The liability by holding out, in case of retiring partner, continues up to
A. Date of retirement
B. Date of public notice about such retirement
C. Date of notice to other partners about such retirement
D. Whichever is either out of (A), (B) and (C)
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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 attaining majority
A. Automatically becomes a partner in the firm
B. Becomes a partner with the consent of all the other partners
C. Becomes a partner only if he of his own chooses to become a partner
D. Either (B) or (C)
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Liability of the firm for misapplication by partners has been dealt with under
A. Section 26 of the Act
B. Section 27 of the Act
C. Section 24 of the Act
D. Section 25 of the Act
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Where a partnership firm is constituted a fixed period and after the expiration that term the firm continues to carry business without any agreement
A. The partnership stands extended till the new agreement is made
B. The partnership becomes the partnership at will
C. The partnership becomes illegal
D. The partnership stands dissolved on the date of the expiry of the term and no partnership can be said to be in existence
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For the bar of section 69(2) of the Indian Partnership Act, 1932, not to apply to a suit instituted by a firm against a third party for enforcing the rights arising out of contract, the firm must be a registered firm
A. On the date when the cause of action has arisen
B. On the date when the suit was instituted
C. On the date when the suit was decided
D. Either (A) or (B) or (C)
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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 limitation for such a suit is 30 years
B. Within limitation as the period of limitation for such a suit is 12 years
C. Barred by limitation as the period of limitation for such a suit is six months
D. Barred by limitation as the period of limitation for such a suit is three years
Select an option to see the answer and solution.
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. E. M. Muthappa Chettiar
Select an option to see the answer and solution.
Interest on any sum found due to a partner runs from
A. The date of the plaint
B. The date of the preliminary decree
C. The date of the final decree
D. Either (A) or (C)
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On the dissolution of a partnership firm the partner is the first person who will receive his share capital from the assets of the firm.
A. Yes, a partner's right in the assets of the firm is supreme and he is first paid his share before making payment to anybody else vide Section 46 of the Partnership Act
B. No, a partner will receive his share capital from the partnership firm on dissolution but first after the payments of the third party debts of the partnership firm but before the debts of the partners payable by the partnership firm are paid
C. Share capital of a partner in a partnership firm is paid only after paying the third party debts of the partnership firm and loans repayable to the partners by partnership firm
D. Share capital of a partner of a dissolved partnership firm is paid from the residue available for distribution after the profits are distributed to the partners in the partnership firm as per their profit sharing ratio in view of Section 49 of the Partnership Act
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On expulsion from a partnership, the partner so expelled
A. Ceases to be a partner
B. Continues to be a partner and his status becomes as of a retired partner
C. Dissolves the firm automatically
D. Continues to be a partner and his status becomes as of a sleeping partner
Select an option to see the answer and solution.
If an innocent partner seeks dissolution of a firm under section 44(c) of the Indian Partnership Act, 1932, he has to satisfy the court that . . . . . . .
A. The conduct of the other partner is calculated to prejudice the carrying on of the partnership business
B. The partnership firm is not in a position to repay the loan borrowed from a Nationalized Bank
C. The partnership firm has not gained profit in past three years
D. There are no future prospects to the business of the firm
E. None of these
Select an option to see the answer and solution.
Goodwill of a partnership business is the property of the partnership
A. Under Section 14
B. Under Section 13
C. Under Section 12
D. Under Section 11
Select an option to see the answer and solution.
The partnership at will can be dissolved by giving a notice of intention to dissolve the partnership to
A. The managing partner
B. The majority of the partners
C. All the partners
D. Either (A) or (B) or (C)
Select an option to see the answer and solution.
A corporation can enter into a contract of partnership and become a partner of a firm. The statement is:
A. True
B. False
C. Partly true
D. None of the above
Select an option to see the answer and solution.
Section 53 of the Indian Partnership Act, 1932, provides for
A. Agreements in restraint of trade by the partners
B. Right to restrain from use of firm name or property, of a partner after dissolution
C. Right to restrain from use of firm name or property, of a partner during the subsistence of partnership
D. All the above
Select an option to see the answer and solution.
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
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A partner can retire by notice of intention to retire, where
A. The partnership is at will
B. The partnership is for a specified period
C. Where a contract has been made between the partners for its determination
D. None of the above
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Under section 55(1) of the Indian Partnership Act, 1932, goodwill can be taken into account
A. When there is a general dissolution of the firm
B. When the representative of a partner claims his share in the assets of the firm
C. Both (A) and (B)
D. Only (A) and not (B)
Select an option to see the answer and solution.
Who among the following is a partner?
A. A money lender sharing the profits
B. A person sharing the profits of business carried on by all or any of them
C. A person sharing the return arising from joint property
D. A seller of goodwill sharing the profits of business
Select an option to see the answer and solution.
In settling the account of a firm after dissolution, the goodwill shall:
A. Be included in the assets
B. It may be sold either separately or along with other property of the firm
C. Both (A) and (B)
D. None of above
Select an option to see the answer and solution.