SC: Section 22 of Hindu Succession Act Preference For Class-I Heirs Applies to Agricultural Land  ||  Supreme Court: Refund Clause in Sale Agreement Does Not Extinguish Right to Specific Performance  ||  SC Clarifies When a Probate Application Filed After a Testator's Death is Time-Barred  ||  Madras HC: Coordinate Bench Cannot Reopen Issue Already Settled by Another Division Bench  ||  Delhi HC Urges Law to Regulate Media, Notes Anyone with a Mobile Phone Can Claim to be a Journalist  ||  CCI Rejects Allegations of Collusion Involving Reliance Jio and More Than 4,500 Entities  ||  Allahabad HC: Working Mother with Child Custody Cannot Shift Entire Maintenance Liability to Father  ||  Bombay HC: Possessory Suit U/S 6 of the SRA is Maintainable Despite a Licensor-Licensee Relationship  ||  Del HC: Master's Candidates Without the Prescribed Bachelor's Degree are Ineligible as Govt Teacher  ||  Cal HC: BSF Cannot Deny DIG Rank to an Officer Injured in 1995 Road Accident After Earlier Promotion    

Sarkhel Enterprise and Ors. v. Jagannath Maity and Ors. - (High Court of Calcutta) (11 Aug 2015)

Partner intending to retire from business not the same as partner who died in the course of the partnership

MANU/WB/0680/2015

Civil

A partnership does not automatically stand dissolved if a partner shows an intention to retire, or even serves notice of retirement to the other partner. The Defendants had alleged that the desire of one of the Plaintiff's to retire meant a dissolution of the partnership as the partnership would be left with only one partner. The Court held that the intention of the partner was not static and was subject to reconsideration later; further, once notice was given, it could subsequently be withdrawn with the consent of the other partners. It rejected the Defendant's submissions, observing that the difference in the finalities contained in death and a decision to retire could not be equated.

Relevant : Commissioner of Income Tax, Madhya Pradesh, Nagpur and Bhandara vs. Seth Govindram Sugar Mills MANU/SC/0170/1965 Paul Enterprise and Ors. vs. State of West Bengal and Ors. MANU/WB/0214/2004

Tags : PARTNERSHIP   NOTICE   RETIRE   DISSOLUTION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved