Mulla The Indian Partnership Act

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Description
The present edition is being brought out just after 75 years of passing of the Indian Partnership Act, 1932. The First edition was published almost immediately after the passing of the Act. Much water has flown since then. The Act is based mainly on the UK Partnership Act, 1890 which codified the common law relating to partnership. It was but natural that in the first few editions, reference to English case laws were given prominance because those were the primary source for understanding the import of statutory structure. However, the post-indepedence era has witnessed tremendous growth of case laws of Indian superior Courts under varying factual and statutory settings. These case laws were required to be noticed at the thresh hold in the commentaries under the respective sections. Despite limitation of maintaining the tenor and arrangement of original text, efforts have been made to achieve the said objective. Justice Krishna lyer once noted that primarily our study must zero in on the Indian Partnership Act and not borrow courage from foreign systems.
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Contents
Chapter 1 : Preliminary
1.    Short title, extent and commencement
2.    Definitions
3.    Application of provisions of Act 9 of 1872
Chapter 2 : The Nature of Partnership
4.    Definition of ‘Partnership’, ‘Partner’, ‘firm’ and ‘Firm name’
5.    Partnership not created by status
6.    Mode of determining existence of partnership
7.    Partnership at will
8.    Particular partnership
Chapter 3 : Relations of Partners to One Another
9.    General duties of partners
10.  Duty to indemnify for loss caused by fraud
11.  Determination of rights and duties of partners by contract between the partners
12.  The conduct of the business
13.  Mutual rights and liabilities
14.  The property of the firm
15.  Application of the property of the firm
16.  Personal profits earned by partners
17.  Rights and duties of partners
Chapter 4 : Relations of Partners to Third Parties
18.  Partner to be agent of the firm
19.  Implied authority of partner as agent of the firm
20.  Extension and restriction of partner’s implied authority
21.  Partner’s authority in an emergency
22.  Mode of doing act to bind firm
23.  Effect of admission by a partner
24.  Effect of notice to acting partner
25.  Liability of a partner for acts of the firm
26.  Liability of the firm for wrongful acts of a partner
27.  Liability of firm for misapplication by partners
28.  Holding out
29.  Rights of transferee of a partner’s interest
30.  Minors admitted to the benefits of partnership
Chapter 5 : Incoming and Outgoing Partners
31.  Introduction of a partner
32.  Retirement of a Partner
33.  Expulsion of a partner
34.  Insolvency of a partner
35.  Liability of estate of deceased Partner
36.  Rights of outgoing partner to carry on competing business
37.  Rights of outgoing partner in certain cases to share subsequent profits
38.  Revocation of continuing guarantee by change in firm
Chapter 6 : Dissolution of a Firm
39.  Dissolution of a firm
40.  Dissolution by agreement
41.  Compulsory dissolution
42.  Dissolution on the happening of certain contingencies
43.  Dissolution by notice of partnership at will
44.  Dissolution by the Court
45.  Liability for acts of partners done after dissolution
46.  Rights of partners to have business wound up after dissolution
47.  Continuing authority of partners for purposes of winding up
48.  Mode of settlement of Accounts between partners
49.  Payment of firm debts and of separate debts
50.  Personal profits earned after dissolution
51.  Return of premium on premature dissolution
52.  Rights where partnership contract is rescinded for fraud or misrepresentation
53.  Rights to restrain from use of firm name or firm property
54.  Agreements in restraint of trade
55.  Sale of goodwill after dissolution
Chapter 7 : Registration of Firms
56.  Power to exempt from application of this Chapter
57.  Appointment of Registrars
58.  Application for registration
59.  Registration
60.  Recording of alterations in firm name and principal place of business
61.  Noting of closing and opening of branches
62.  Noting of changes in names and address of partners
63.  Recording changes in and dissolution of a firm
64.  Rectification of mistakes
65.  Amendments of Register by order of court
66.  Inspection of Register and filed documents
67.  Grant of copies
68.  Rules of evidence
69.  Effect of non-registration
70.  Penalty for furnishing false Particulars
71.  Power to make rules
Chapter 8. Supplemental
72.  Mode of giving Public notice
73.  Repeals
74.  Savings
Schedule I
Schedule II
Appendix I - Statement of objects and reasons
Appendix II - The Code of civil procedure 1908
Appendix III - (The UK) Partnership Act 1890
Appendix IV - The Indian Contract Act, 1872

Subject Index
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Author Details
Authors - Pollock & Mulla
Revising Author - Devashish Bharuka LL M (Harvard) Advocate-on-Record, Supreme Court of India
Research Assistant - Ravi Bharuka Advocate, Supreme Court of India
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