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:
- (B) and (D) only
- (A), (B) and (D) only
- (A) and (D) only
- (B), (C) and (D) only
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:
- (B) and (D) only
- (A), (B) and (D) only
- (A) and (D) only
- (B), (C) and (D) only
Solution
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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