Professional Documents
Culture Documents
Ipa MCQ
Ipa MCQ
The Limited Liability Partnership Act, 2008 (6 of 2009) is an Act to make provisions for the
(a) formulation and regulation of General Partnership Firms and Limited Liability formed under the Indian
Partnership Act, 1932
(b) formulation and regulation of Joint Ventures with unlimited liability formed under Indian Contract Act, 1872
(c) Formulation and regulation of Chit Funds Organisations with unlimited liability formed under the Chit Funds Act,
1982
(d) formation and regulation of a Limited Liability Partnership with limited liability formed under the Limited Liability
Partnership Act, 2008.
2. Foreign Limited Liability Partnership (FLLP) under the Limited Liability Partnership Act, 2008 means
(a) a Limited Liability Partnership formed, incorporated or registered in that country to which the partners belong
(b) a Limited Liability Partnership formed, incorporated or registered under Economic Council of UNO
(c) a Limited Liability Partnership formed, incorporated or registered in Indian territory
(d) a Limited Liability Partnership formed, incorporated or registered outside India which establishes a place of
business within India.
3. Every Limited Liability Partnership as per the Limited Liability Partnership Act, 2008 shall have at least two
Designated Partners (DPs) who are individuals and
(a) at least one among them shall be resident in India
(b) both of them shall belong to one family residing in India
(c) both of them should be non-resident Indians (NRIs)
(d) both of them should belong to a single country outside India.
4. Prior to the Indian Partnership Act, 1932 which came into force from 1 October, 1932 except section 69 which
came into force from 1 October, 1933, the law of partnership was provided in
(a) Sale of Goods Act, 1930 (b) Indian Contract Act, 1872
(c) Transfer of Property Act, 1908 (d) English Partnership Act, 1890.
6. An act, to be called on 'act of a firm', within the meaning of section 2(a) of the Indian Partnership Act, 1932 is
(a) every act of the partners
(b) only such acts which give rise to a right enforceable by or against the firm
(c) such acts which do not give rise to a right enforceable by or against the firm
(d) either (a) or (b) or (c).
7. Any act or omission, to be an act of a firm, within the meaning of section 2(a) of the Indian Partnership Act, 1932
must be act or omission of
(a) all the partners (b) any of the partner (c) agent of the firm (d) either (a) or (b) or (c).
10. Under section 2(b) of the Indian Partnership Act, business includes
(a) every trade and occupation (b) every occupation and profession
(c) every trade, occupation and profession (d) every trade and profession.
13. Which of the following enactments insist for a written agreement of partnership
(a) the Indian Partnership Act, 1932 (b) the Indian Contract Act, 1872
(C) The Indian Registration Act,1908 (d) Either (a),(b) or (c)
16. The relation of partnership arises from contract and not from status, has been prescribed under
(a) section 4 (b) section 5 (c) section 6 (d) section 7.
A partnership firm is
a) a distinct legal entity from its partners (b) not a distinct legal entity from its partners
(c) a juristic person (d) either (a) or (c).
21. The historic case laying down the test for determining the existence of a partnership is
(a) Grace v. Smith (b) Waugh v. Carver (c) Bloream v. Pell (d) Coxv. Hickman.
22. The mode of determining the existence of partnership has been laid down in
(a) section 6 (b) section 5 (c) section 9 (d) section 10.
(a) a test to determine the existence of a partnership (b) a legal incidence of partnership
(c) both (a) and (b) (d) neither (a) nor (b).
27. A Hindu undivided family is entitled to enter into an agreement of partnership with
(a) another joint Hindu family (b) another partnership firm (c) an individual (d) neither (a) nor (b) nor
(c).
29. Section 5 of the Indian Partnership Act, 1932 does not apply to
(a) Muslim Trading Family (b) Christian Trading Family
(c) Burmese Buddhist husband and wife carrying on the business (d) all the above.
30. Section 5 of the Indian Partnership Act, 1932 does not apply to
(a) Muslim Trading Family (b) Christian Trading Family (c) both (a) and (b) (d) only (a) and not (b).
32. A right to participate in profits, although strong but not a conclusive test of partnership. It was so held in
(a) Tellis v. Saldanha (b) Coxv. Hickman (c) Re: Stanton Iron Co. (d) Grace v. Smith.
33. Which of the following is not an essential requisite for creating a partnership as per section 4
(a) an agreement to carry on a business (b) sharing of profits
(c) sharing of losses (d) business to be carried by all or any of them acting for all.
34. A person who has lent money to a person or firm engaged in a business and has agreed to take a proportion of
the profits of the business in addition to or in lieu of his interest, does not by that reason alone becomes a partner, in
business, has been laid down in
35. The Indian Partnership Act, 1932 provides for and recognises
(a) partnerships for a specified and fixed period (b) partnership for a specified and fixed venture
(c) both (a) and (b) (d) only (a) and not (b).
36. A partnership for which no period or duration is fixed, under the Indian Partnership Act,1932 is known as
(a) general partnership (b) partnership at will (c) particular partnership (d) co-ownership.
37. Under section 7 of the Indian Partnership Act, 1932, partnership at will is subject to
(a) one exception (b) two exceptions (c) three exceptions (d) five exceptions.
38. Which of the following is an exception to the partnership at will, as provided under section 7 of the Indian
Partnership Act, 1932
(a) where there is a provision for the duration of the partnership
(b) where there is a provision for determination of the partnership
(c) both (a) and (b)
(d) only (a) and not (b).
39. Where a partnership firm is constituted for a fixed period and after the expiration of t term, the firm continues to
carry on business, without any new agreement,
(a) the partnership stands extended till the new agreement is made
(b) the partnership becomes partnership at will
(c) the partnership becomes illegal
(d) the partnership stands dissolved on the date of expiry of the term and no partnership can be said to be in
existence.
41. The test to determine whether the given partnership is a 'partnership at will' and "whether the partnership could
be dissolved by a single partner, has been laid down in
(a) Crawshay v. Maule (b) Abbot v. Abbot (c) Cuffe v. Murtagh (d) Kurumuthu T. Chettiar v. EM. Muthappa
Chettiar.
42. For constituting a partnership within the meaning of section 4 of the Indian Partnership Act, 1932
(a) the business has to be of permanent nature
(b) the business can be of temporary nature
(C) it is immaterial as to whether the business 1S of temporary or permanent nature
(d) only (a) and not (b).
43. The principles governing partners' mutual relations have been laid down in
(a) Chapter II of the Indian Partnership Act (b) Chapter III of the Indian Partnership Act
(c) Chapter IV of the Indian Partnership Act (d)Chapter V of the Indian Partnership Act.
45, Under section9 of the Indian Partnership Act, 1932., in doing best for the common body
(a) partner is regarded as a kind of trustee for the other partners
(b) partner is liable to render the accounts to other partners in a fiduciary capacity
(c) both (a) and (b)
(d) neither (a) nor (b).
46. Under section 10 of the Indian Partnership Act, every partner is under a duty
(a) to indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm
(b) to render true accounts and full information
(c) not to carry on any business other than that of the firm
(d) to be just and faithful to each other.
47. The rights and duties of partners inter se can be regulated and varied by the consent of the partners by virtue of
(a) section 14 of the Act (b) section 13 of the Act (c) section 12 of the Act (d) section 11 of the Act.
48. Under section 11 of the Indian Partnership Act, 1932, in case of any conflict between the provision of the Act and
the articles of the agreement, the articles of the agreement with it, will be
(a) valid (b) invalid
(c) voidable at the instance of any of the partner (d) viodable at the instance of a third party.
52. The rule of majority contained in section 12(c) of the Indian Partnership Act, 1932 is applicable in
(a) trivial matters (b) ordinary matters (c) fundamental matters (d) all the above.
53. The rule of unanimity contained in section 12(c) of the Indian Partnership Act, 1932 has a reference to
(a) fundamental matters (b) ordinary matters (c) trivial matters (d) all the above.
54. The rights and duties of a partner contained in section 12 of the Indian Partnership Act, 1932 are
(a) subject to the provision of the Indian Partnership Act, 1932
(b) subject to a contrary arrangement between the partners
(c) subject to the provisions of the ndian Contract Act, 1872
(d) subject to the provisions of the Indian Trusts Act, 1882.
57. The maxim 'sociti mei socius meu socius non est' means
(a) my partner's partrner is not necessarily my partner (b) my partner's partner is necessarily my partner
(c) the partnership has become illegal (d) the partnerships stands dissolved by the 'act of God'.
59. The maimum number of partners in a partnership, has been provided under
(a) the Indian Partnership Act, 1932 (b) the Indian Companies Act, 1956
(c) the ndian Contract Act, 1872 (d) the Indian Trusts Act, 1882.
60. Under section 11 of the Indian Companies Act, 1956 for non-banking businesse, tho minimum number of
partners can be
(a) ten (b) twenty (c) twenty-five (d) thirty.
61. For a banking business, the maximum of partners in a partnership, under section 11 of the Indian Companies Act,
1956, can be
(a) ten (b) fifteen (c) twenty (d) twenty-five.
62. A partnership in which the number of partners exceeds than that allowed under section 11 of the Indian
Companies Act, shall be
(a) valid (b) voidable at the instance of any of the partners
(c) voidable at the instance of third parties (d) illegal.
63. An illegal partnership
(a) can sue (b) can be sued (c) cannot be sued (d) can sue and be sued.
65. If the partners are equally divided on a issue, the rule is: in re communi potior est conditio prohibentis', which
means
(a) those who forbid a change must have ther way
(b) those who do not forbid i.e.. in favour of the change, must have their way
(c) the discussion on the issue be deferred tor another day
(d) opinion on the issue be taken from an expert.
66. Partner has a right to have access to all the books of accounts etc., of the firm
(a) duríng the subsistence of the partnership (b) during the proceedings for the dissolution of the firm
(c) after the dissolution of the firm (d) all the above.
67. A partner has a right to examine the account books etc., of the firm
(a) himself (b) through legal representatives (c) through agent (d) either (a) or (b) or (c).
68. A partner can examine the books etc., of the partnership firm
(a) as many number of times without any restriction (b) once a year
(c) once a month (d) once a week.
70. The rate of interest prescribed under section 13, where a partner, advances money beyond the amount of capital,
for the business of the partnership, is
(a) six percent (b) nine percent (c) twelve percent (d) fifteen percent.
71.Where a partner is entitled to interest on the Capital subscribed, such interest is payable
(a) out of profits only (b) out of capital if no profits (c) out of capital if losses (d) either (a) or (b) or (c).
73. Under section 13(b) of the Indian Partnership Act, 1932 all the partners are entitled to
(a) share the profits and losses in the ratio of their capital contributions
(b) share the profits and losses equally irrespective of any agreement between them to the contrary
(c) share the profits and losses equally in the absence of any agreement to the contrary between them
(d) share the profits and losses in the ratio of their personal efforts input.
74. Where a change occurs in the constitution of a firm and no new agreement is made
(a) the ratio of profit sharing shall become equal for all the partners
(b) the ratio of profit sharing shall remain the same to the extent to which it is consistent with the altered
composition of the firm
(c) the ratio of profit sharing shall change in the ratio of capital contributions
(d) the ratio of profit sharing shall change in the ratio of personal efforts/ labour input of the partners.
75. As a general rule, by virtue of section 13 of the Indian Partnership Act, 1932
76. As regards the capital contribution in the partnership business, the status of a partner is that of
(a) a creditor of the firm (b) a partner of the firm (c) an employee of the firm (d) all the above.
77. The status of a partner, making advances to the firm for its business, over and above the capital subscribed, that
of
(a) a partner of the firm (b) a creditor of the firm (c) an employee of the firm (d) both (a) and (b).
done in
business
(b) an emergency
82. Section 13(f) of the Indian Partnership Act, 1932 provides for
be brought by
(a) section 16
(b) section 15
(c) section 14
is
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(a) exhaustive (b) inclusive
(c) conclusive
business
(a) becomes the property of the firm (b) remains the individual property of e partners in the shares contributed by
foe (c) becomes the individual property of the partners in equal shares irrespective their contributions and profit
sharing rati, (d) either (a) or (c).
87. A property belonging to a partners an entering into a partnership and used for the purposes of partnership
(a) becomes the property of the firm (b) remains the property of that partner
(c) becomes the property of the partner having highest share of capital contribution
(d) becomes the property of the partners in their profit sharing ratio.
88. A1l the benefits and liabilities arising out of a contract made on behalf of a partnership do
not
(a) belong to the partnership if the contract has been performed before the dissolution of the firm
(b) belong to the partnership if the contract has been performed before the retirement of the firm
(c) belong to the partnership if the contract has been performed after the dissolution of the firm or retirement of a
partner
90. When the property is purchased out o partnership funds but in the name 0T individual partner, it
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id) is a question of law to be decided on legal principles.
When the personal property of a partner is being used in the business of the firm. it ia) is a question of fact to be
determined with reference to the partner's intention whether it has become the property of the firm
ic) property of the partner having the highest share in the profits
(d) property of the partner having the lowest share in the profits.
93. Since the partnership property vests in all the partners and every partner has an interest in the property of the
partnership, đuring the subsistence of partrnership
OWn
tb) a partner can deal with a portion of the property upto his share in the partnership,
as his oWn
Ic) a partner can deal with a specific iten of the partnership property as his own
{a) a partner cannot deal with any particular property or any portion of the property as hus own.
ownership
partner chooses to use any assets of the Partnership for his oWn Purpose, it gives rise to
Where Partner is authorised to recover dues of the partnership & spend the same for the business of the partnership
and if he does not deposit the money s0 collected in the bank,
the partner is
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(c) both (a) and (b) (d) either (a) or (b).
98. The term 'goodwill is a thing very easy to describe but very difficult to define, is stated by
(a) the property of the firm shall be held and used by the partners exclusively for the prposes of the business of the
firm
(b) the property of the firm can be used by the partners for any of his/ their personal use (c) the property of the firm
can be used by the partners for the personal use of all the partners
the
102, Section 16(a) of the Indian Partnership Act, 1932 (a) permits a partner to derive any profit for himself from the
use of business connection of the firm
(b) prohibits a partner to device any profit for himself from the use of business connection of the firm
(c) partially permits and partially prohibits a partner to devive any profits for himself from the use of business
connection of the firm
103. Under section 16(b) of the Indian Partnership Act, 1932 a partner is accountable for the
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profits, to the firm, of a business carried on by him which is
(a) of the same nature as that of the firm but not competing with the firm
(b) competing with that of the firm (c) either (a) or (b)
104. A partner is not accountable to the firm, for the profits derived for himself, as provided under section 16 of the
Indian Partnership Act, 1932
(a) by using the property of the partnership (b) from any transaction of the firm
105. The proper remedy for breach of đuty imposed on a partner under section 11 of the
is, 'subject to
107. Section 17 of the Indian Partnership Act, 1932 provides for the mutual rights and đuties of the partners to
rermain the same in the event of (a) charnge in the constitution of the firm
(b) continuation of the partnership after the expiry of the term of partnership
(c) carrying out additional undertaking apart from the one for which the partnership is constituted
108. Where an established partnership business is continued, without any further contract between the parties, after
the death of one of the partners, the same shall be governed by (a) section 13 of the Act
(a) section 17 of the Indian Partnershúp Act (b) section 15 of the Indian Partnership Act (c) section 13 of the Indiarn
Partnership Act (d) section 1l of the Indiarn Partnership Act.
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110. The legal effect of the rule of facit relocation
is that
(a) all the stipulations and conditions of the original contract come to an end with the end of the contract and cannot
be implied
(b) all the stipulations and conditions of a original contract remain in force and e implied term of the renewal
contract (c) all the stipulation and conditions of original contract remain in force, in so fr
111. Which of the following terms of the original contract do not apply to the partnershin continued after the
expiration of the original
term
buying the other's share within thre months after the expiration of the partnership by efflux of time
(c) a clause empowering either partner, if the other neglects the business, to dissolve the partner-ship by notice and
purchase his share at a valuation
112. The principles governing the relations of partners to third parties, are certained in
(a) Chapter 4 of the Indian Partnership Act (b) Chapter 5 of the Indian Partnership Act (c) Chapter 3 of the Indian
Partnership Act (d) Chapter 6 of the Indian Partnership Act.
113. In the Indian Partnership Act, 1932, a partner has been described as an agent of the fim for the purposes of the
business of the firm, under (a) section 4
(b) section 5
business
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115. In case of immovable property of fim, the power to transfer must be given
b) expressly to the transferring partner (c) both (a) and (b) are correct
business
116. The implied authority of a partner, under section 19 of the Act đoes not extend to
(a) withdrawal of a suit or proceedings filed on behalf of the firm
70, the acts of a partner which are done to CATy on, in usual way, business of the kind Carried on by the firm
1 Where a partner of a professional business partnership borrows money in the usual and Tegular cause of business
stating that the money is to used for partnership business but misappropri-ates it, the other partners
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II. Where money has been borrowed by a partner without authority, but has been applied to the legitimate business
needs of the firm, the firm is liable.
I. Where the act is within the scope of the implied authority of a partner, but it has been done by him, to the
knowledge of the third party, not for the firm but for his own purposes, the firm is liable.
(b) includes the authority to admit any liability in a suit or proceeding against the firm
123. Which of the following acts are not within the implied authɔrity of a partner
(a) to defend an action brought against the firm and to engage a lawyer for the purpose
(c) to buy or hire on credit the goods that are used in the firm's business
124. Section 1942) of the Indian Partnership Act, 1932 provides for
the partners
125. Statutory restrictions as contained in section 19(2) of the Indian Partnership Act, 1932 are (a) binding on all the
persorns dealing with the firm, without knowledge of the restrictions
(b) binding on all the person dealing with the firm, if they have knowiedge of the restrictions
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(c) not binding on all the persons dealing with the firm, if they do not have knowledge of the restrictions
(a) contract between the parties as an exception to the statutory restrictions on the partner's implied authority
(b) custom or usage of the trade as an exception to the statutory restrictions on the partner's implied authority
127. Under the implied authority within the meaning of section 19(1) of the Indian Partnership Act, a partner can
128. A partner doing an act on behalf of the firm which he is not authorized to do, it open to the other partners to
unauthorized compromise
or
be questioned by
partner amounts to
ic) admission of habihty n a suit proceedings against the firm (d) neither (a) nor (b) nor (c).
restrictions on
the impied
implied authority
134. Contractual restrictions on the partners implied authority as provided in section 28 the Indian Partnership Act,
1932 are
firm, without knowledge of the restricticns (b) binding on all the persons dealing with the firm only if they have
knowledge of the restrictions
(b) imposition of restrictions on the partner š implied authority by agreement betwe the parties
(c) extension and restrictions on the partne implied authority by agreement betwee the partrners
136. When an outsider, dealing with a Parui does not know or does not believe that he
(a) the firm incurs liability if the benefits ot te contract has gone to the firm
(b) the fim incurs no liability even if the benefits of the contract has gone to the fim (c) the firm incurs liability even if
the benefiS of the contract has not tgone to the firm
deals with
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(b) a partner's position with regard to third parties for acts done in an emergency
(c) a firm's position with regard to third parties for acts done by a partner in an emergency
purports to
emergency
emergerncy
lays down
12. Section 22 of the Indian Partnership Act, 1932 İs a provision which shows
rest of the partnerS of the firm, once his act is within the four corners of his implied authority
(b) how a partner can bind the firm and the rest of the partners of the firm, when his act is not within his implied
authority
ratify the
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(b) in the name of the managing partner (c) in the name of the firm
144. Section 22 of the Indian Partnership Act, 1932 requires that the partner contracting for the firm must
(a) expressly inform the other party that he intends to act for the firm
(b) impliedly inform the other party that he intends to act for the firm
145. Where a firm is named after the name of a partner, whether the partner intended to act for himself or for the
firm, is
(c) a mixed question of fact and law (d) either (b) or (c).
146. Where the name of the firm and that of an individual partner of the firm is identical, the presumption is
(c) in favour of the liability of the individual partner whose name is identical with that of the firm
148. Section 23 of the Indian Partnership Act, 1932 provides that an admission made by a partner
is an evidence
149. An admission made by a partner to be an evidence against the fim, under section 23 of the Indian Partnership
Act
(b) be made in the ordinary course of business (c) occur in connection with the affairs of the firm and be made in the
ordinary course of business of the firm
(d) occur in connection with the affairs of the firm or be made in the ordinary course of business of the firm.
151. The implied authority of a partner, by virtue of section 23 of the Indian Partnership Act, 1932, extends to making
admissions
(a) in a litigation
153. Admission made by a partner, in connection with the affairs of the firm and in the ordinary course of business of
the firm, by virtue ,of section 23 of the Indian Partnership Act, 1932,
are
(c) relevant, create estoppel and are conclusive (d) neither (a) nor (c).
155. For the application of the rule 'notice to a partner is a notice to the firm' the notice must be to
156. The term 'notice' under section 24 of the Indian Partnership Act, 1932 has a reference to (a) actual notice
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(b) constructive notice (c) deerned notice (d) all the above.
158. Jf two firms have a common partner, notice which is imputable to one of them ie imputable to the other
provided
(b) if relates to the custorner of either firm (c) it relates to the business of that other firm (d) either (a) or (b) or (c).
159. The notice to a partner as contemplated by section 24 of the Indian Partnership Act, 1932 should relate to
(a) effect of admnission by a partner on the fim (b) effect of representations by a partner on the firm
(c) effect of notice to a partner on the firm (d) both (a) and (c).
161. Notice to a partner, under section 24 of the Indian Partnership Act, 1932 does not operate as 'notice to the firm'
in case
(b) of a fraud on the firm committed by others with the consent of the partner having notice
provides for
(a) liability of the firm for the acts of a partner (b) liability of a partner for the acts of the firm (c) liability of the firm
for the wrongful acts ot a partner
is declaratory of
(a) the general principle of the liability of e partners to the third parties
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391
b) the general principles f the liability of the Énter se partners cthe general priniples of rights and iabilities of the
partrers to the thírd parties (G) the general principles of the rights and iabilities of partners inte s.
b) joint prornásos
16 The liability of the partners for the acts of the fi, under section 25 of the ndizn Partnership Act, 1932 is
(b) liability of a partrer for the acts of the firrn (c) iability of fin for misapplication by parteS
b) several
c) joint or several
16 Under section 25 of the Indian Partnership Ac 1932 the lizbility of the partners is joint nd several for the acts of
the fim
2cts of 2 partner, under section 26 of the Indizn Partnership Act, 1932, the act by the partner Must be done
(c) irespectie of whether the acts of the firm 2re n the rature of wrongs or in brezch of
(b) with fhe authority of his copartners (c) either (2) or (b)
166 The liability, under section 25 of the Indian Pzrtnership At, 1932, is fastened on the partner, for the 2ts of the
firm, done l2) beiore the paree joined the partnership, if the liability is qualified while he was a
172 Under section 26 of the Indian Partnership A, 1932, the liability of the fim for the Wrongful 2ct of a partner,
2rises, if the 2ct is a (2) tortious act but not riminal act
b) we he is a parer
173. Liability of the firm for misapplication by partners has been dealt with under
57. The principle of joint and several liability ignifies that fot every 2ct of the firm, 2 partner an be sed
(2) irdividually
In the English lzw, the liability of each partner 174. Líability of the firm undđer section 27 of the
(a) the property is received by a partner acting withún his apparent authority and he misepplies it
4 yirt in respet of the firm's contracts and pt several in respect of the firm's
(b) the property is received by a partner without his apparent authority and he misapplies it
o jpint b several in respect of the fim's Contracts and joint in respect of the firmn's
(c) the property is received by a partner apparent whether within or without his authority and he misapplies it
joint in respect of both Citracts and the firm's wrongs at e severa! in respect of both - the farm's cntracts and the
firm's wrongs.
the firm's
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391
is equated with
(c) the general principles of rights and liabilities of the partners to the third parties (d) the general principles of the
rights and liabilities of partners inter se.
164. The liability of the partners for the acts of the firm, under section 25 of the Indian Partnership Act, 1932 is
(b) liability of a partner for the acts of the firm (c) liability of firm for misapplication by partners
(a) joint
(b) several
165. Under section 25 of the Indian Partnership Act, 1932, the liability of the partners is joint and several for the acts
of the firm
171. For holding the firm liable for the wrongful
acts of a partner, under section 26 of the Indian Partnership Act, 1932, the act by the partner must be done
(a) which are in the nature of wrongs/tort (b) which are in breach of a contract
(c) irespective of whether the acts of the firm are in the nature of wrongs or in breach of a contract
onteml erstip A
166. The liability, under section 25 of the Indian Partnership Act, 1932, is fastened on the partner, for the acts of the
firm, done
172. Under section 26 of the Indian Partnership Act, 1932, the liability of the firm for the wrongful act of a partner,
arises, if the act isa (a) tortious act but not criminal act
the partnership, if
he firt
qualified
the liability
nerskip Ad
partner
while he is a partner
(b)
167. The principle of joint and several liability signifies that for every act of the firm, a partner can be sued
(a) individually
174. Liability of the firm under section 27 of the Indian Partnership Act, 1932 arises where
(a) the property is received by a partner acting within his apparent authority and he misapplies it
unitedbrate
(a) joint in respect of the firm's contracts and joint & several in respect of the firm's wrongs
(b) the property is received by a partner without his apparent authority and he misapplies it
(D) joint & several in respect of the firm's contracts and joint in respect of the firm's wrongs
(c) the property is received by a partner whether within or without his apparent authority and he misapplies it
the firm's
(C) joint in respect of both contracts and the firm's wrongs (a) joint & several in respect of both - the tirm's contracts
and the firm's wrongs.
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175. A firm is liable for the misapplication by a partner, under section 27 of the Indian Partnership Act, 1932, where
(a) the property is received by the firm in the course of íts business and the property is misapplied by any partner
(b) the property is received by a partner withín or without his apparent authoríty
(c) both (a) and (b)
partner is
(c) narrower than the implied authority (d) either (a) or (c).
(b) where a partner of a firm of solicitors received money from a client for investment on a specific security and
misappropríated it
(c) where a partner of a firm of solicitors received money from a client for investrnernt generally at hís discretion and
misappropríates it
178. A fim can be held liable for the wrongful act of a partner where the act has been ratified by the partners,
provided
(a) the act could be legally done with the authority of all the partners
(b) the partners ratify the act with full knowledge of the facts
180. A person is liable as a partner of a firm, on the principle of holding out, where he
firm
of
that
(a) the persons may be partners towards #h. world without being partners betwen themselves
(b) the persons may be partners towards the world On being partners between themselves
(c) the persons may be partners towards the world without having done anything (d) both (a) and (b).
183. An illustration of representation by conduct within the meaning of section 28 of the Indian Partnership Act,
1932, is
184. The question whether or not there has been the representation of the type as is contemplated by
(a) a tort
(b) a crime
(a)
representation
partner
Page 31
h) the liability of the firm arises to those dealing with the firm on that basis
(c) the apparent partner gets certain rights against the firm
(a) the apparent partner gets rights against the members of the firm
(b) an agency is established between the apparent partner and the real partners (c) the apparent partner incurs no
liability to the firm to whom any damage is caused by representing as partner
189. Where in a partnership firm, one of the partner retires and another joins, and no public notice of retirement
having been given, for the price of goods supplied after the joining of the new partner, the supplier of goods can sue
190. Under section 28 of the Indian Partnership Act, 1932, which of the following are not liable
by
(a) a minor
(b) a major
(a) estoppel
Page 32
(a) a right to transter his nterest in the partnership firm only with t conent f all the ofher partners
(b) a right to transfer his interest in the partnership if permitted by the majority of the partrner
(e) a right to transfer his interest in fhe firm without any rider
(a) absolutely
(b) by mortgage
firm
(b) doe not becorne a partner but gets a right to require accounts or to inspect the boxks of the firm
(c) does not beCorne a partner but gets a ríght to receive the share of profits of the transferring partner
197. Section 29 of the Indian Partnership Act, 1932, provides for certain rights of the transferee, of the partner's
interest, in the firm
198. Which of the following rights is not available to the transferee of a partners' interest in the firm
(b) to receive the profits which fail to the share of the transferring partner
199. Which of the following can be questioned by a transferee of a partner's interest in the firm
(b) the arrangement made by the partners as between themselves relating to their rights or profits
(c) the share of profits of the transferring partner being given to him
Page 33
200. What is due to the transferee of a partner's interest in the firm, under the interest which he has acquired will be
ascertained as it is (a) at the time of the transfer
a partner
(c) at the time agreed upon by the partners (d) either (b) or (c).
the
202. When a transferring partner ceases to be a partner in the firm or where the firm comes, to be dissolved, the
transferee of the partner's interest in the firm is entitled to
(a) receive the share of the assets to which the selling partner was entitled
(b) an account from the date of dissolution (c) both (a) and (b)
203. If several persons are partners in a firm and one of them agrees to share the profits devised by him with a
stranger, the agreement, as per the law LT. laid down in Murlidhar v. Commissioner, AIR 1967 SC 383,
firm
(b) does not make the stranger a partner in the original firm
(c) makes the stranger a partner in the original firm for limited purposes
(d) makes the stranger a partner in the original firm in case of losses.
(b) gives the other partner(s) a right to sue for dissolution on that ground
205. When a transferee of a partner's interest in the firm, pays off a partnership debt, without the consent of the
other partners but for the benefit of the partnership firm, he is
(a) entitled to the contribution for the sane from the partners
Page 34
(d) neither (a) nor (b).
206. A creditor of a partnership firm, Car demand the dues of the firm, from
207. The principles contained in section 29 of h Indian Partnership Act, 1932, can be applied to (a) voluntary transfer
of his interest in the firm by a partner
(a) valid
(c) voidable
(b) cannot be admited to the partnership at all for want of capacity to contract
210. Under section 30 of the Indian Partnership Act, 1932, a minor can be admitted to the benefits of the partnership
persons and one of them dies, and the other admits a minor to the benefits of the business
() where a minor is admitted to the benefits of a future partnership (d) all the above.
Page 35
212. Benefits of partnership' within the meaning t section 30 of the Indian Partnership Act, 1932, means
13. A minor admitted to the benefits of the firm under section 30 of the Act has a right to
(b) have access to, inspect and copy accounts of the firm
14. Section 30(2) of the Indian Partnership Act, 1932, does not permits a ninor admitted to the benefits of the firm to
have
(a) access to, inspect and copy any of the accounts of the firm
(b) access to books of the firm which do not contain matters of accounts
215. The liability of a minor admitted to the benefits of the partnership, for the acts of the fim, is
(a) personal
(a) Competent to sue the firm for account and payment of his share of profits of the firm competent to sue the firm
for account and payment of his share of property of the firm
competent to sue the firm for account and Payment of his share of both profits and Property of the firm
ncompetent to sue the firm for account or Payment of his share either of profits or Property of the firm.
benefits of the partnership, severs connection with that firm the minor has no
his
right to sue
(a) for accounts and his share 0) for dissolution of the firm (c) both (a) and (b)
Page 36
(d) neither (a) nor (b).
218. A mninor who has been admitted to the benefits of the firm, on an application to have the partners of the firm
adjudicated as insolvent
(a) can be adjudicated as insoivernt and his share seized by the receiver
(b) can be adjudicated as insolvent but hís share canot be seized by the receiver (c) carnot be adiudicated as
insolvent but his share can be seized by the receiver
(đ) carưnot be adiudicated as insolvent nor his share can be seized by the receiver.
219. Under sub-section (5) of section 30 of the Indian Partnership Act, 1932, a minor, who has been admitted to the
benefits of the firm immediately on attainíng majority (a) automatically becomes a partrer in the firm (b) becomes a
partner with the consent of all the other partnerS
220. A minor, who has been admítted to the benefits of the partnership, under section 30(5) of the Act on attaining
majority has to exercise an option, to stay or to leave the firm, within (a) three months of attaining majority (b) six
months of attaining majority (c) one year of attaining majority
(d) a reasonable time of attaining majority. 221. Where a minor has been admitted to the benefits of the partnership
but he does not know that he has been so admitted, the option to stay in the partnership or to move out, on
attaining majority under section 30(5) of the Act has to be exercised within
(b) six months of acquiring the nowledge of being so admitted into the firm
(c) six months of attaining majority or six months of acquiring the knowledge of being so admitted into the firm,
whichever is earlier
(d) six months of attaining majority or six months of acquiring the knowledge of being so admitted into the firm,
whichever is later.
222. The burden of proof that the minor who was admitted to the benefits of partnership, was not so aware, for the
purposes of
Page 37
exercising option under section 30(9) of the Act, is on
(a) the minor exercising the option on attaining the majority or the guardian of the minor
(c) the creditor seeking partnerhip dues (d) either (a) or (t)
recovery of
223, The option to stay er to leave the partnership, by a minor on attaining majority under section 30(5} of the Act.
can he exercised
(c)
224. 1 a minor, admitted to the benefits of the fim, on attaining majority, fails to give public notice of his intention to
become or not to become a partner, within the prescribed six months, by virtue of proviso to section 30(5) of the Ac,
he
(a) automatically becomes a partner in the firm atter the expiry of said six months
b) automatically ceases to be a partner in the firm after the expiry of said six months
{c) becomes a partner in the firm after the expiry of the said six months only if all the partners consent to it
225. On election to become a partner, on attaining majority, by a minor who was admitted to the benefits of the firm,
under section 30(7) of the Act, his rights and liabilities in the firm
(a) shall reiate back to the date of his attaining majority irrespective of the date on which he exercised the option
(b) shal} relate back to the date when he was admutted to the benefits of the firm
(c) shal commence trom the date of his exercising the option by givung the public
notice
Page 38
(c) the date of admission to the benefits of he
firm
themselves.
227. When a minor who was admitted t benefits of the firm, on attaining majomty becomes a partner in the firm, his
share in
228. The effects of the minor dropping out of the firm on attaining majority have been provided under
deals with
(d) supplemental.
regulated by
(a) section 33 of the Act
a partner under section 31 of the Act by (a) unanimous consent of all the partners (b) majority consernt amongst the
partners (c) with the consent of the managing partner (d) either (a) or (b).
{a) can provide for intrOduction of a new partner without the consent of al! the existing partners
(e) can provide either (a) or (b) or both {d) can either provide for (a) nor for (b) 233. In Commissioner of ncome Tax
VA Govindram Sugar Mils, AIR 1966 SC 24, it h been held
Page 39
iat a clause in the partnership agreement enabling a partner to nominate his suocessor does not appiy to a
partnership of two partners which is dissolved by the death of one of them
) a clause in the partnership agreement enabling a partner to nominate his successor is valid in case of a partnership
of two persons which may be dissolved by the death of one of them
Id) none can be introduced in the partnership without the consent of all the partners. 34. The liability of a person
introduced in the partnership, under section 31(2) of the Act (a) is for pre-existing debts of the firm
b commences from the date of his admission (c depends on the agreement between the parters
(d) is for the pre-existing debts as well as the one contracted after his admission.
exceptions
ia) no eXception.
Prescribes
three modes of retiremnent of a partner C) ive modes of retirement of a partner J two modes of retirement of a
partner.
Page 40
that agreement whether the other partners are willing or not
(c) giving a notice of his intention to retire (d) either (a) or (b) or (c).
(c) where a contract has been made between the partners for its determination
(a) any one of the other partner as notice to a partner is a notice to the firm
242. Notice of intention to retire by a partner, under section 32(1c) of the Indian Partnership Act, 1932 to be valid,
must be (a) in writing and signed by the partner
(c) orally communicated to all the partners (d) either (a) or (b) or (c).
245. Where a retiring pzrtner has agreed with his co-partrners, under which he is released from liability for
outstanding debts, his liability to the creditors
(c) partiy comes to an end and partiy remains (d) either (b) or (c).
246. When creditors continues to deal with the re- constituted firm after he is informed of the retirement of a
partner and the agreement of
Page 41
release, the liability of the retiring partner towards the creditors
247. Sub-section (3) of section 32 of the Indian Partnership Act, 1932, requires that the retirement of a partner
should be nade known through
248. "Public Notice' of retirement of a partner from the firm, is required to be given by
0. Where a partner retires from a partnership, as long as public notice is not given
(a) the firm will be answerable for the acts of the retired partners
(b) the retired partner will be answerable for the acts of the firm
case of
252. A retiring partner having purchased his release from the remaining partners
(a) is liable for the tort or some other wrong
committed at the time when he was a member only if the action is instituted before his retirement
(b) is liable for the tort or some other wrong committed at the time when he was a partner, if the action is instituted
and decided before his retirement
(c) is liable for the tort or some other wrong committed at the time when he was a
Page 42
partner, irrespective of whether the action (d) is not liable for the tort or some other is instituted before or after his
retirement wrong committed at the time when he was a member having purchased his release
253. Expulsion of partner has been provided unde: (a) section 33 of the Act
powers conferred by
provides for expulsion of a partner, the power to expel can be exercised by the consent of
is that of
257. The power to expel a partner conferred under the contract between the partners must be exercised
(a) bona fide, in good faith and for the benefit of the firm
(b) bona fide, in good faith and for the benefit of individual partners
(a) valid
(b) voidable at the instance of expelled partner (c) voidable at the instance of any co-partner (d) void.
expelled is to
Page 43
260. On expulsion from a partnership, the partner
so expelled
in the partnership
of the partnership
Under section 34 of the Indian Partnership AC, 1932, on adjudication of a partner as Insolvent, the partner-ship firm
may or may not dissolve depending on the Contract between the partners only (a) and not (b) or (c).
h6. Where on adjudication of a partner an insolvent, the firm is not dissolved remains in
business
(a) the insolvent partner's estate is liable for the acts of the firm after the date of his
insolvency
Page 44
(b) the firm is liable for the acts of the insolvent partner
(c) both (a) and (b)
267. On the death of a partner, by virtue of section 35 of the Indian Partnership Act, 1932, the partnership firm
(c) may or may not dissolve depending on the contract between the partners
268. Where the firm is not dissolved by the death of a partner, under section 35 of the Indian Partnership Act, 1932
(a) the estate of the deceased partner is not liable for any act of the firm done after his death
(b) the estate of the deceased partner is liable for the acts of the firm done after his death (c) the estate of the
deceased partner is liable for acts of the firm which are within the implied authority of the partner
(d) the estate of the deceased partner may or may not be liable for the acts of the firm depending on the contract
between the partners.
269. An express agreement by the creditor to discharge a retired partner and to look only to a continuing partner, for
the partnership debts, is (a) void for want of consideration
(b) voidable
(c) invalid
(d) valid.
271. By virtue of section 36 of the Indian Partnership Act, 1932, an outgoing partner has (a) a right to carry on a
business competing with that of the firm
(c) a right to carry on a business competing with that of the firm only with the permission of all the partners even
though under the contract of partnership there is not restriction imposed
Page 45
(d) a right to carry on a business competing
with that of the firm only with the permission of the majority of the partners even though in the contract of
partnership there is no restriction imposed.
272. Under the scheme of section 36 of the Indian Partnership Act, 1932, an outgoing partner, in the absence of any
agreement to the contrary, has
(c)
273. When the firm is named after the retiring partner, the retiring partner has a right to
(b) set up a precisely similar business but not under the same name
(c) set up a precisely similar business under a new name which suggests a connection with the firm he has left
as
(c) unconnected with the old firm and not an extension or a branch of the old firm
(d) connected with the old firm and an extension or a branch of the old firm.
275. Under section 36 of the Indian Partnership Act, 1932, the position of a retired partner is (a) the same as that of a
seller of goodwill (b) different from that of a seller of goodwill (c) the same as that of a partner who has died (d) the
same as that of a partrner who has been adjudicated as insolvent.
276. Section 36(2) of the Indian Partnership Act, 1932 (a) authorises the partners to alter the statutory scheme
prescribed under section 36(1) of the Act, by agreement
(b) prohibits the partners to alter the statutory scheme prescribed under section 36(1) of the Act by agreement
(c) authorises the partners to alter the statutory scheme prescribed under section 36(1) of the Act, particularly only,
by agreement
Page 46
Hhership het,
(a) sectíon 25 of the Indiar Catract Act, 11 (b) section 26 of the Indiarn Contract Act, 1 (c) sectíon 27 of the Indian
Contract Act, 129 (d) section 28 of the Indian Contract Act. 1
279. Where on the outgoing of a partner, Gfher partners continue in busíness without a final settlement of accounts,
under the scheme of section 37 of the Indian Parternership At 1932 the outgoing partner is entitled to (a) interest on
the unpaid capítal (b) share in the profits
280. The outgoing partner, where the partnership business is continued by other partners without a final settlement
of accounts, under section 37 of the Act, the outgoing partner is entitled to interest on the unpaid capita, at the rate
of
281. Where the partnership business is carried on by the other partners after the outgoing of 2 partner, without a
final settlement of accounts, under section 37 of the Act, the outgoing partner is entitled to a share of profits (a) in
equal share with other partners (b) proportionate to the share of assets (c) higher than what he was getting when
was a partner
282. Where under a contract between the partne the remaining partners have opted to purchas the share of the
outgoing partner, the outgotn partner, under section 37(2) of the Act has (a) a right to receive the interest on the
urnp capital but his right to share of prou
ceases
(b) a right to receive share of profits Proportion of the assets but his right receive interest ceases
Page 47
(c) a right to receive share of profits or the interest on the unpaid capital
(d) no right to receive share of profits or the interest on the unpaid capital as the same
ceases.
83, Under section 37(2) of the Indian Partnership Act, 1932, on exercise of option to purchase the share of the
outgoing partner under an agreement between the partners resulting in the right of the outgoing partner to receive
the share of profits or interest on the unpaid capital to cease, such right of the outgoing partner
ia) can be revised at the option of the outgoing partner at any time
6) can be revived in case default is made by the opting partners in fulfilling the terms of the agreement
(c) cannot be revised under any circumstances (d) either (a) or (b).
284. The principles contained in section 37 of the Indian Partnership Act, 1932, apply where a partner ceases to be a
partner by
(c) expulsion
285. The retiring partner, is bound to make the election as to whether he would claim a share of the profits or
interest on the unpaid capital (a) on the date he retires from the partnership
(b) at any time before the share of profits and assets that would fall to him is ascertained
(C) at the time when the share of profits and assets that would fall to his share is ascertained
0b, The principles contained in section 37 of the Indian Partnership Act, 1932, are based on
(c) and is the creation of law of partrnership (d) either (a) or (b) or (c).
0) revocation of the continuing guarantee by Change in the constitution of the firm (c) both (a) and (b)
Page 48
(d) alteration/modification of the continuing guarantee according to the change in the constitution of the firm.
288. The revocation of continuing guarantee on the change of constitution of the firm under section 38 of the Act, is
in respect of
(a) future transactions from the date of change in the constitution of the firm already
(b) transactions the revocation shall relate back to the date of guarantee
made
as
transactions
289. The continuing guarantee liable to be revoked under section 38 of the Indian Partnership Act, 1932, on the
change in the constitution of the firm, must be the one
293. Section 39 of the Indian Partnership Act, 1932, defines dissolution of a firm as
firm
294. The modes of dissolution of a firm provided under the Indian Partnership Act, 1932 are (a) exhaustive
Page 49
(b) illustrative
(c) inclusive
provides for
(c) with the consernt of the managing partner (d) either (a) or (b) or (c).
298. Where a contract between the partners provides for the mode of dissolution, and the firm is dissolved in
accordance with that subsisting contract, such a dissolution of firm is called
299. A dissolution of a firm can be inferred from (a) refusal of some partners co-operate and doing anything to keep
the business alive (b) inability to pay its debts and liabilities (c) closure of business
(a) the firm can be dissolved in accordance with that agreement only with the consent of all the partners
(b) the firm can be dissolved in accordance with that agreement only with the consent of majority of the partners
(c) the firm can be dissolved in accordance with that agreement even if all the partners are not willing to do so at the
moment
Page 50
301. Compulsory đissolution of a firm has bee
provided under
302 Under section 41 of the Indian Partnershóp Act, 1932, a fim is liabie to be compuisorily
(a) isalvency
303. A fin is iable to be compulsorily dissolved under section 41 of the Act on adfudicatiom f (a) al the partners as
insolvents
304. The fim is liable to be compulsorily dissolved under section 41b) of the Indizm Partnership Act, 1932
(a) where the business of the firm is egal from the very beginning
b) where the business of the firm is lawful in the beginning but sub-sequentiy he business becomes unlawful
305. Where a fim is canying on more than one type of business, under the proviso to section 41b) of the Act, the
firmn escapes compulsory dissolution if
b) majority of the businesses remain lawful (c) least business remains lawful
306. The type of đissolution described under section 42 of the Indian Partnership Act, 1932,
b) compulsory dissolution
the happening of contingencies as mentioned in section 42 0 the Indian Partnership Act, 1932, is prevented by
Page 51
(c) either (a) or (b) (d) only (a) and not (b).
ang The contingencies stated in section 42 of the Indian Partnership Act, 1932, include
(a) where a partnership has been constituted for a fixed term or to carry out specific adventures, the expiry of that
term or completion of specific adventure
a09. The type of dissolution provided under section 43 of the Indian Partnership Act, 1932
is
310. The dissolution by notice as described under section 43 of the Indian Partnership Act, 1932, is applicable where
the partnership is (a) at will
311. The partnership at will can be dissolved by giving a notice of intention to dissolve the
partnership to
OL The notice of intention to dissolve the firm, under section 43 of the Act, must be
(a) in writing
In case of dissolution by notice under section %5 of the Act. the dissolution of the firm takes effect from the date
314. Where the notice of dissolution of the firm does not mention any date as the date of
dissolution, date
the
Page 52
(c) which is decided by the partners (d) fixed by the court.
315. The Supreme Court in Banarasi Dass v. Kaushi Ram, AIR 1958 SC 1165, has held that (a) filing of plaint in a suit
for dissolution by
one partner and service of summons thereof, amounts to notice of intention to dissolve a partnership at will
(b) filing of a plaint in a suit for dissolution by
one partner and service of summons thereof is does not amount to notice of intention to dissolve, a partnership at
will (c) filing of a plaint in a suit for dissolution by
one partner and service of summons thereof may amount to notice of intention to dissolve a partnership at will
316. Where a firn's dissolution is brought about by a regular deed of dissolution which purports to effect the
dissolution from an anterior date
(a) the deed of dissolution shall effect the dissolution from the date of the deed
(b) the deed of dissolution shall effect the dissolution from the anterior date mentioned in the deed
(c) the deed of dissolution shall be ineffective and a fresh agreement of dissolution has to be entered into
(c) can be withdrawn only with the consent of those upon whom it was served
(a) must be in writing which may be vague (b) must be in writing which may be ambiguous
(c) must be in writing, factual, explicit and final (d) either (a) or (b) or (c).
319, A resolution passed by a majority of the partners that their partnership should be dissolved, is not
(a) a notice of dissolution of the firm within the meaning of section 43 of the Act
Page 53
(c) a record of deliberations arrived at by a majoritv of votes
prescribes
COurt
court
COurt
322. Under section 44 of the Indian Partnership Act, 1932, the court can order dissolution of a firm on the ground of
insanity ordinarily where
323. A suit for dissolution of a firm on the ground of unsoundness of mind of a partner, can be filed under section
44(a) of the Act, by
324. The date of dissolution of a firm where the court orders for dissolution of a firm on the ground of insanity of a
partner under section 44a) of the Act, shall be
(b) the date on which the suit for dissolution was filed
(dj the date of the order or any other date fixed by the court.
325. Under section 44(b) of the Act the court can order dissolution of a firm, where a partner becomes
(a) permanently incapable of performing his đuties as partner
Page 54
(d) neither (a) nor (b).
326. A suit for dissolution of a firm on the gros3 of permanent incapability of a partner, under section 44(b) of the
Act can be filed by (a) any partner including the partner who hae become permanently incapable
(b) any partner, other than the partner who has become permanently incapable
327. The permanent incapacity of a partner under section 44(b) of the Act
(a) must be due to illnesS-mental or physical (b) must be due to disablement of any kind
329. Misconduct of a partner is a ground on which the court can order dissolution of a firm, as provided under
330. Under section 44(0) of the Indian Partnership Act, 1932, the misconduct of a partner to order dissolution of a
firm must be
(a) such which is likely to affect the business prospects of the firm
331. A suit for the dissolution of a firm on the ground of misconduct of a partner, under section 44(c) of the Act, can
be instituted by (a) the partner who has misconducted himself only
(b) any partner including the one who has misconducted himself
(C) any partner other than the one who has misconducted himself
332. Which of the following is not held to be misconduct within the meaning of section
Page 55
A4tc) of the Act, warranting an order of dissolution of a firm by the court
(a) commiting adutery with several women in the city where the business was carried on by the firm, by a partner of
the firm engaged in banking
(c) conviction for travelling without ticket (d) misconduct towards the clients of the firm. 333. The court can order for
dissolution of firm under section 44(d) of the Act, where a partner is guilty of
(a) wilful & persistent branch of agreement for management of affairs or conduct of business, of the firm
(b) conducting in such a manner making it not reasonable practical for other partners to carry on busincss in
partnership with him (c) either (a) or (b)
334. Under section 444d) of the Indian Partnership Act, 1932, the wilful and persistent breach of agreement on the
part of a partner must relate to the
(a) express contract between the partners (b) implied duties and obligations
335. In order to invoke the power of the court under section 444d) of the Act, the alleged violation of the articles of
contract of partnership, on the part of a partner
336. The action for the dissolution of a firm under section 444d) of the Act can be brought by
partner
(a) any partner including the
(D) any partner other than the one responsible for destruction of mutual confidence
(©) the managing partner irrespective of Whether he is responsible for destruction of mutual confidehnce
O97. Clause (e) of section 44 of the Indian Partnership Act, 1932, covers cases of
Page 56
(b) involuntary transfer of his interest in the partnership by a partner (c) both (a) and (h)
338. An action for đissolution of a firm nder section 44(e) of the Act, lies where a partner has transferred his interest
in the partnership firm
(a) wholly
(b) partly
(c) fractionally
339. A dissolution of a firm can be claimed under section 44te) of the Act, where a partner has transferred his
interest in the partnership firm
to
(a) a partner
340. An action for dissolution of a firm under section 44(e) of the Act can be brought by
(a) any partner including the partner who has transferred his interest
(b) any partner other than the partner who has transferred his interest
341. In cases, where there is an agreement to purchase the share of a partner, the value of the share of the outgoing
partner or retiring partner shall be ascertained on the basis of (a) value of share on the date of retirement (b) value
of share on the date of admission of the retiring partner
(c) vałue on the date of commencement of the partership business
342. For the purposes of section 444) of the Indian Partnership Act, 1932, the luss must be attributable to
343. The court is enpowered to oder dissulution of a fi where t is just and equitabie to dissolve the fiv, under
(a} seticn 14(g)of the Ast (b) extarn 14) of the Act (s) xtion 4e) ot the Act (d) sextioan 14(d) of the Act.
Page 57
344. Just and equitable' within the meaning of section 444g) of the Act, means (a) converient
(c) opirion of the court to be the best course (d) either (a) or (b) or (c).
346. In which of the following cases, it is held to be just and equitable to order dissolution under section 44(g) of the
Act
(a) where there is a state of hostility between partners resulting in a breakdown of mutual confidence
(b) where the partners habitually change one another with gross misconduct in the partnershíp affairs
(c) where the partner has abandoned his rights and obligations under the partnership (d) all the above.
347. Where the arbitration clause in a partnership agreement provides that the question whether the partnership
should be dissolved, is to be decided by the arbitrator, a suit for dissolution of partnership under section 44(g) of the
Act (a) the suit is liable to be stayed
(b) the court has the discretion to stay or not to stay the suit
(c) it is mandatory for the court to stay the suit (d) either (a) or (c).
(b) that a public notice of the fact of dissolution need not be given
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(c) notice of the fact of dissolution be given each of the partners
(d) notice of the fact of dissolution need not he given to any of the partners.
350. In the absence of a public notice of the fact nf dissolution of the firm, the authority of partners
(b) does not stand determined between the partners nor publicly
351. Under section 45 of the Indian Partnership Act, 1932, if no public notice of the dissolution of the firm is given
and a partner contracts in the name of the firm, which would have been within the implied authority of the partner
(a) only that partner will be liable who has entered into the contract
(c) only the other co-partners shall be liable (d) neither that partner nor his co-partners shall be liable.
352. Who amongst the following is not liable, in the absence of a public notice of dissolution, under section 45 of the
Indian Partnership Act, 1932, after dissolution of the firm
353. It is necessary under section 45 of the Indian Partnership Act, 1932, that the public notice as to the dissolution
of the firm, be given by (a) the firm and the partners separately
355. The right of partners after dissolution under section 46 of the Indian Partner-ship Act, 1932 is in the nature of
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(a) lien affecting partnership surplus assets
particular piece of
assets
S6 The right of a partner under section 46 of the Indian Partnership Act, 1932 extends
(a)
property
357. In a firm where a partnership is in respect of profits only but that which produces those profits belongs
exclusively to one of the partners, under section 46 of the Indian Partnership Act, 1932
(a) the lien extends to the profits as well as to that whih produces the profits
(b) the lien is confined to the profits and does not extend to that which produces the profits
(c) the lien neither extends to the profits nor to that which produces the profits
(a) a partner can bring an action against the other partner for partnership without praying for dissolution
(b) a partner cannot bring an action against the other partner for partnership without praying for dissolution
(C) a partner can bring an action against the other partner for partnership accounts without praying for dissolution
only with the permission of the court
can be
aaintained by one partner against the other Partner during the subsistence of partnership without praying for
dissolution
which he is a member
Suit for contributions in respect of moneys an express borrowed by him under greement with them for the purposes
of partnership (d) all the above.
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360. Where an individual is a common partner in two firms,
against the other upon any transaction between them so long as that individual continues to be a common partner
(b) an action can be brought by one firm against the other upon any transaction between them even though that
individual continues to be a common partner
(c) an action can be brought by one firm against the other firm upon any transaction between them but the common
partner shall not be arrayed as a defendant
(d) an action can be brought by one firm against the other firm upon any transaction between them but the common
partner shall be excluded from participating in the proceedings.
361. In a suit for partnership accounts, all the partners and the legal representatives should be made parties and if a
party is added after the ban of limitation
(b) the suit will be barred against all the parties (c) the suit shall continue against that party as well and the bar of
limitation shall not operate
(d) the suit will continue against the already impleaded parties.
362. In a suit for dissolution and accounts of a firm which carried on business outside India, the relevant date for
determining the exchange rate
(a) is the date on which the suit was instituted (b) is the date on which the preliminary decree is passed
363. Where a partnership is dissolved by the death of a partner, in the absence of a provision expressly meant and
clearly implied, a legal representative of the deceased partner is (a) entitled to a share in the goodwill
(b) entitled to a share in the goodwill only with the consent of all other partners
(c) not entitled to a share in the goodwill at all (d) entitled to a share in the goodwill only if the court so directs.
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364. Where the exÍstence of a partnership is in issue, the court shall
365. In case of partnership, receivers and managers appointed by the court are
(a) officers of the court and succeed to the personal fiduciary relations of the partners (b) officers of the court and do
not succeed to the personal fiduciary relations of the partners
(c) not officers of the court and succeed to the personal fiduciary relations of the partners (d) nor officers of the court
nor succeed to the personal fiduciary relation of the partners. 366. A partner appointed as receiver by the court on
the usual terms is
costs out of the assets in his hand, although as a partner, he is in debt and unable to pay (b) entitled as such to his
renuneration and costs out of the assets in his hand only if as a partner is not in debt
(c) not entitied to any remuneratíon and costs (d) not entitied to any renuneration but only Costs.
(c) cannot be attached by a creditor of the firm without first obtaining the leave of the
COurt
368. The period of limitation for a suít for an account and a share of the profits of dissolved partnership, where the
instrument of partnership is not registered, is
(a) ore year frorn the date of dissolution (b) two years frorn the date of dissolution (c) six months from the date of
disolution
(aj three years frorn the date of dissolution (b) twelve years from the date of dissolution
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(c) thírty years from the date of dishutim
370. The period of limitation for a suit by a legal representatíve of the deceased partner for
(a) three years from the end of the finariai year in whích the death of the partner has
taken place
(b) three years from the end of the calendar year in whích the death of the partnes has taken place
(d) either (a) or (b) or (c) which ever is later. 371. In Mir Abdul Khalid v. Abdul Gaffar Sheriff & others, AIR 1985 SC
608, a suit for accounts against the retired partner filed beyond three years from the date of dissolution was held to
be
(a) within limitation as the period of lirnitation for such a suit is 30 years
(b) withín limitation as the period of limitation for such a suit is 12 years
(c) barred by limitation as the period st limitation for such a suit is six months
(d) barred by limitation as the period of limitation for such a suit is three years.
runs from
(b) the firm never became extinct and continued under altered circumstances a5 to membership
(c) a change in the profit sharing ratio with all existing partners
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(d) liability for acts of the partners done after dissolution.
id) the authority of a partner as in emergency. 76. The partner's authority to act for the firm and to bind the co-
partners under section 47 of the Indian Partnership Act, 1932, continues
(a) so far as it is necessary for the purposes of winding up the affairs of the firm after dissolution
(b) to complete transactions begun, but not finished at the time of dissolution of the firm
377. In case where the dissolution of firm has taken place by efflux of time, and at that time certain transactions
remained unfinished, for a suit for accounts, the period of limitation of three years shall commence from
(d) either (a) or (b) or (c) as per the discretion of the court.
(a) affects the liability of the firm for the acts of any partner adjudicated an insolvent
(b) affects the liability of any person who represents himself as a partner of the insolvent
(c) does not affect the liability of any person who represents himself as a partner of the insolvent
2 Where there is no assignment of right, title or Interest in the earlier firm to the re-constituted firm, the original firm
(a) can sue in the name of the firm for recovery before
its
) can be sued in the name of the firm in respect of its liabilities which accrued prior to change in its constitution
reconstitution
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(c) either (a) or (b)
380. The rules as to the settlement of account of a firm after dissolution are contained in
381. The scheme of settlement of account of a fim after dissolution as provided under section 48
agreement
382. In respect of a sum of mnoney given by a partner to the firm, in addition to the capital contributions, is a loan to
the business which ranks
383. The loan(s) advanced to the business by a partner, in the event of settlement of accounts under section 48 of
the Indian Partnership Act, 1932, rank
(a) equal to the claim of the outside creditors. 384. Under section 48 of the Indian Partnership
Act, 1932, the residue, on the settlement of accounts after dissolution, shall be divided among the partners (a)
equally the (b) in contributions
385. Where at the stage of refund of capital to partners, it is found that the assets are not sufficient to repay each
partner his capital in full, then the deficiency will have to be made by the partners in
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(b) profit sharing ratio (c) equal proportion (d) either (a) or (b) or (c).
386. After the liabilities of the firm to creditors, on dissolution, have been satisfied, passing the remaining assets not
sufficient to repay the capital in full, and one of the partner fails to pay his share on account of his insolvency, the
solvent partners are
(a) not bound to make up the share of losses of the insolvent partner
(c) bound to make up the share of losses of the insolvent partner only if directed by the
court
387. On the settlement of account after dissolution of a firm, the assets should be valued on the basis of
index
388. The distribution of surplus assets of the partnership firm, among the partners amounts
to
(a) adjustment of the rights of the partners in the assents of the partnership
(a) payment of separate debts of the partners in priority to payment of firm debts out of the partnership assets
(b) payment of firm debts in priority to payment of separate debts of the partners out of the partnership assets
(c) payment of firm debts and the separate debts of the partners simultaneously, out of the partnership assets
(d) payment of firm debts and the separate debts of the partners out of the partnership assets as per the directions
of the court.
390. According to section 49 of the Indian Partnership Act, 1932, out of the separate property of a partner
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(a) payment of firm debt shal| have priority
(c) payment of firm debt and the separate debts of the partner as per the agreement between the partners
(d) payment of separate debts of the partner in priority over the firm debts.
391, Section 49 of the Indian Partnership Act, 1932 lays down the rule that in cases of firm debts and the separate
debts of a partner
first in payment of firm debts and the separate property of a partner shall be applied first in payment of his separate
debts
(b) the partnership property and the separate property of a partner shall be applied first in payment of firm debt and
thereafter payment of separate debts of the partner (c) the partnership property and the separate property of a
partner shall be applied first in payment of separate debts of the partner and thereafter in payment of firm debts (d)
the partnership property shall be applied first in payment of the separate debts of the partners and the separate
property of a partner shall be applied first in payment of firm debts, if the separate debts of the partner are more
than the firm debt. 392. Under section 49 of the Indian Partnership
Act, 1932
(a) the partnership property can be applied for payment of separate debts of a partner (b) the share of the partner in
the partnership property can be applied for paymernt of separate debts of a partner
(c) the share of the partner in the partnership property, after payment of firm debts, shall be applied for payment of
separate debts ot a partner
(d) the share of the partner in the partnership property, after the payment of firm debts, shall not be paid to the
partner if there are separate debts of the partner.
393. Section 50 of the Indian Partnership Act, 1932, is an extension of the principle laid down under
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(a) section 16(d) of the Act (b) section 16{c) of the Act (c) section 16(b) of the Act (d) section l6(a) of the Act.
s94. Section 50 of the Indian Partnership Act, 1932. applies in a case where the firm is dissolved on account of
395. Under the proviso to section 50 of the ndian Partnership Act, 1932, the purchase of the goodwill of the firm, on
dissolution
(a) is not to account for the personal profits earned after dissolution and before winding up, in the final settlenment
of accounts
(b) is to account for the personal profits earned after dissolution and before winding up, in the final settlement of
accounts
(c) is to account for the personal profits earned after dissolution and before winding up, in the final settlement of
accounts only if the considera-tion for purchase of goodwill is inadequate
(d) can be restrained from using the firm name after dissolution and before the winding
up.
applies to
S97. Section 51 of the Indian Partnership Act, 1932, does not appiy to đissolution of a firm occasioned by
398. Under section 51 of the Indian Partnership Act, 1932, on pre-mature dissolution of a firm, the partner having
paid premíun for
admission
premium
1S not entitled for any refund of premium (d) either (a) or (b).
of the premium
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399. A partner who has paid premium for admission into the partnership, in the pre- mature dissolution of the firm,
under section 51 of the Indian Partnership Act, 1932, is not entitled to refund of the premium if the dissolution is
occasioned by
(b) agreement between the partrners, which is silent about the refund of the premiun
misrepresentation is
(a) valid
(d) void.
402. The right to rescind the contract of partnership (a) is an absolute one and cannot be lost (b) is lost if the contract
is not repudiated within a reasonable time of discovery of fraud
(c) is lost if the contract is not repudiated within one year of discovery of fraud
(d) is lost if the contract is not repudiated within 3 years of discovery of fraud.
(a) laches
(b) affirmation
(c) disabling himself from restoring what he may himself have received
404. The rights of a partner entitled to rescind a contract of partnership on the ground of fraud or misrepresentation
have been prescribed under
405. Undet section 52 of the Indian Partnership Act, 1932, the partner entitled to rescind the
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contract of partneship on the ground of fraud or misrepresentation has
partner
partners
(c) right to restrain fromn use of firm name or property, of a partner during the subsistence of partnership
407. Under section 53 of the Indian Partnership Act, 1932, the duration of restraint can be
(b) for a period agreed upon by the partners (c) for a period after dissolution upto which the winding up of the firm
lasts
(d) for a period fixed by the court.
408, The Goodwill of a firm is stated to be an asset of the firm, in the Indian Partnership Act, 1932, under
409. Under section 55(1) of the Indian Partnership Act, 1932, the goodwill as an asset of the firm can be sold
firm
(b) alongwith the other property of the firm () either (a) or (b)
410. Under section 55(1) of the Indian Partneship Act, 1932, goodwill can be taken into account
(b) when the representative of a partner claims his share in the assets of the firm
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411. The scheme as to goodwill of a firrn under section 551) of the Indian Partnership
() the court
(a) the right of the partrers to sell the goodwa of the firm
414. Where under a partnership agreement the goodwill belongs to a partner, after the dissolution, the goodwill
(a) shall belong to all the partners and everyone has a share in the goodwill
(b) shall belong to the same partner and he shall be in the sarne position as the buyer ot the goodwill
attrat
and
business
Customers
oft
g0odwill
the agreement are reasonable, but may not relate to the period or local limits
(c) be invalid
id) be valid if relates to period or local limits and the restrictions imposed reasonable.
are
17. An application for registration of a firm under section 58 of the Indian Registration Act, 1932,
is
(a) compulsory
(b) optional
419. The application/statemnent for registration of a fim, under section 58 of the Indian Partnership Act, 1932
(b) has to be signed by a majority of partners (c) has to be signed by the managing partner (d) either (a) or (b) or (c).
420. Sub-section (3) of section 58 of the Indian Partnership Act, 1932, furnishes certain words which
(a) can always form part of the firm name (D) can never form part of the firm name
(C) which the firm name shall not contain without the written consent of the State Government
(a) which the firm name shall not contain without the written per-mission of the Central Government.
41, Under Order XXXIII Rule 1 CPC, a suit by a Partnership firm, can be brought in the
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(d) has to return the statement to the party for change of name.
423. The changes in the constitution of the firm or dissolution of the firm, where the firm is a registered firm, under
section 63 of the Indian Partnership Act, 1932, has to be notified to the Registrar by
424. Where in a registered firm, a minor who has been admitted to the benefits of the firm attains majority and
makes his election to become or not to become a partner, under section 63(2) of the Indian Partnership Act, 1932,
has to be notified to the Registrar by (a) the minor who on attaining majority has exercised the option
(c) the majority of the partners (d) any creditor of the firm.
425. The changes/dissolution/election of the minor on attaining majority, of a firm, has to be notified to the Registrar
within
(b) rectification of mistakes in the documents submitted by a firm with the Registrar
427. An application for rectification of mistake(s) in the document filed with the Registrar of firms, by a firm, under
section 64 of the Indian Partnership Act, 1932
(a) has to be signed by all the partners
lays down
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(d) none of the above.
429. As regards the statements or intimation recorded or noted in the Register of firms, section 68 of the Indian
Partnership Act, 1932, provides for its being
(b) a rebuttable presumption of law against the person making the statement
(d) an irrebuttable presumption of law against the person making the statement.
430. The effects of non-registration of a firm under the Indian Partnership Act, 1932, have been prescribed under
under
(c) the Indian Partnership Act, 1932 (d) either (a) or (b) or (c).
is a
(c) non compulsion for registration (d) neither (a) nor (b).
435. In Commissioner of Income Tax v. Jaya Lakshmi Rice & Oil Mills, AIR 1971 SC 1015, it has been held
Page 74
(a) where a suit has been fle
(b) where a suit has beer filed registration, such suit te reti subsequent registratíon
() where a suit has been files registratíon, such suit ca be tetet subsequernt rezistration rith the lee the court
(d) where a suít has been fied wcs registration, such suit cannt be rette subsequent registratíon with the ieare the
court
436. For the enforcerment ofa ríght arísing frm : contract, a partner of an unregistered fie under section 69(1) of the
Indían Partnertis Act, 1932 can sue
of the following 2mounts enforcemnent of a right, by a partner of unregistered firm, arising out of a contrat between
the parties
(a) an action between two forrmer partners enforce an agreement restraining z outgoing partner from carryng on in
se area any business similar to that of the fi (b) suit for recovery of money due on i contract entered into between the
partres of an unregistered firn after settlement accounts between partners of a dissove firm
439. In Shreeram Finance Corporation v. Yasin Khs & Others, AIR 1989 SC 1764, it has been held
that
(a) where there was a change in the constitution of the firm, a suit instituted after change in constitution, but before
the
Page 75
change notified in the register, is not maintainable
where there was a change in the constitution of the firm, a suit instituted after the change but before the change
notified in the register is maintainable, as the notifying change in the register shall relate back to the date of
application for change
(c) The maintainability of a suit, where there was a change in the constitution of the irm, a suit instituted after the
change but before the change notified in the register, shall be in the discretion of the court (d) both (b) and (c).
40. A suit for the enforcement of a right arising out of a contract against third party, under section 69(2) of the Indian
Partnership Act, 1932, can be instituted by
b) a registered firm
41. The bar of section 69(2) of the Indian Partnership Act, 1932, applies when the right which is sought to be
enforced arises otherwise by way of
(a) torts
2 For the bar of section 69(2) of the Indian Partnership Act, 1932, not to apply to a suit instituted by a fim against a
third party for entorcing the rights arising out of contract, the fim must be a registered firm
O) on the date when the suit was instituted (C) on the date when the suit was decided (d) either (a) or (b) or (c).
3ainst a third party for enforcing its rights aising out of a contract, has been dismissed nder section 69(2) of the
Indian Partneship
dismissing the earlier suit has granted the liberty to file a fresh one
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(d) maintainable only with the leave of the
Court.
444. Sub-section (2) of section 69 of the Indian Partnership Act, 1932 bars
(a) a suit to enforce a right arising from a contract by or on behalf of a firm against any third party in the case of
unregistered firm (b) a suit to enforce a right arising from a contract by or on behalf of a firm against any third party
irrespective of registration (c) does not bar a suit
(d) none of the above.
445. The bar under section 69 of the Indian Partnership Act, 1932 applies to
(a) arbitration proceedings (b) execution proceedings (c) both (a) and (b) (d) neither (a) nor (b).
446. It has been held that the words "other proceedings" in section 69(3) of the Indian Partnership Act, 1932, must
receive their full meaning untranslated by the words "a claim to set off", the latter words neither intend nor can be
centred to cut-down the generality of the words "other proceedings", by the Supreme Court in
(a) Girdharmal Kapur Chand v. Dev Raj (b) Commissioner of I.T. v. Jayalakshmi Rice & Oil Mills
(c) Jagdish Chandra Gupta v. Kajaria Traders (India) Ltd. (d) Loonkaran Sethia v. Ivan E-John.
448. Under section 69(3) of the Indian Partnership Act, 1932, a partner of an unregistered firm has a right to sue
(a) for the dissolution of the firm
(b) for the accounts of a dissolved firm
(c) for the realisation of the assets of a dissolved firm
(d) all the above.
449. The right to sue for the realisation of the assets of the dissolved firm by a partner of an unregistered firm, under
section 69(3) of the Indian Partnership Act, 1932, a partner can sue
(a) a third party (b) a co-partner
(c) both a third party and a co-partner (d) either a third party or a co-partner.
450. Which of the following is not a suit for the realisation of assets of an unregistered dissolved firm
(a) A suit ty a partner of an unregistered dissolved firm to recover damages for breach of a contract
(b) A suit by a partner of an unregistered dissolved firm for recovery of money after suit during the continuance of
partnership was dismissed
(c) a suit by former partners of an unregistered dissolve firm for compensation for non- delivery of consignment
(d) neither (a) nor b) or (c).
451. non-registration of a partnership firm under section 69 of the Indian Partnership Act, 1932, is not a bar for a firm
in respect of
(a) civil proceedings (b) criminal proceedings
(c) both civil and criminal proceedings (d) neither civil nor criminal proceedings.
452. in absence of a contract between the partners, after a firm being dissolved every partner or his representative
has a right
(a) to restrain any other partner representatives from carrying on similar business in the firm name
(b) has no right to restrain any other partner or representatives from carrying on similar business in the firm name
(c) only (b) is correct
(d) None of above.
458. When among the following appoints the Registrar of Firms in the States?
(a) concerned State Government (b) Central Government
(c) Chairman of Company Law Board (CLB) (d) Registrar of companies.
454. Penalty for furnishing false particulars within the meaning of Section 70 amounts to:
(a) up to 3 months imprisonment or with fine or with both
(b) up to 6 months imprisonment or with fine or with both
(c) up to 9 months imprisonment or with fine or with both
(d) None of the above
455. In setting the account of the firm after dissolution, the goodwill shall:
(a) be included in the assets
(b) it may be sold either separately along, with other property of the firm
(c) both (a) and (b)
(d) None of above.
460. Subject to the contract between the partners, the property of the firm shall be:
(a) held and used by the partners exclusively for the purposes of business
(b) not eld and used by the partner exclusively for the purports of business
(c) shall be deposited into the bank custody
(d) None of above.
461. Whether reference application to appoint arbitrator for taking partnership accounts (a be converted into a suit
for dissolution of partnership?
(a) yes (b) no (c) coalitional (d) exceptional.
464, 1f a suit is filed for recovery and transaction is made subsequent to retirement of partners from firm but plaintiff
is not aware of that fact then the partners
(a) cease to be as partners (b) continue as partners and liable for transaction
(c) are known to be as sleeping partners (d) are called as retired partners.
465. Bar of non-registration of firm under section...... of Partnership Act does not affect maintainability of petition
under section 9 of Arbitration and Conciliation Act
(a) 69 (b) 64 (c) 62 (d) 61.
467. Alteration in partnership deed are to be brought to notice of Registrar of Firms within a period of ...... days
(a) 20 (b) 90 (c) 60 (d) 100.
471. If arbitration proceedings commence adjudicate disputes, then question for dissolution of partnership should be
settled by arbitrators. The statement to
(a) is correct (b) depends upon proceedings (c) depends upon parties (d) is incorrect.
472. If suit filed by a firm which is not registered firm on date of filing of suit and also partners not shown in register
of firms, suit will be
(a) dismissed (b) not dismissed
(c) dismissed within limitation period given for registration (d) none of the above.
477. Mere production of document, appeal, memorandum but no registration of partner who institutes the suit does
not fulfil requirement of
(a) Order 41, rule 27 CPC (b) Order 40, rule 26 CPC (c) Order 29, rule 29 CPC (d) Order 41, rule 26
CPC.
480. In which among the following cases it was held that the "assignment of share of partner inclusive of immovable
property does not require registration under Registration Act?
(a) MC. Sivagamui v. M.C. Kuppusamy, AIR 2010 Mad 1
(b) Union of India v. M/S Sarvana Construction, AIR 2010 Mad 6
{c) Thangaraja v. Ameer, AIR 2010 Mad 13
(d) Dolly Roy v. Raja Roy, AIR 2010 Ori 1.
481. A partnership firm is... ...by acts of a partner who has been adjudicated insolvent
(a) not bound (b) bound (c) independent (d) dependent.
482. In which case it was held that "Actual Starting of business prior to registration not a condition precedent under
section 4 of Partnership Act, 1932"?
(a) Registrar of Firms, Societies and Non-Trading Corporations, West Bengal v. Taruna Manny, AIR 2010 Cal 79.
(b) Bank of India v. Aswi Electricals, AlR 2010 Jhar 6
(c) Angad Das v. Union of India, AIR 2010 SC 1613
(d) C. Sebastian v. State of Kerala, AIR 2010 Ker
483. Amended provisions section of section 69 (Maharashtra Amendment Act, 1984) is in operation
(a) retrospective (b) prospective (c) not retrospective (d) not prospective.
484. What is true about the Indian Partnership Act, 1932 (9 of 1932) after the enactment of the Limited Liability
Partnership Act, 2008 (6 of 2009).
(a) the Act is not applicable to Limited Liability Partnership Firms
(b) the Act is repealed by the Limited Liability Partnership Act, 2008
(c) the Act is also applicable to Limited Liability Partnership firms
d) the Act was amended by the Limited Liability Partnership Act, 2008.
485. The Limited Liability Partnership Firms (LLPs) under the provisions of the Limited Liability Partnership Act, 2008
(6 of 2009) within the meaning of its section 3 and sections 11 to 21, is a
(a) body corporate under the Limited Liability Partnership Act, 2008
(b) body corporate under the Companies Act, 1956
(c) body corporate under the Indian Partnership Act, 1932
(d) body corporate under the Securities and Exchange Board of India Act, 1992.
486. The liability of holding out is based upon the legal principle of
(a) Estoppel (b) Agency (c) Vicarious liability (d) Constructive liability (e) All of the above.
487. By implied authority, each of the partner binds all other partners by his acts which are within the scope and
objects of partnership. ln a partnership of general commercial nature which of the following is not within the implied
authority of the partners?
(a) That every partner may pledge or sell the partnership property.
(b) That any partner may admit any liability in a suit against the firm.
(c That every partner may borrow on account of the partnership.
(d) That every partner may engage servants for the partnership business.
488. Where a partner becomes insolvent, he ceases to be the partner in the firm
(a) On the date on which order of adjudication in this regard is passed by a court of law.
(b) On the date which is agreed by him with other partners for declaring him insolvent.
(c) Either (a) or (b)
(d) Both (a) and (b).
489. The authority of a partner to bind the firm by his acts done in the usual course of business is called his "implied
authority". Such authority does not include:
(a) Selling the firm's goods.
(b) To borrow in a trading firm.
(c) Setting accounts with the persons dealing with the firm.
(d) Withdraw a suit for proceeding filed on the firm's behalf.
490. A notice to one partner operates as a notice to the whole firm. However, for that:
(a) The notice must have been given to a partner who habitually acts in the business of the firm.
(b) Notice to a dormant or a sleeping partner would also suffice.
(c) Notice to a partner who commits a fraud on the firm will not be a notice to the firm.
(d) Both (a) and (c) are correct.
492. Where in a contract between the partners no provision is made for duration of their partnership or for
determination of their partnership, the partnership is
(a) Unlimited partnership (b) Particular partnership (c) Implied partnership (d) Partnership at will
493. Which of the following is not a mode of dissolution of firm under Indian Partnership Act, 1932?
(a) Dissolution by agreement (b) Compulsory dissolution (c) Dissolution by Registrar (d) Dissolution by Court
496. On the death of a sole proprietor, his/her heirs automatically become the partners of old firm. This statement is
(a) True (b) Partly true (c) False (d) None of these
498. A firm consists of X,Y and Z. A who is not a partner, makes a representation to B that he is also a partner and on
the faith of this representation B gives credit to the firm.
(a) B can make A liable on the basis of holding out (b) A is estopped from denying that he is a partner in the
firm
(c) X,Y and Z will be liable for A's act (d) Both a and b
499. The deed provided that the partnership was to continue till there were two partners. In which of the following
cases the Supreme Court held that it was a provision for duration and therefore the firm was not at Will ?
(a) CSTv. Kelukkutty (b) Neuw Horizon Ltd v. Union of India
(c) uảuman v. Aslum (d) None of the above
501. In which of the following cases the Supreme Court held that by agreement between the partners, a partner can
be given remuneration for attending partnership work:
(a) VD Dhanwatey v. CIT (b) CIT v. Juggilal (c) Dulichand v. CIT (d) None of the above
502. Distinction between retirement and dissolution was explained by Supreme Court is explained in
(a) CITv. A W Figgis and Co (b) Muralidhar v. CIT (c) CITv. Shah Mohan Das Sadhuram (d) None of the above
503. In which of the following cases the Supreme Court held that quota is not an asset of the firm
(a) Shadilal v. Nagin Chand (b)VH Patel v. HH Patel
(c) Addankí Narayanappa v. Bhaskara Krishnappa (d) None of the above
504. Where partners upon or in anticipation of the that some or all of them will not carry on a dissolution of the firm
make an agreement business similar to that of the firm within specified period or within specified local limits, such
agreement is
(a) Valid, if restrictions imposed are reasonable; notwithstanding anything contained in Section 27 of the Indian
Contract Act
(b) Void, irrespective of the nature of restrictions imposed, on the ground of being an agreement in restraint of trade
(c) Voidable
(d) None of the above
505. In which of the following situations, a public notice is not required to be given under the Indian Partnership Act,
1932
(a) When a partner retires from the firm (b) When partner is expelled from the firm
(c) When the firm is dissolved (d) When an alteration is made in the name of the firm
506. An act of firm means:
(a) Any act of partner or agent of the firm which gives rise toa right enforceable by or against the firm
(b) Any act by all the partners
(c) Any omission by all the partners
(d) All of the above
507. Find out the correct answer from the following statements for partnership.
(a) In overall analysis, it appears that every agency is based on mutual partnership
(b) On comparing the functions, every partner happens to be sleeping partner
(c) There must be an agreement entered into by all the persons forming partnership.
(d) The agreement must necessarily provide for sharing of profit as well as loss of the business.
508. Which one of the following statements is no correct for a dormant partner?
(a) A dormant partner is not interested in the business of the firm.
(b) A dormant partner is not liable for the firm's liability to outsiders.
(c) A dormant partner is entitled to share the profits of the firm.
(d) A dormant partner is neither active nor mown to outsider.
509. Out of the following statements, point out which one is tot correct regarding implied authority of the partner to
act as agent of the firm.
(a) He has right to sell the goods or chattels of the firm.
(b) He has right to receive payment of debts due to the firm an equitable mortgage by depositing the title deeds
belonging to the firm.
(c) He has right to make
(d) He has right to acquire immovable property on behalf of the firm.
510. Which one of the following statements is correct for a minor who has been admitted to the benefits of the
partnership? against the
(a) A creditor of the firm sues minor's share in the firm for his credit.
(b) Such minor sues partners accounts of the firm for access
(c) Such minor sues the partners for share of the profits of the firm:
(d) On finding some foulness in the business, he files a case of dissolution of the firm.
511. A partner wants to dissolve the partnership firm before the agreed time. Select which one of the following is not
a perfect ground for dissolution of the firm for such partner.
(a) That one of the partners has become permanently incapable of performing his duties as a partner
(b) That other partner has transferred the whole of his interest in the firm to a third party
(c) That the business of the firm cannot be carried on except loss
(d) That the partner suing is in adulterous relationship with the wife of another partner which is apprehensive to
affect the business of the firm