In accordance with provisions of the Indian Partnership Act, 1932, explain the following: (i) The rights of an outgoing partner to carry on…
CA Foundation · Business Laws · PYQS · May 2025
In accordance with provisions of the Indian Partnership Act, 1932, explain the following: (i) The rights of an outgoing partner to carry on competing business. (ii) The rights of a partner to be indemnified by the firm and the liability of a partner to indemnify the firm.
Suggested Answer and Working Notes:
(a) (i) Rights of outgoing partner to carry on competing Business (Section 36 of the Indian Partnership Act,1932) An outgoing partner may carry on business competing with that of the firm and he may advertise such business, but subject to contract to the contrary, he may not, (a) use the firm name, (b) represent himself as carrying on the business of the firm or (c) solicit the custom of persons who were dealing with the firm before he ceased to be a partner. Agreement in restraint of trade - A partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within specified local limits and, notwithstanding anything contained in section 27 of the Indian Contract Act,1872, such agreement shall be valid if the restrictions imposed are reasonable. (ii) Right of the partners to be indemnified by the firm [Section 13(e)]: Every partner has the right to be indemnified by the firm in respect of payments made and liabilities incurred by him in the ordinary and proper conduct of the business of the firm as well as in the performance of an act in an emergency for protecting the firm from any loss, if the payments, liability and act are such as a prudent man would make, incur or perform in his own case, under similar circumstances. Liability of partner to indemnify the firm [Section 13(f)]: A partner must indemnify the firm for any loss caused to it by wilful neglect in the conduct of the business of the firm.
Topics: The Indian Partnership Act, 1932
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