PARTNERSHIP ACT 1891 - SECT 38 Dissolution by the court

PARTNERSHIP ACT 1891 - SECT 38

38 Dissolution by the court

On application by a partner the court may decree a dissolution of the partnership in any of the following cases—

(a) if a partner is shown to the satisfaction of the court to be of permanently unsound mind, in which case the application may be made as well on behalf of that partner by his or her committee or next friend or person having title to intervene as by any other partner;

(b) if a partner, other than the partner suing, becomes in any other way permanently incapable of performing his or her part of the partnership contract;

(c) if a partner, other than the partner suing, has been guilty of conduct that, 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) if a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself or herself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with the partner;

(e) if the business of the partnership can only be carried on at a loss;

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