Correct option is D
The correct answer is: (d) Section 4
Explanation:
Section 4 of the Indian Partnership Act, 1932 provides the legal definition of a partnership: "Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all."
Individuals who enter into a partnership are called partners.
Collectively, they form a firm, and the business is carried on under the firm name.
The essence of partnership is the agreement to share profits of a business.
Information Booster:
Key Elements of Partnership under Section 4:
Agreement between persons: A contract is necessary; it cannot be created by mere status.
Sharing of profits: The agreement must involve profit-sharing.
Business carried on by all or any acting for all: Each partner may act on behalf of all partners.
Formation of a firm and firm name: Legal recognition of the collective entity.
Importance: Section 4 is foundational as it distinguishes partnership from other business relationships and ensures clarity about the roles and rights of partners.
Additional Knowledge:
Section 5 – Partnership not created by status:
Partnership arises from contract, not from status.
Members of a Hindu Undivided Family (HUF) or Burmese Buddhist husband and wife do not automatically become partners.
Section 7 – Partnership at will:
Governs partnerships without a fixed duration or termination clause.
Section 8 – Particular partnership:
Covers partnerships for specific ventures or undertakings rather than ongoing business.