When the business of the partnership firm becomes illegal, it leads to dissolution of the firm under ___________?
When the business of the partnership firm becomes illegal, it leads to dissolution of the firm under ___________?
Solution
When the business of a partnership firm becomes illegal or unlawful, the firm is dissolved automatically by operation of law. This falls under Compulsory Dissolution as per Section 41 of the Indian Partnership Act, 1932.
Under compulsory dissolution, a partnership firm is dissolved mandatorily in the following situations:
• When all partners or all partners except one become insolvent
• When the business of the firm becomes illegal
• When an event occurs making it unlawful for the partners to carry on business in partnership (e.g., if partners of different countries go to war)
When the business becomes illegal, there is no choice or discretion involved. The firm must be dissolved immediately. This is different from:
- Dissolution by Court → requires filing a suit and court's order based on specific grounds like misconduct, incapacity, or persistent breach
- Dissolution by Agreement → requires mutual consent of all partners
- Dissolution on happening of certain contingencies → includes expiry of term, completion of venture, death or insolvency of a partner (where the agreement may provide for continuation)
Since illegality leaves no room for the firm to continue operations lawfully, the dissolution is automatic and compulsory by law.
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