Amendment status not verified — confirm the current text below against the official source.
Partnership at will - Where no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is " Partnership at will" S. Particular partnership - A person may become a partner with another person in particular adventures or undertaking CHAPTER -III RELATIONS OF PARTNERS TO ONE ANOTHER General Duties of partners- Partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other, and to render true accounts and full information of all things affecting the firm to any partner or his' legal representative. SHORT NOTE -sec.9- Sleeping partner can file a suit for rendition of account - Sita Ram vs. Radha Rai, AIR 1968 SC 534. Duty to indemnify for loss caused by fraud- Every partner shall indemnify the firm for, any loss caused to it by his fraud in the conduct of the business of the firm. Determination of rights and duties of partners by contract between the partners: (1) Subject to the provisions of this Act, the mutual rights and duties of the partners of a firm may be determined by contraft between the partners, and such contract may be expressed or may be implied by a course of dealing. Such contract may be varied by consent of all the partners, and such coOnsent may be expressed or may be implied by a course of dealing. 2) Agreements in restraints of trade- Notwithstanding any thing contained in Sec. 27 of the Indian Contract Act, 1872, such contracts may provide that a partner shall not carry on any business other than that of the firm while he is a partner. The conduct of the business- Subject to contract between the partners- Every partner has a right to take part in the conduct of the business. Every partner is bound to attend diligently to his duties in the conduct of the business. any difference arising as to ordinary matters connected with the business may be decided by a majority of the partners, and every partner shall have the right to express his opinion before the matter is decided, but no change may be made in the nature of the business without any consent of all the partners and every partner has a right to have access to and to inspect and copy any of the books of the firm . 13) Mutual rights and liabilities - Subject to contract between the partners - a) a partner is not entitled to receive remuneration for taking part in the conduct of the business; The partners are entitled to share equally in the profits earned, and shall contribute equally to the losses sustained by the firm. Where a partner is entitled to interest on the capital subscribed by him such interest shall be payable only out of profits. a partner making, for the purposes of the business, any payment or advance beyond the amount of capital he has agreed to subscribe, is entitled to interest thereon at the rate of six per cent, per annum The firm shall indemnify a partner in respect of payments made and liabilities incurred by him. i) In the ordinary and proper conduct of the business, and fi) In doing such act, in an emergency, for the purpose of protecting the firm from loss as would be done by a person of ordinary prudence, in his own case, under similar circumstances and a partner shall indemnify the firm for any loss caused to it by his willful neglect in the conduct of the business of the firm. Short note -Sec 13- All the partners are entitled & liable for equal share in loss & profit in absence of any agreement - Mandyala Govindu vs. C.I.T., AIR 1975 SC 2284 : (1976) 1 SCC 248" Asha Ram vs. Ram Chander, 1993 (1) WLN 388.