Indian Partnership Act, 1932

Section - 36 - Rights of outgoing partner to carry on competing business

Right of outgoing partner to carry on competing business

36. (1) An outgoing partner may carry on a business competing with that of the firm and he may advertise such business, but, subject to contract to the contrary, he may not-

(a) - use the firm name,
(b) - represent himself as carrying on the business of the firm, or
(c) - solicit the custom of persons who were dealing with the firm before he ceased to be a partner.
(2) Agreements in restraint of trade-A partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within a specified local limits; and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable.

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