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Aman’s parents died in a road accident when he was 12. Since then Aman has been in the care and custody of Bhim’, his uncle and his guardian as per the will of Aman’s mother. Chaman, a friend of Aman’s father and a partner in a reputed firm engaged in the business of storage of goods, decides to help out Aman by admitting him to the benefits of Chaman’s partnership firm. He speaks to his partners and they decide by majority to approve the proposal by Chaman. Dev, Eddy and Farhan do not agree with this proposal and they note their dissent. Thus, starting from the age of 15, Aman has been admitted into the benefits of the partnership. Aman turned 18 on 03.02.2013. Three months after the said date, Aman is informed that he had been so admitted into the benefits of a partnership and that all benefits accrued over the years can be accessed by him through a Trust set of for this purpose. On 03.09.2013, Aman issues a notice confirming his intention to become a partner in the firm. He sends a notification to the Registrar of Firms and also publishes a notification in the Indian Express, a national daily which has the highest circulation in his locality.
Mithun read the notification in Indian Express. Mithun knows Aman from childhood and has always been impressed by his smartness and his deep faith in religion. Aman is a devotee of Lord Shiva like Mithun and because of that he has a soft corner for Aman. Mithun approaches Aman to provide him with some business and requests him to store around 1 lakh worth of antique furniture till mithun finds a suitable buyer.
Subsequently it comes to light that as per the arrangement in the partnership firm, only persons who have been partners for more than 5 years can sign up a new client. Neither Mithun nor Aman had any idea about this restriction. Already upset with the introduction of Aman, Dev, Eddy and Farhan raise objections to the agreement between Aman and Mithun and also to the validity of Aman’s status as a partner.
Identify the relevant legal issues arising in the case and determine the controversy involved therein. (20 Marks)
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