Okay, here's a summary of Section 35 of the Indian Partnership Act, 1932, formatted as requested. Note that this is a statutory provision, not a court case. Therefore, the structure is adapted to reflect this.

Short Summary

Section 35 of the Indian Partnership Act, 1932, deals with the right of partners to carry on competing businesses after ceasing to be a partner. It states that subject to contract, a former partner may carry on a business competing with that of the firm and may advertise such business, but is restricted from using the firm name, representing themselves as carrying on the business of the firm, or soliciting customers of the firm.

Facts

This section is a legislative provision defining the rights and limitations of a partner who has left a partnership firm concerning competition with the firm's business. It operates within the framework of the Indian Partnership Act, which governs the legal relationships between partners in a partnership. The section aims to balance the freedom of trade for former partners with the need to protect the legitimate business interests of the continuing firm.

Issues

The primary issue addressed by Section 35 is:

• What are the permissible and prohibited activities of a former partner in relation to competing with the partnership firm they have left?

Provision's Intent

The provision intends to:

• Allow former partners to pursue their livelihood without undue restriction.
• Protect the partnership firm from unfair competition leveraging the firm's established reputation and customer base.
• Define the boundaries of acceptable competitive behavior.

Restrictions on Former Partner

The section places the following restrictions on the former partner:

• They cannot use the firm name.
• They cannot represent themselves as carrying on the business of the old firm.
• They cannot solicit customers of the firm.

Permissible Activities of Former Partner

The section permits the former partner to:

• Carry on a business competing with that of the firm.
• Advertise their competing business.

Conclusion

Section 35 of the Indian Partnership Act, 1932, provides a framework for regulating competition between a former partner and their previous firm. It allows competition but prohibits the former partner from exploiting the firm's name, goodwill, or existing customer relationships to gain an unfair advantage. The provision is subject to any contractual agreements to the contrary between the partners.