Indian partnership act 1932
c n vittal rao
(Querist) 18 August 2010
This query is : Resolved
IF sec 52 is hit by sec69 how do you get relief in case of unregistered partnerships? also the Indian partnership act is a direct descendant of the Indian contract act which clearly stipulates that not with standing provisions of law where general principles say of EG "cases of unjust enrichment"the general principle will prevail over stipulations in the act EG providing rations to a minor etc can the law be used to shield oneself from unlawful acts?can it not be argued that sec69 cannot be a shield for committing fraud? if your view is correct the courts will be powerless to remedy fraud also partnerships are fiduciary in nature and fraud deception etc are contrary to the act could you kindly say how you reached your point of view? do you know of any other remedy assuming your are right ?
