Where a firm is carrying on more than one type of business, under the proviso to section 41(b) of the Act, the firm escapes compulsory dissolution if
A. All the businesses remain lawful
B. Majority of the businesses remain lawful
C. Least business remains lawful
D. Either (A) or (B) or (C)
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'Notice to a partner is a notice to the firm' has been provided under
A. Section 23 of the Act
B. Section 25 of the Act
C. Section 24 of the Act
D. Section 26 of the Act
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Which of the following amounts to enforcement of a right, by a partner of an unregistered firm, arising out of a contract between the parties
A. An action between two former partners to enforce an agreement restraining an outgoing partner from carrying on in some area any business similar to that of the firm
B. Suit for recovery of money due on a contract entered into between the partners of an unregistered firm after settlement of accounts between partners of a dissolved firm
C. Suit for permanent injunction for passing off
D. Neither (A) nor (B) nor (C)
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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
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Partnership as defined in the Indian Partnership Act, is the relation between persons who have agreed to share the . . . . . . . . of a business carried on by all or any of them acting for all.
A. Profit
B. Loss
C. Expenses
D. Capital
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On the death of a partner, public notice of death is not given and the firm continues the business, then for the acts of firm done after his death, the estate of the deceased partner is
A. Proportionately liable
B. Treated as security
C. Not liable
D. Liable
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Which of the following is a strong but not sufficient test of partnership
A. Sharing of profits
B. Sharing of losses
C. Either of the two
D. None of the above
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Reconstitution of a partnership firm means and implies that
A. The firm became extinct and thereafter reformulated
B. The firm never became extinct and continued under altered circumstances as to membership
C. A change in the profit sharing ratio with all existing partners
D. Only (A) and not (B) or (C)
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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 held and used by the partners exclusively for the purposes of business
C. Shall be deposited into the bank custody
D. None of above
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On the death of a sole proprietor, his heirs automatically become the partners of old firm. The statement is
A. True
B. False
C. Partly true
D. None of the above
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Which of the following section of Indian Partnership Act. 1932 deals with the doctrine of 'Holding Out'
A. Section 24
B. Section 28
C. Section 29
D. Section 30
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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
A. Can be revised at the option of the outgoing partner at any time
B. 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)
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A partnership contract based on fraud or misrepresentation is
A. Valid
B. Voidable at the instance of the victim of fraud or misrepresentation
C. Voidable at the instance of any of the partners
D. Void
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A minor 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 insolvent and his share seized by the receiver
B. Can be adjudicated as insolvent but his share cannot be seized by the receiver
C. Cannot be adjudicated as insolvent but his share can be seized by the receiver
D. Cannot be adjudicated as insolvent nor his share can be seized by the receiver
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According to section 26 of the Indian Partnership Act the firm would be vicariously liable for the wrongful acts ofomission of a partner provided it is
A. Done in the ordinary course of business
B. Done with the authority of the partners
C. Either (A) or (B)
D. Both (A) and (B)
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Under the proviso to section 50 of the Indian 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 settlement 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 consideration for purchase of goodwill is inadequate
D. Can be restrained from using the firm name after dissolution and before the winding up
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An act done by a person on behalf of the firm beyond the implied authority
A. Cannot be ratified
B. Can be ratified expressly
C. Can be ratified impliedly by conduct
D. Either (B) or (C)
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Notice to a partner', under section 24 of the Indian Partnership Act, 1932 does not operate as 'notice to the firm' in case
A. Of a fraud on the firm committed by the partner having notice
B. Of a fraud on the firm committed by others with the consent of the partner having notice
C. Both (A) and (B)
D. Neither (A) nor (B)
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A receiver of the insolvent partner's property in the partnership
A. Can claim exclusive possession of the assets of the partnership
B. Becomes a joint tenant
C. Becomes a tenant in common
D. Both (A) and (C)
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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
Select an option to see the answer and solution.