Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1970

Supreme Court of India · 1970-02-12

KHUSHAL KHEMGAR SHAH & ORS. vs KHORSHED BANU DADIBA BOATWALLA AND ANR.

Citation / case number
SC 1966/60260
Court
Supreme Court of India
Petitioner
KHUSHAL KHEMGAR SHAH & ORS.
Respondent
KHORSHED BANU DADIBA BOATWALLA AND ANR.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the legal representatives of a deceased partner are entitled to a share in the goodwill of a firm continuing after the partner's death, unless there is an express stipulation to the contrary in the partnership deed. The Court interpreted Sections 14, 39, 42, 46, and 55 of the Partnership Act, 1932, concluding that goodwill is an asset of the firm and should be included in the account of the partnership. The appeal was dismissed, affirming the right of the deceased partner's representatives to claim goodwill as part of the partnership assets.

KHUSHAL KHEMGAR SHAH & ORS. vs KHORSHED BANU DADIBA BOATWALLA AND ANR. · Niyam