PARTNERSHIP ACT 1892 - SECT 35 Dissolution by the Court

PARTNERSHIP ACT 1892 - SECT 35

35 Dissolution by the Court

On application by a partner the Court may order a dissolution of the partnership in any of the following cases--

(a) When a partner has been declared in accordance with law to be of unsound mind and incapable of managing the partner's affairs, or is shown to the satisfaction of the Court to be of permanently unsound mind, in either of which cases the application may be made as well on behalf of that partner by the partner's committee or next friend or person having title to intervene as by any other partner.

(b) When a partner, other than the partner suing, becomes in any other way permanently incapable of performing the partner's part of the partnership contract.

(c) When a partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the Court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the business.

(d) When a partner, other than the party suing, wilfully or persistently commits a breach of the partnership agreement, or otherwise conducts himself or herself in matters relating to the partnership business so that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with the partner.

(e) When the business of the partnership can only be carried on at a loss.

(f) Whenever in any case circumstances have arisen, which, in the opinion of the Court, render it just and equitable that the partnership be dissolved.