Supreme Court · 2010 INSC 12 · Decided 5 January 2010
MOHD. Laiquiddin and ANR. v. Kamala Devi Misra (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 12 · [2010] 1 S.C.R. 873
- Case number
- CIVIL APPEAL No. 6933/2002
- Decided
- 5 January 2010
- Bench
- TARUN CHATTERJEE, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136
Headnote
Indian Partnership Act, 1932: A B ss.42 and 4 - Deemed dissolution of firm - Two partner5 c - Death of one partner - LRs of deceased partner not interested in continuing the firm or in constituting a fresh firm - Effect of - Held: Since there were only two partners constituting death of one of them, there was deemed dissolution of the firm, despite existence D of a clause in the partnership deed which said otherwise - A partnership is a contract between partners - There cannot be any contract unilaterally without acceptance by the other partner - LRs of the deceased
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