Law: Partnership Act, 1932

Section: S. 44 read with Ss. 11 and 32

(a) Partnership Act (IX of 1932), S. 44 read with Ss. 11 and 32-Court's power to dissolve partnership-Remains intact even if there is any provision to contrary in agreement of partnership-- Ss. 32 and 44 do not override each other-Agreement of partnership made subject to provisions of Act by S. 11-Partners cannot con tract themselves out of right to have recourse to Court for dissolution of partnership, nor can Court be deprived of power to dissolve by agreement between partners-Suit for dissolution riot barred notwith standing agreement of partnership providing for retirement of partners.   Held, that even if parties to a deed of partnership had agreed that any of them would be at liberty to retire, by giving notice of this fact, and would not have recourse to litigation for having the partnership dissolved the power of the Court to order dissolution remained unaffected, nor was the right of the partners to claim dissolution taken away by such an agreement.   Section 11 of the Partnership Act, which provides for the determination of rights and duties of partners, by agreement between them, has been made subject to the provisions of the Partnership Act, meaning thereby that no such agreement can override the provisions of the Partnership Act, but would be sub ordinate to it. No limitation is placed on the power conferred by section 32 of the Act, on a partner to retire from the partnership, by agreement with the other partners but this does not mean that such an agreement between them can override any other provisions of the Act, specially those of section 44, which permit a Court to dissolve a firm under certain conditions. Sections 32 and 44 of the Act being both independent provisions of law, one cannot override the other and, hence, the argument that an agree ment entered into between the partners, permitting one of them to retire; would take away the power of the Court to dissolve such a partnership under section 44 of the Act, has no force.   Rehmatunnissa Begum and others v. Price and others A I R 1917 PC 116rel.   Cowasjee Nanabhoy v. Lallbhoy Vullubhoy and others 1 Bom. 468 and Vali Venkataswami and others v. Gannabathulla…