Question Details

According to which section of the partnership Act 1932, the dissolution of a partnership between all the partners of a firm is called the dissolution of the firm?

Options

A

Section 32

B

Section 35

C

Section 37

D

Section 39

Show Answer

Correct Answer :

Option D

Section 39

Solution :

The correct option is Section 39.


Step-by-step Explanation:


Under the Indian Partnership Act, 1932, a clear distinction is made between the dissolution of a partnership and the dissolution of a firm.


1. Dissolution of Partnership: This refers to a change in the relation of the partners, such as when a partner retires, dies, or becomes insolvent, but the remaining partners continue to carry on the business of the firm. In this case, the firm itself is not dissolved.


2. Dissolution of the Firm: This refers to the complete breakdown of the partnership relation between all the partners of a firm, leading to the winding up of the business affairs, realization of assets, and settlement of liabilities.


3. Statutory Provision: According to Section 39 of the Indian Partnership Act, 1932:
"The dissolution of partnership between all the partners of a firm is called the 'dissolution of the firm'."


Therefore, Section 39 explicitly defines the dissolution of the firm as the dissolution of partnership between all the partners.

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