Facts: Akot Wine Store was a partnership at will that included Vijaykumar Jaiswal, Arunkumar Jaiswal, and Dinkarrao Gawande. Dinkarrao Gawande passed away in 1994, and Vijaykumar Jaiswal quit the company subsequently. Akot Wine Store was a partnership at will that included Vijaykumar Jaiswal, Arunkumar Jaiswal, and Dinkarrao Gawande. Dinkarrao Gawande passed away in 1994, and Vijaykumar Jaiswal quit the company subsequently. As a result, after the company was disbanded. According to the partnership agreement, departing partners or the legitimate heirs of a partner who has passed away cannot assert his rights on the firm's goodwill.
Furthermore, in the event of a partner's retirement or demise, all licencing and other rights would pass to the surviving partners. Thus, the appellant was left as the only business owner. The licence for a wine business just included his name.
Issue: During a clash between government circular and Partnership agreement, which among them would prevail?
Held: In accordance with the provisions, the partners signed the partnership document. Kamlabai is not entitled to a claim on behalf of the legal heirs since such a right was not reserved in the licence or agreement. Partnerships are entirely dependent on contracts and are not inherited. Government circulars would not have any legal weight compared to this legal position.
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