Expulsion of partner under partnership act
Anamika
(Querist) 08 December 2012
This query is : Resolved
Hi,
Please answer the following queries asap:-
1. Can an unregistered firm expel a partner?
2. What constitutes"good faith" as mentioned in Sec 33 ???
3.Whether public notice has to to be given simultaneous to the notice of expulsion ???
Thanx & Regards,
Anamika.
prabhakar singh
(Expert) 08 December 2012
1. Can an unregistered firm expel a partner?
Yes.Why not.The provision of registration is contained in section 69 of the Act under consideration which does bar a firm to run without registration but disables the firm as well as its' partners to enforce it's rights inter-se or against third persons via any suit or other legal proceedings.
2. What constitutes"good faith" as mentioned in Sec 33 ???
Honesty; a sincere intention to deal fairly with others.
Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably.
3.Whether public notice has to to be given simultaneous to the notice of expulsion ???
An optional fact like registration but advisable.
prabhakar singh
(Expert) 08 December 2012
One request of mine that please do not treat us tutors and for queries of these kinds visit Forum section of this site.Enough is enough.
Devajyoti Barman
(Expert) 08 December 2012
I on principle do not reply academic query here..
R.K Nanda
(Expert) 08 December 2012
academic query.
ajay sethi
(Expert) 08 December 2012
acadmeic queries are not replied by experts
Raj Kumar Makkad
(Expert) 08 December 2012
This is purely an academic query requires no reply from experts.
