NOTES


CA-Foundation > Business Laws > The Indian Partnership Act, 1932 - Formation and Registration of Partnership Firm (Old & New)

Aadu & Co. is registered as a partnership firm in 1990 with Mahesh, Suresh and Ramesh partners. In 2006, Mahesh dies. In 2007, Suresh and Ramesh sue Kapil in the name and behalf of Aadu & Co., without fresh registration. Whether the suit is maintainable?



Ans.
The test applied in these cases was whether the plaintiff satisfied the only two requirements of Section 69 (2) of the Act namely, (1) the suit must be instituted by or on behalf of the firm which had been registered; (2) the person suing had been shown as a partner in the register of the firms. In view of this position of law, the suit is in the case by Suresh and Ramesh against Kapil in the name on behalf of Aadu and Co. is maintainable.

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Notes of The Indian Partnership Act, 1932 - Formation and Registration of Partnership Firm (Old & New)



  1. What are the effects non-registration of a partnership firm?
    see in detail

  2. "Registration of partnership firm is not compulsory, yet it is desirable", comment.
    see in detail

  3. Amit & Bhushan purchased a taxi to ply in partnership. They plied the taxi for a year when Amit without the consent of Bhushan, disposed of the taxi which brought the partnership to an end. Bhushan brought an action to recover his share on the sale proceeds. Amit resisted Bhushan's claim on the ground that the firm was not registered. Will he succeed in his claim?
    see in detail

  4. Aadu & Co. is registered as a partnership firm in 1990 with Mahesh, Suresh and Ramesh partners. In 2006, Mahesh dies. In 2007, Suresh and Ramesh sue Kapil in the name and behalf of Aadu & Co., without fresh registration. Whether the suit is maintainable?
    see in detail

  5. An unregistered firm and the partners thereof suffer from certain disabilities. State the exceptions to such disability.
    see in detail


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