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Neil, Kapil, Sunil started a furniture business in partnership. After one year of their operation, they started exporting Opium by keeping them in blank spaces between the furniture. As authorities came to know about the illegal business of the firm, they will compel them for .......

Solution

✅ Correct Option: 4

When a partnership firm engages in illegal activities, the relevant provision under the Indian Partnership Act, 1932 comes into play.

According to Section 41 of the Partnership Act, a firm is compulsorily dissolved when the business of the firm becomes unlawful. In this case, exporting opium is an illegal activity under Indian law.


When authorities discover such illegal business activities:

The partnership cannot continue to operate, even with penalties or fines, because the very nature of the business has become unlawful. The law does not permit illegal activities to continue under any circumstances.

The firm faces Compulsory Dissolution - this is mandated by law and is not a matter of choice for the partners. Unlike dissolution by agreement (which is voluntary) or changing partners (which is a reconstitution), compulsory dissolution is imposed by legal authorities when:

• The business becomes unlawful, or

• It becomes impossible to carry on the business lawfully

In this scenario, since the firm is conducting illegal trade (opium export), the authorities will enforce compulsory dissolution of the partnership firm under Section 41 of the Partnership Act.

Correct Answer: Option 4 - Compulsory Dissolution

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