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Q.State any two situations when compulsory dissolution of a partnership firm takes place.

CBSECBSE Class XII Board 2022Subjective· 2mImportance★★★★★
✓ Free question

Compulsory dissolution (Section 41, Indian Partnership Act 1932) is forced by law, not the partners' choice. Two situations: (1) all partners — or all but one — are declared insolvent, and (2) the firm's business becomes unlawful.

When we talk about the dissolution of a partnership firm, it means the termination of the partnership between all the partners of the firm. This brings the firm's existence to an end. While dissolution can occur voluntarily (by agreement, notice, or on the happening of certain contingencies), sometimes it is forced upon the firm by law, irrespective of the partners' wishes. This is known as compulsory dissolution.

Compulsory dissolution is governed by Section 41 of the Indian Partnership Act, 1932. It occurs in situations where the very basis of the partnership or its legality is fundamentally undermined, making it impossible or unlawful for the firm to continue its operations.

Here are two situations when compulsory dissolution of a partnership firm takes place:

  1. By the Insolvency of All Partners (or All but One Partner):

    A partnership requires at least two solvent partners to exist. If all the partners, or all but one partner, are declared insolvent (adjudicated as insolvent by a court), the firm is compulsorily dissolved. This is because an insolvent person is legally incapacitated from entering into contracts, and thus cannot be a partner. If only one partner remains solvent, the partnership effectively ceases to exist as a partnership requires a minimum of two partners.

  2. By the Business Becoming Unlawful:

    If the business carried on by the firm becomes unlawful due to a change in law or public policy, the firm is compulsorily dissolved. For example, if a law is passed prohibiting the trade that the firm was engaged in, or if the country goes to war with the country where one of the partners is a citizen (making that partner an 'alien enemy' and rendering the partnership with them unlawful), the firm must dissolve. The fundamental principle here is that no partnership can legally exist to carry on an unlawful business.

✓Final answer

Two situations when compulsory dissolution of a partnership firm takes place are: (1) when all partners, or all but one partner, become insolvent, and (2) when the business of the firm becomes unlawful.

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