Which of the following are the ways for the dissolution of a firm?
(A) Dissolution by Notice
(B) Dissolution by agreement
(C) Dissolution by court
(D) Dissolution by not terminating business
Choose the correct answer from the options given below:
Which of the following are the ways for the dissolution of a firm?
(A) Dissolution by Notice
(B) Dissolution by agreement
(C) Dissolution by court
(D) Dissolution by not terminating business
Choose the correct answer from the options given below:
Solution
Under the Indian Partnership Act, 1932, a partnership firm can be dissolved through specific recognized modes.
Analyzing each option:
(A) Dissolution by Notice - This is a valid mode. In a partnership at will (where no fixed duration is specified), any partner can dissolve the firm by giving written notice to all other partners.
(B) Dissolution by agreement - This is a valid mode. All partners can mutually agree to dissolve the firm at any time, as per the terms mentioned in the partnership deed or through a fresh agreement.
(C) Dissolution by court - This is a valid mode. A court can order dissolution on various grounds such as:
- Insanity or unsoundness of mind of a partner
- Permanent incapacity of a partner
- Misconduct affecting the business
- Persistent breach of agreement
- Business running at a loss continuously
- When it is just and equitable to dissolve
(D) Dissolution by not terminating business - This is not a valid mode. The phrase itself is contradictory - "not terminating business" means continuing operations, which is the opposite of dissolution. Dissolution means ending the business relationship and winding up affairs.
Other recognized modes include dissolution by the happening of certain contingencies (completion of venture, expiry of term, death/insolvency of a partner) and compulsory dissolution (all partners except one become insolvent, business becomes illegal).
The valid modes among the given options are (A), (B) and (C) only.
Correct Answer: Option 1
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