Indian Partnership Act_Dissolution of Partnership Firm

Dissolution of Partnership Firm

1. According to Section 39 of the Indian Partnership Act, 1932 the dissolution of partnership between all partners of a firm, is called Dissolution of the Firm.
2. It is a complete breakdown of the relation of partnership between all the partners.
3. The modes of Dissolution of the Firm are as under -
• Dissolution of the Firm Without the Order of the Court
• Dissolution of the Firm With the Order of the Court
4. A firm may be dissolved without the Order of the Court in the following ways - 
• Dissolution by Agreement (S. 40)
• Compulsory Dissolution (S. 41)
• By insolvency of partners.
• By happening of any event which makes the business of the firm illegal/unlawful
• .Dissolution on the happening of certain contingency (S. 42)
• On the expiry of the term of Partnership Firm
• On completion of the undertakings
• On the death of Partner
• Adjudication of Partner as Insolvent
• Dissolution by Notice of Partnership at Will (S. 43)
5. A firm may be dissolved by the Order of the Court in the following circumstances. Section 44 of the Indian Partnership Act, 1932 deal with the same.
• Unsound Mind [S. 44 (a)]
• Permanent incapacity [S. 44(b)]
• Misconduct [S. 44 (c)]
• Persistent Commission of a Breach of Agreement [S. 44 (d)]
• Transfer of Interest [S. 44 (e)]
• Business at Loss [S. 44 (f)]
• Any other Ground [S. 44 (g)]

Administrative Law_Judicial Activism

Judicial Activism

1. The term judicial activism has been defined in the Black's Law Dictionary.
2. According to it is a philosophy of judicial decision making wherein judges allow their personal views about public policy, among other factors, to guide their decisions.
3. Judicial Activism means the Supreme Court, High Courts, and other Lower Courts become activists and direct / compel the Authority to act and also direct the Government Authorities about its administration.
4. Justice is delivered to the aggrieved and disadvantaged people by using this mechanism.
5. In Judicial Activism, the Court intervenes in the working of Executive and Legislative.
6. It occurs because of non-cooperation from the other organs of the Government.
7. The role of the Supreme Court as the final interpreter is increasingly reflected in various judgments.
8. The Supreme Court has made creative interpretations which led to the creation of new rights.
9. For Example – Interpretation of Article 21 - The Supreme Court has widely elaborated the said Article and included the right to a healthy and pollution-free environment in the said Article.
10. Public Interest Litigation is a result of judicial activism and it is a mechanism to agitate public issues before the Courts.

Administrative Law_ Rule of Law

Rule of Law

1. The Doctrine of Rule of Law is the basis of the Administrative Law.
2. It is one of the most fundamental aspects of modern Legal Systems.
3. Sir Edward Coke is said to be the Founder of the concept of Rule of Law and the theory of Rule of Law was developed by Prof. A.V.Dicey
4. According to Prof. Dicey, the rule of law signifies three different but interrelated concepts namely -
• The Supremacy of the Law
• Equality before the Law
• The predominance of Legal Spirit
5. The Supremacy of the Law
• According to Dicey, “the Supremacy of the Law” is the first principle of the Rule of Law.
• It means no man is punished except for a breach of law.
6. Equality before the Law
• According to Dicey, “Equality before the Law” is the second principle of the Rule of Law.
• It means no one is above the law. 
• All are equal before the law.
7. The predominance of Legal Spirit
• “Predominance of Legal Spirit” is the third principle of the Rule of Law, as stated by Dicey.
• According to Dicey, the law court should be the guarantor and protectors of the liberty of the citizens.
8. The Doctrine of Rule of Law is accepted in the Constitution of India. It enunciates the triple concepts of justice, liberty, and equality.