The Calcutta High Court has ruled that authorities cannot insist on a trade licence as a precondition for registering a partnership firm formed exclusively for the practice of law. The court directed the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal, to process and register the application submitted by M/s Pinava Legal within two weeks.
Background of the Case
The petition was filed by advocate Dr. Arjun Chowdhury, appearing in person. He challenged the refusal of the Registrar's office to register M/s Pinava Legal, an advocates' partnership firm, on the ground that it had not produced a trade licence.
Dr. Chowdhury argued that the firm had complied with all requirements under Section 58 of the Indian Partnership Act, 1932. According to him, the statute does not require a trade licence for registration of a partnership firm, and once the prescribed conditions are fulfilled, registration must follow.
The State relied on registration guidelines which listed trade licence documents among the requirements. However, it also acknowledged that a lawyers' office is not a commercial establishment.
Court's Observations
Justice Bivas Pattanayak examined Sections 58 and 59 of the Partnership Act and noted that the law specifies the information and documents required for registration, but does not mention a trade licence.
The court observed that once an applicant satisfies the requirements under Section 58, the Registrar is under a statutory duty to register the firm.
The bench observed that,
"Section 58 of the Act of 1932 does not provide for production/submission of trade licence."
It further noted that administrative guidelines cannot impose conditions beyond those contained in the parent legislation.
Decision
Holding that the Registrar was not justified in insisting on a trade licence for a partnership firm formed to carry on the legal profession, the High Court directed the authority to process Application No. APP-022334 and complete the registration of M/s Pinava Legal within two weeks, without requiring production or submission of a trade licence. The writ petition was accordingly disposed of.
Case Details:
Case Title: Dr Arjun Chowdhury v. The State of West Bengal & Ors.
Case Number: WPA 805 of 2026
Judge: Justice Bivas Pattanayak
Decision Date: June 18, 2026
