EXPULSION OF A PARTNER (SECTION 33):
(1) A partner may not be expelled from a firm by any majority of the partners, save in the exercise in good faith of powers conferred by contract between the partners.
(2) the provisions of sub-section (2), (3) and (4) of section 32 shall apply to an expelled partner as if he were a retired partner.
(2) the provisions of sub-section (2), (3) and (4) of section 32 shall apply to an expelled partner as if he were a retired partner.
Analysis of section 33:
(i) the power of expulsion must have existed in a contract between the partners;
(ii) the power has been exercised by a majority of the partners; and
(iii) it has been exercised in good faith.
If all these conditions are not present, the expulsion is not deemed to be in bona fide interest of the business of the firm.
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