 contained no notice of termination of the partnerships. all they did was to proclaim that the businesses were stopped from 6-6-1964. if then, the lawyer's notices were not notices of dissolution ..... may be carried on, 'if only for the purpose of the mere beneficial winding up of the affairs of the partnership. in the event, the lawyer's notices dated 5-7-1965, on their terms, cannot be regarded as notices of dissolution at 'all, much less notices dissolving the firms as on 6-6-1964.6. the appellant then relied on a set ..... below however, had quite a different assessment of the legal position emerging from the appellant's notices. according them, the appellants notices resulted in placing the dissolution date as 5-7-1965. the courts be low had plumbed for this date, apparently because this was the day on which the initial legal notices were a issued by the appellant to his .....Tag this Judgment!