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Recovery of Premium - S. 44
One partner has paid a premium for another on entering in a partnership to a fixed term such and the partnership is dissolved previous to the expiry of the term, if not than through the death of a partner so then the Court may order the repayment about such part of the premium like it thinks just. The Court will have regard for the terms of the partnership contract and such length of time during that the partnership has continued. Further in the absence of extraordinary circumstances so like the proportionate part for be returned is such amount that bears the same ratio for the original premium as the unexpired term bears for the original term there.
However the partner has no claim foro repayment like:
(a) The dissolution is, in the opinion of such Court, due wholly or chiefly for his misconduct; may one is
(b) The partnership is dissolved through an agreement containing no provision to a return of any part of the premium.
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