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The High Court of Calcutta in the matter titled as Dr. Arjun Chowdhury v. State of West Bengal & Ors.1, through its judgement dated 18.06.2026, held that the Registrar, Office of the Registrar of Firms, Societies and Non-Trading Corporations (“Registrar”) cannot insist upon production or submission of a trade licence as a precondition for registration of a partnership firm formed for carrying on the professional practice of law. The Court observed that once the requirements under Section 58 of the Indian Partnership Act, 1932 (“Act”) are duly complied with, Section 59 of the Act casts a statutory obligation upon the Registrar to register the firm.
In the present matter, the Petitioner, an advocate by profession and partner of M/s Pinava Legal, an unregistered partnership firm of advocates, challenged the refusal of the Respondent authorities to register the firm under the Act, on the ground of non-production of a trade licence. The Petitioner contended that all requirements under Section 58 of the Act had been complied with and that the Act does not prescribe submission of a trade licence for registration of a partnership firm. Pursuant thereto, the Registrar contended that production of an initial and current trade licence formed part of the comprehensive list of documents required for registration.
The Court observed that Section 58 of the Act lays down the mode and requirements for registration of a partnership firm and does not provide for production or submission of a trade licence. The Court further observed that where the Registrar is satisfied that the requirements of Section 58 of the Act have been duly complied with, Section 59 of the Act mandates registration of the firm. While relying on administrative guidelines, the Court found that no provision of the Bengal Partnership Rules, 1933 had the requirement of submitting a trade licence for registration of a partnership firm formed for carrying on the legal profession. The Court further held that even if such a requirement were contained in the guidelines, the same must be in accord with the parent statute and cannot travel beyond it. Accordingly, the Court directed the Registrar to process the Petitioner’s application.
Footnote
1 WPA/805/2026
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