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Question

X, .Y and Z are partners. The majority of the partners decide t dissolve the firm. Discuss the legal position.in?each of the following alternative cases
Case (a): If the partnership agreement is silent.
Case (b) If the, partnership agreement provides for dissolution by. mutual . agreement only.
Case(c): It.the partnership agreement provides for dissolution. by any. majority of the .partner

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Solution

Solution: Section to which the given problem relates: Section 40
Decision and Reason:
Case (a): The firm cannot be dissolved by majority of partners If partnership agreement is silent, the firm can be dissolved with the consent of all the partners.
Case (b): The firm cannot be dissolved by majority of partners because the partnership agreement provided for dissolution by mutual agreement, i.e. with the consent of all the partners.
Case (c): The firm can be dissolved by majority of partners because the partnership agreement provides for the same.

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