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may 1964

Supreme Court of India · 1964-05-08

SHIVAGOUDA RAVJI PATIL AND OTHERS vs CHANDRAKANT NEELKANTH SEDALGE AND OTHERS

Citation / case number
SC 1964/90255
Court
Supreme Court of India
Petitioner
SHIVAGOUDA RAVJI PATIL AND OTHERS
Respondent
CHANDRAKANT NEELKANTH SEDALGE AND OTHERS
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under Section 30(5) of the Indian Partnership Act, 1932, a minor admitted to the benefits of a partnership cannot be adjudicated insolvent for the debts of the firm after the partnership has been dissolved. The Court clarified that a minor cannot become a partner by contract and that the option to become a partner is only applicable when the partnership exists. Since the first respondent attained majority after the dissolution of the partnership, he was not liable for the acts of insolvency committed by the other partners.

SHIVAGOUDA RAVJI PATIL AND OTHERS vs CHANDRAKANT NEELKANTH SEDALGE AND OTHERS · Niyam