Likewise, companies which are regulated by Companies Act, 2013, the other form of business is partnership, which is regulated by Indian Partnership Act, 1932. The partnership is considered as the convenient way to start

CS Professional · CSR and Social Governance · PYQS · December 2024
Likewise, companies which are regulated by Companies Act, 2013, the other form of business is partnership, which is regulated by Indian Partnership Act, 1932. The partnership is considered as the convenient way to start a business. The law relating to partnership firm in India is prescribed in the Indian Partnership Act of 1932. It lays down the important provisions relating to partnership contracts. However, the general principles of the Indian Contracts Act, 1872 which formally contained the provisions of the law of partnership shall apply so far as they are not inconsistent with this Act. In view of various provisions of this Act, answer the following: (i) Ten major persons form an association to which each member contribute ₹ 10,000. The purpose of the association is to produce medicines for free distribution to the poor parents. Analyze with reasons whether this association can be termed as partnership.

Answer & Explanation:

A partnership depends on the existence of a relationship which results from a contract to carry on business. A partnership relationship can arise only by mutual consent. The agreement, which gives rise to the partnership relationship, may be express or inferred from parties' conduct. According to Section 4 "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". When analysed, the definition tells us that in order that persons may become partners, it is essential that: There must be at least two persons There must be relationship arising out of an agreement between two or more persons to do a business The agreement must be to share the profits of a business The business must be carried on by all or any of them acting for all All these four elements must be present before a group or an association can be held to be partners. In other words, it can be said that all the a fore stated four elements must co-exist before a partnership can be said to come into existence. If any one of them is not proved to be present, there cannot be a partnership. In the instant case, since the objective of this association is not sharing profits so the third element is not present. This association can not be termed as partnership.

Topics: Partnership Law

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