Minor partner in a firm does not, by itself, bar licensing under the Gold (Control) Act.
Under the Gold (Control) Act, a firm is treated as the dealer and may apply for a licence through its managing or authorised partner. The statutory declaration for licensing is to be made by the firm, and a minor's incapacity to contract under general law does not, by itself, disqualify the firm from statutory licensing or approval of a change in partnership. The Act contains no express or necessary implied prohibition against including a minor as a partner for these purposes. The presence of a minor also does not prevent enforcement action against the firm and other persons liable for any contravention.
Issues: Whether a minor could be included as a partner in a gold dealers' firm applying for or holding a licence under the Gold (Control) Act.
Analysis: The expression "dealer" in the Act is an inclusive definition and includes a firm. A firm, acting through its managing partner or authorised partner, is competent to apply for a licence under the prescribed form. The declaration required for licensing is to be given by the firm, and the incapacity of a minor to contract under general law does not, by itself, make the statutory licensing provisions inapplicable. The Act does not expressly or by necessary implication disqualify the inclusion of a minor as a partner for the purpose of seeking approval of a change in partnership. The presence of a minor in the firm also does not prevent the authorities from proceeding against the firm and other persons liable in the event of contravention.
Conclusion: Inclusion of a minor as a partner did not disentitle the firm from obtaining approval for the change in partnership or from holding the dealer's licence; the objection based on the minor's incapacity was rejected.
Ratio Decidendi: Under the Gold (Control) Act, a firm is the licence-holder and may act through an authorised partner, and the inclusion of a minor in the partnership does not, by itself, invalidate the firm's entitlement to statutory licensing or approval of partnership changes unless the Act expressly prohibits it.
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