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Choose combination of statements that are true about dissolution-

(A) Dissolution of partnership can not take place without intervention of the court.

(B) Court can order a firm to be dissolved when a partner becomes insane.

(C) A firm is compulsorily dissolved when a partner decide to retire.

(D) A partnership is dissolved when there is a death of a partner.

Choose the correct answer from the options given below:

  1. (B) and (D) only
  2. (A), (B) and (D) only
  3. (A) and (D) only
  4. (B), (C) and (D) only

Solution

✅ Correct Option: 1

Analyzing each statement about dissolution of partnership:

(A) Dissolution of partnership cannot take place without intervention of the court - FALSE

Dissolution can occur through various ways without court intervention:

  • By mutual agreement among partners
  • By notice (in partnership at will)
  • On expiry of fixed term
  • On completion of venture

Court intervention is required only in specific circumstances like disputes or when partners cannot agree.


(B) Court can order a firm to be dissolved when a partner becomes insane - TRUE

Under the Indian Partnership Act, 1932, a court may order dissolution when a partner becomes of unsound mind. This falls under dissolution by court order due to partner's incapacity.


(C) A firm is compulsorily dissolved when a partner decides to retire - FALSE

Retirement of a partner leads to reconstitution, not compulsory dissolution. The remaining partners can continue the business with mutual consent. The partnership agreement determines whether the firm continues or dissolves.


(D) A partnership is dissolved when there is death of a partner - TRUE

As per Section 42 of the Partnership Act, death of a partner dissolves the firm (subject to contract between partners). Unless there's a prior agreement stating the firm will continue, death automatically dissolves the partnership.

Note: If the partnership deed provides that the firm will continue after a partner's death, then only reconstitution occurs, not dissolution. However, the default legal position is dissolution.

Correct statements: (B) and (D) only

Answer: Option 1

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