History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.729.2

v4.c63.729.2

the partners themselves are declared to be the judges (the deciding persons) or witnesses among themselves in a doubtful case and in case of fraud, provided they are not already at feud among themselves. It follows from this that by entering into an agreement of partnership, each partner agrees that he submits to the decision of the other partners in cases of doubt. If any one from them is found out to have practised fraud on the others in sales or purchases he should clear himself by special oaths or ordeals. Yāj. II. 260, Nār. VI. 5,⁸⁰⁷ Bṛ. (SBE vol. 33 p. 337 verse 9) provide that each partner is responsible to make good what has been lost through his negligence or in consequence of his acting against the instructions of the others or of his acting without their authority or consent. If any one of the partners saves partnership property from act of God or the king or thieves (or similar calamity) by his own exertions he is to be awarded (as his special share) one tenth of the property saved (Yāj. II. 260, Kāt. 631,⁸⁰⁸ Nār. VI. 6). If any partner is crooked or fraudulent the rest may expel him without giving him any profit; a partner who is incompetent to work (personally) should get the partnership business done through another (Yāj. II. 265). Yāj. II. 264 and Nār. VI. 7 and 17-18 state that if one partner goes to a foreign country and dies, his share should be taken by his heirs (son &c.) or by his agnates or cognates;