Partnership Law
Tests knowledge of the Indian Partnership Act including retirement, dissolution, registration, partner duties and liabilities, and expulsion of partners.
Questions
Which of the following is not a valid mode of retirement?
- By consent of all other partners
- By agreement
- By notice in case of partnership at will
- By one's own choice or liking
- None of the above
Mark the incorrect statement.
- A third party is not barred from bringing an action against an unregistered firm.
- A suit by an unregistered firm for the recovery of the price of goods obtained by fraud is maintainable under section 69.
- An action for the tort of passing off by an unregistered firm against a third party is not permissible.
- The right to file a suit for eviction of a tenant under the Transfer of Property Act is a statutory right and an unregistered firm can file an eviction suit.
- None of the above
Which of the following is not a mode of dissolution of a firm provided for under sections 40 to 44 of the Partnership Act?
- Dissolution by agreement
- Compulsory dissolution
- Dissolution by court
- Dissolution by minor through a guardian
- None of the above
Which of the following is not an outgoing partner?
- An expelled partner
- A retired partner
- An insolvent partner
- A deceased partner
- None of the above
Which of the following is not a ground for dissolution of a firm by the court under section 44 of the Partnership Act?
- Unsoundness of mind
- Misconduct
- Persistent breach of agreement
- Death or insolvency of a partner
- None of the above
The expression ‘person suing’ in section 69(2) means
- all the partners of the firm who were its partners at the time of the accrual of cause of action
- all the partners of the firm who are its partners at the time of institution of the suit
- all the partners filing the suit
- all the partners of the firm when partnership came into existence
- None of the above
Mark the incorrect statement.
- The courts can see that the power of expulsion of a partner is exercised in good faith in the interest of the firm.
- Expulsion of a partner who has been held guilty of an offence has been considered to be justified.
- A partner convicted for travelling without a ticket with intent to avoid payment could be expelled on that ground.
- The liability of an expelled partner is not the same as that of a retired partner.
- None of the above
The liability of an incoming partner begins from
- the date of his joining the firm, i.e. admission
- the date when the firm came into existence
- the date of his joining the firm, i.e. admission, but he could agree to be liable for the acts of firm done before his admission
- the date of his joining the firm, i.e. admission, but he could be made liable for the acts of firm done before his admission when a fraud has been committed by the firm
- Both 3 and 4
Mark the incorrect statement.
- The partnership between the remaining partners can continue after the retirement of a partner, but for that there must be at least two remaining partners to continue the business.
- There cannot be any retirement from liability for wrongful acts.
- A retired partner remains liable for all the acts of the firm done before and up to the date of the retirement.
- A retiring partner cannot make an arrangement with his co-partners under which he is released from liability for outstanding debts.
- None of the above
An application for registration of a partnership firm is not required to contain
- the duration of the firm
- signatures of all the partners
- the date when each partner joined the firm
- specific shares of the partners of the firm
- None of the above
Which of the following is not a mutual duty of a partner?
- Duty of utmost good faith
- Duty to carry on business to the greatest common advantage
- Duty to render true accounts and full information
- Duty to contribute funds or capital for the firm’s business
- None of the above
According to section 31 of the Partnership Act, a new partner can be introduced or admitted into a firm
- by the consent of all the partners
- by the consent of all the partners, but subject to contract between the partners
- by the consent of all the partners, but subject to the contract between the partners and to the provisions of section 30
- by the consent of majority of the partners, but subject to contract between the partners and to the provisions of section 30
- None of the above
The relation of partnership need not be a permanent bond. There can be a partnership in a single or particular business venture. This is laid down in which section of the Partnership Act?
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
In the case of registered firm, the notice of retirement of a partner must be given
- in the official gazette
- in one vernacular newspaper circulating in the district where the firm has its principal place of business
- to the registrar of firms
- All of the above
- Both 1 and 3
Which of the following is/are not a sufficient ground to justify dissolution of a firm?
- Incompetence for business
- Ordinary partnership squabbles
- Misuse of partnership funds for payment of personal debts
- Persistent breach of agreement
- All of the above