In the light of judicial pronouncements, discuss the following: A firm is not a legal person.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2016
In the light of judicial pronouncements, discuss the following: A firm is not a legal person.

Answer & Explanation:

Supreme Court in Malabar Fisheries Co. v. CIT, [1979] 120 ITR 49 observed that- '...a partnership firm under the Indian Partnership Act, 1932, is not a distinct legal entity apart from the partners constituting it and equally in law the firm as such has no separate rights of its own in the partnership assets and when one talks of the firm's property or firm's assets all that is meant is property or assets in which all partners have a joint or common interest... The firm as such has no separate rights of its own in the partnership assets but it is the partners who own jointly or in common the assets of the partnership and, therefore, the consequence of the distribution, division or allotment of assets to the partners which flows upon dissolution after discharge of liabilities is nothing but a mutual adjustment of rights between the partners and there is no question of any extinguishment of the firm's rights in the partnership assets amounting to a transfer of assets within the meaning of section 2(47) of the Act....'

Topics: Partnership Law

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