Q: Darshit made a partnership agreement of his firm with another firm ? Is the partnership agreement valid ?
Ans: Under section 4 of Indian Partnership Act, 1932, the definition of partner is mentioned. According to section 4 of Indian Partnership Act, 1932, the partnership is made between two persons. The persons can be the natural person as well as artificial person. The partnership firm is not a seperate legal entity and all the persons of the firm will be the partners with another firm.
The company has a seperate legal entity, A company is a “Separate Legal Entity” having its own identity distinct from its members.
As a legal entity, a company can own a property in its own name, can
sue as well as can be sued in its own name and can also enjoy perpetual succession,
among others.
In case of Mahabir cold storage v. CIT, 1991, SC, it is mentioned that the partnership firm has not seperate legal entity.
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