General &Commercial Law

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This query is : Resolved

sweta (Querist)

11 June 2009 a)X commits an offence by causing injury to Y,punishable u/s323 of the IPC which is punishable for a term of 1 yr.or with a fine of RS.1000.Y makes a complaint to the metropolitan magistrate against X after 10 mths.of the commission of the offence. Can the said court take cognizance of that offence?
b)A and B contract to become partners,the contract isn't specifying the duration of the proposed partnership.Can this contract be specifically enforced?

aditi daga

aditi daga (Expert)

11 June 2009 b)Where no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is “partnership at will”. [section 7]. Partnership ‘at will’ means any partner can dissolve a firm by giving notice to other partners .

Specific Relief act provides that there are some contracts which cannot be enforced. one of which is:
When a contract is in its nature determinable i.e. can be brought to an end under given conditions.
Illustration - A and B enter into a partnership to do certain business, without specifying the duration of the partnership.This cannot be specifically enforced because if enforced, either A or B might at once dissolve the partnership.
The remedy in such cases is to sue for damages.