Effect of admissions by a partner, has been dealt with under
A. Section 23 of the Act
B. Section 22 of the Act
C. Section 21 of the Act
D. Section 24 of the Act
Select an option to see the answer and solution.
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
B. Transactions already made as the revocation shall relate back to the date of guarantee
C. Transactions already made as well as future transactions
D. Neither (A) nor (B) but only (C)
Select an option to see the answer and solution.
A' and 'B', two members of a three member partnership firm, bring a suit for recovery of the debt due from 'X' to the firm, but their firm is not registered on the date of the institution of the suit. The suit
A. Is maintainable with leave of the court
B. Is maintainable with the concurrence of 'X'
C. Is liable to be rejected in view of section 69, Partnership Act
D. Will become maintainable after the original defect is cured by subsequent registration
Select an option to see the answer and solution.
The scheme of settlement of account of a firm after dissolution as provided under section 48 of the Indian Partnership Act, 1932
A. Can be altered by the court
B. Can be altered by the partners by agreement
C. Cannot be altered
D. Either (A) or (B)
Select an option to see the answer and solution.
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 partnership affairs
C. Where the partner has abandoned his rights and obligations under the partnership
D. All the above
Select an option to see the answer and solution.
Upon the coming into force of the Limited Liability Partnership Act, 2008:
A. The Indian Partnership Act, 1932 stands repealed
B. The provisions of the Indian Partnership Act, 1932 ipso facto apply to Limited Liability Partnership (LLPs) also
C. Both the Acts co-exist but the provisions of the Indian Partnership Act, 1932 are not applicable to LLPs save as otherwise provided
D. The Limited Liability Partnership Act, 2008 is applicable to only metropolitan cities as defined therein and the Indian Partnership Act, 1932 continues to apply to the rest of the country
Select an option to see the answer and solution.
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 relate back to the date of his attaining majority irrespective of the date on which he exercised the option
B. Shall relate back to the date when he was admitted to the benefits of the firm
C. Shall commence from the date of his exercising the option by giving the public notice
D. Shall commence from the date as decided by all the partners
Select an option to see the answer and solution.
Which of the following is not a true statement regarding minor's admission to partnership in a firm?
A. A minor may be admitted to the benefits of partnership with the consent of majority of partners
B. A minor may be admitted to the benefits of partnership with the consent of all the partners
C. A minor is not personally liable for any act of the firm
D. A minor has a right to such profits as agreed upon
Select an option to see the answer and solution.
For retirement of partners . . . . . . . is necessary
A. Public notice
B. Dissolution of partnership
C. Non-existence of firm
D. None of the above
Select an option to see the answer and solution.
Z and W are partners in a stationery business. Z orders on the firm's letter head to supply two bags of wheat at his residence. What will be the liability of the firm under the Indian Partnership Act, 1932?
A. The firm is not liable to pay the debt
B. The firm is liable to pay the debt
C. The firm is liable only for half of the debt
D. None of the above
Select an option to see the answer and solution.
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 duties as partner
B. Temporarily incapable of performing his duties as partner
C. Either (A) or (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
Out of the following which is not the correct statement regarding 'retirement of a partner'?
A. A partner may retire with the consent of all other partners
B. A partner may retire in accordance with an express agreement by the partners
C. A partner may retire with the consent of any other partner
D. Where the partnership is at will, a partner may retire, by giving notice in writing to all the other partners of his intention to retire
Select an option to see the answer and solution.
On death of a partner, in absence of any term to the contrary, a partnership firm is dissolved:
A. Where the Will of deceased partner states that the partnership will be dissolved
B. When last of the erstwhile partner dies
C. When there were only two partners and one dies
D. When a minor admitted to benefit of partnership dies
Select an option to see the answer and solution.
Where a firm'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
D. Only (C) and not (A) or (B)
Select an option to see the answer and solution.
Under section 14 of the Indian Partnership Act, 1932, goodwill of the business is
A. Property of the firm
B. Property of the managing partner
C. Property of the partner having the highest share in the profits
D. Property of the partner having the lowest share in the profits
Select an option to see the answer and solution.
The term 'notice' under section 24 of the Indian Partnership Act, 1932 has a reference to
A. Actual notice
B. Constructive notice
C. Deemed notice
D. All the above
Select an option to see the answer and solution.
Under the Indian Partnership Act, 1932, where the partnership is at will, a partner way retire.
A. By giving oral notice expressing his intention
B. By giving written notice expressing his intention
C. Without any notice
D. None of the above
Select an option to see the answer and solution.
The mode of determining the existence of partnership has been laid down in
A. Section 5
B. Section 6
C. Section 9
D. Section 10
Select an option to see the answer and solution.
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
A. The new partner
B. The old partner
C. Either (A) or (B)
D. Both (A) and (B)
Select an option to see the answer and solution.
The position of retired partner is provided under
A. Section 30
B. Section 31
C. Section 32
D. Section 33
Select an option to see the answer and solution.