Unit 1 of Contract – II (syllabus: Module I — the nature of partnership, the relations of partners to one another and to third parties, the incoming and outgoing of partners, registration and its consequences, and dissolution). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What is the test for the existence of a partnership?
- How far does a partner's implied authority bind the firm?
- What is the position of a minor admitted to the benefits of partnership?
- When is a person liable for a firm's debts although he is not a partner?
- What does non-registration of a firm actually bar?
- What property belongs to the firm rather than to the partner who brought it?
- What must an outgoing partner do, and what may he claim?
- How is a partnership dissolved, and what happens next?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Indian Partnership Act 1932, s. 4 and 6
- Indian Partnership Act 1932, s. 18, 19, 20 and 22
- Indian Partnership Act 1932, s. 30
- Indian Partnership Act 1932, s. 28
- Indian Partnership Act 1932, s. 69
- Indian Partnership Act 1932, s. 14 and 15
- Indian Partnership Act 1932, s. 32, 36 and 37
- Indian Partnership Act 1932, s. 39 to 48
Leading cases
- Cox v. Hickman (1860) 8 H.L.C. 268
- Hamlyn v. Houston & Co. (1903) 1 K.B. 81
- Shivgouda Ravji Patil v. Chandrakant Neelkanth Sadalge
- Tower Cabinet Co.
- Haldiram Bhujiawala v. Anand Kumar Deepak Kumar (2000) 3 SCC 250
- Miles v. Clarke (1953) 1 All ER 779
Full case summaries
- K.D. Kamath and Co. v. Commissioner of Income Tax (1971)
- Cox v. Hickman (1860)
- Mollwo, March and Co. v. The Court of Wards (1872)
- Miles v. Clarke (1953)
- Trimble v. Goldberg (1906)
- Hamlyn v. Houston and Co. (1903)
- Tower Cabinet Co. Ltd v. Ingram (1949)
- Shivgouda Ravji Patil v. Chandrakant Neelkanth Sadalge (1965)
- Jagdish Chandra Gupta v. Kajaria Traders (India) Ltd (1964)
- Haldiram Bhujiawala v. Anand Kumar Deepak Kumar (2000)