Practicing Success

Target Exam

CUET

Subject

Accountancy

Chapter

Dissolution of Partnership Firm

Question:

If a partner becomes permanently incapable of performing his duties as a partner, then by which mode firm is dissolved?

Options:

Dissolution by Agreement

Dissolution by Court

Dissolution by Notice

Dissolution due to compulsion

Correct Answer:

Dissolution by Court

Explanation:

The correct answer is option 2- Dissolution by Court.

If a partner becomes permanently incapable of performing his duties as a partner, then firm will be dissolved by the mode of court.

Dissolution by Court: At the suit of a partner, the court may order a partnership firm to be dissolved on any of the following grounds:
(a) when a partner becomes insane;
(b) when a partner becomes permanently incapable of performing his duties as a partner
(c) when a partner is guilty of misconduct which is likely to adversely affect the business of the firm;
(d) when a partner persistently commits breach of partnership agreement;
(e) when a partner has transferred the whole of his interest in the firm to a third party;
(f) when the business of the firm cannot be carried on except at a loss; or
(g) when, on any ground, the court regards dissolution to be just and equitable.

OTHER OPTIONS-

  • Dissolution by Agreement: A firm is dissolved : (a) with the consent of all the partners or (b) in accordance with a contract between the partners.
  • Compulsory Dissolution: A firm is dissolved compulsorily in the following cases:
    (a) when all the partners or all but one partner, become insolvent, rendering them incompetent to sign a contract;
    (b) when the business of the firm becomes illegal; or
    (c) when some event has taken place which makes it unlawful for the partners to carry on the business of the firm in partnership, e.g., when a partner who is a citizen of a country becomes an alien enemy because of the declaration of war with his country and India.
  • Dissolution by Notice: In case of partnership at will, the firm may be dissolved if any one of the partners gives a notice in writing to the other partners, signifying his intention of seeking dissolution of the firm.