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Dissolution by Court happens:

Solution

✅ Correct Option: 3

Under the Partnership Act, 1932, different grounds lead to different types of dissolution. It's important to distinguish between dissolution by court order versus other forms of dissolution.

Dissolution by Court (Section 44) requires a court order and happens when:

  • A partner becomes of unsound mind/insane
  • A partner becomes permanently incapable of performing duties
  • A partner is guilty of misconduct affecting the business
  • A partner persistently breaches partnership agreement
  • The business can only be carried on at a loss
  • Any other ground where court deems it just and equitable

Analyzing the given options:

Option 1 (Death of a partner): This leads to dissolution by operation of law or automatic dissolution, not by court order. The firm dissolves immediately without needing court intervention.

Option 2 (With consent of all partners): This is dissolution by agreement among partners, not through court proceedings.

Option 3 (Partner becomes insane): This is a valid ground for dissolution by court under Section 44(1)(a). Any partner can approach the court to dissolve the firm when another partner becomes of unsound mind.

Option 4 (Adjudication as insolvent): When a partner is declared insolvent by a court, the firm dissolves automatically by operation of law under Section 41(d). This doesn't require a separate suit for dissolution.

The key distinction is that insanity requires partners to approach court for dissolution, while death and insolvency trigger automatic dissolution without court intervention.

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