PARTNERSHIP ACT 1895 - SECT 46
PARTNERSHIP ACT 1895 - SECT 46
46 . Dissolution by court
On application by a
partner the court may decree a dissolution of the partnership in any of the
following cases —
(a) when
a partner is found lunatic by inquisition, or is shown to the satisfaction of
the court to be of unsound mind, in either of which cases the application may
be made as well on behalf of that partner by his 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 his 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 partner suing, wilfully or persistently commits a
breach of the partnership agreement, or otherwise so conducts himself 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 him;
(e) when
a partner, other than the partner suing, encumbers his interest in the
property or profits of the firm;
(f) when
the business of the partnership can only be carried on at a loss;
(g)
whenever in any case whatever circumstances have arisen which, in the opinion
of the court, render it just and equitable that the partnership be dissolved.