Can a partner be expelled? If so, how? Which factors should be kept in mind prior to expelling a partner from the firm by the other partners according to the provision of Indian Partnership Act, 1932?\nOR\nComment on 'the right to expel partner must be exercised in good faith' under the Indian Partnership Act, 1932.
Expulsion of partner and factors to be kept in mind: \nAs per Section 33 of the Indian Partnership Act, 1932, a partner may not be expelled from a firm except \ni) the power of expulsion must have existed in a contract between the partners;\nii) the power has been exercised by a majority of the partners; and\niii) it has been exercised in good faith. \nIf all these conditions are not present, the expulsion is not deemed to be in bona fide interest of the business of the firm and shall be null and void. \nThe test of good faith as required under Section 33(1) includes three things: \ni) The expulsion must be in the interest of the partnership \nii) The partner to be expelled is served with a notice\niii) He is given an opportunity of being heard. \nYes, a partner may be expelled by other partners strictly in compliance with the provisions of section 33.
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