Grant of copies under indian partnership act
๐ Grant of Copies under the Indian Partnership Act, 1932
The Indian Partnership Act, 1932 provides for certain rights to obtain copies of documents filed with the Registrar of Firms. These provisions are mainly intended to ensure transparency and public access to information about registered partnerships.
๐น Relevant Provision: Section 66 โ Inspection of Register and Grant of Copies
This is the key section dealing with the grant of copies.
๐งพ Section 66 โ Key Points:
Inspection Rights:
The Register of Firms maintained by the Registrar can be inspected by any person.
This includes documents filed by firms like:
Statements under Section 58 (Registration)
Notice of changes (like change in firm name, address, partners, etc.)
Right to Obtain Copies:
Any person can apply to the Registrar to obtain certified copies of:
Entries in the Register of Firms
Documents filed with the Registrar
Certification:
The Registrar will provide certified copies.
Such copies are admissible as evidence in courts, as per Section 68.
โ Purpose of Granting Copies
To allow third parties to verify the legal status of a firm.
To check who the partners are, their liability, and the address of the firm.
Useful for banks, clients, government authorities, and business partners.
๐ Practical Example
Suppose you are doing business with a firm and want to check if it's registered and who its partners are. You can:
Visit the Registrar of Firms office (usually under the State Government)
Inspect the Register of Firms
Request certified copies of relevant documents (like the partnership deed, registration statement)
๐ Case Law Reference
Although there are limited direct case laws on Section 66, courts have upheld the general principle of right to information and transparency in public registers.
๐น Murlidhar Aggarwal v. State of U.P., AIR 1974 SC 1924
While not directly on Section 66, the Court emphasized the importance of making public records accessible, especially when such access affects the rights of third parties.
๐ Important Notes
Only registered firms have entries in the Register. If a firm is not registered under Section 58, no records will be available.
The grant of copies is subject to prescribed fees and procedures under State rules.
๐งพ Summary Table
| Provision | Right Granted | Who Can Apply | Type of Document |
|---|---|---|---|
| Section 66 | Right to inspect Register of Firms and obtain certified copies | Any person | Register entries, filed documents |
| Section 68 | Admissibility of certified copies | N/A | Certified copies are evidence in court |
RELATED Blog
0 comments