Defination of partner as per partnership act

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Nirav (Querist)
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09 December 2010 Can n e 1 tell me which combination is correct as per supreme court judgemnet's for forming partnership firm
1) HUF+HUF
2) HUF+Firm(already registered)
3) Karta+Karta
4) Compani(pvt or Pub)+ Company (pvt or Pub)
5) Company(pvt or Pub)+ Firm (already registered)
pls repy with relavant sec. n case law if possible.
rep soon its urgrnt

Ajay Mishra

Ajay Mishra (Expert)
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09 December 2010 Dear Nirvan

MEANING OF PARTNERSHIP
A Partnership is defined under section 4 of Indian Partnership Act, 1932, as “the relations between persons who have agreed to share profits of the business carried on by all are any of them acting for all”. This Definition gives three minimum requirements to constitute a Partnership, viz:
• There must be an agreement entered into orally or in writing by the persons who desire to form a Partnership,
• The object of the agreement must be to share the profits of business intended to be carried on by the Partnership, and
• The business must be carried on by all the partners or any of them acting for all of them.
• Persons who have entered into partnership with one another are called individually "partner" and collectively "a firm".
• The name under which their business is carried on is called the “firm-name”.
• When duration of partnership is not defined, the partnership is "partnership at will". When persons become partner for a particular venture or for a specified time, it is called a "particular partnership".
Partnership is an association of person carrying business and in law the firm name is compendious method of describing partners {Deoha F Guzdar, Bombay vs. CIT Air 1955 SC. 14}.
TYPES OF PARTNERSHIP
A Partnership can be formed between:
(i) one or more individuals or
(ii) between an individual and a person representing a H.U.F. or
(iii) between an individual and other partner representing his firm, or between Limited Company or a Corporation and an Individual or Partnership firm, or
(iv) between two Partnership firms, or
(v) between a Limited Company or a Corporation and an individual or Partnership firm, or
(vi) between a Partnership firm and H.U.F., or
(vii) between members of HUF in their individual and independent capacity, and
(viii) between a HUF and a member of that HUF independently.

Regards
CS Ajay Mishra

Nirav

Nirav (Querist)
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09 December 2010 But
A partnership firm is not a person and therefore a firm can not enter into partnership with any firm or individual. But a partner of the partnership firm can enter into partnership with other persons and he can share the profits of the said firm with his other co-partners of the parent firm.
pls rep

Manmohan ACA, CS

Manmohan ACA, CS (Expert)
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09 December 2010 1) HUF+HUF
YES
2) HUF+Firm(already registered)
NO
3) Karta+Karta
YES
4) Compani(pvt or Pub)+ Company (pvt or Pub)
YES
5) Company(pvt or Pub)+ Firm (already registered)
NO

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