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Partnership Act Test - 3

Description: Partnership Act Test 1
Number of Questions: 15
Created by:
Tags: Partnership Act Test 1 Partnership Law
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Which of the following partnerships is/are valid?

  1. Partnership between two partnership firms

  2. Partnership between one partnership firm and an individual

  3. Partnership between individual members of one firm and the individual members of another firm

  4. All of the above

  5. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Partnership firm is not a legal firm in the eyes of law, so there cannot be a partnership between two partnership firms. Option (2) is incorrect: There cannot be a partnership with a partnership firm. Option (3) is correct: Partnership between individual members of one firm and the individual members of another firm is a valid partnership. Option (4) is incorrect: Option (3) is correct.

A and B, two members of a three-member partnership firm, bring a suit for the recovery of debt due from X to the firm, but their firm is not registered on the date of the institution of the suit. The suit

  1. is maintainable with the leave of the court

  2. is maintainable with the concurrence of X

  3. is liable to be rejected in view of Section 69 of the Partnership Act

  4. will become maintainable after the original defect is cured by subsequent registration

  5. None of the above


Correct Option: C
Explanation:

Option (1) is incorrect: The suit is not maintainable with the leave of the court. Option (2) is incorrect: The suit is maintainable with the concurrence of X. Option (3) is correct: The suit is liable to be rejected under Section 69 of the Partnership Act because under Section 69 of the Act, an unregistered partnership cannot bring a suit against any person. Option (4) is incorrect: The suit will not become maintainable.

An act to be called an ‘act of firm’ within the meaning of Section 2(a) of the Indian Partnership Act, 1932 is

  1. every act of partners

  2. only such an act which gives rise to a right enforceable by or against the firm

  3. such an act which does not give rise to a right enforceable by or against the firm

  4. Either (1), (2) or (3)


Correct Option: B
Explanation:

Option (1) is incorrect: Every act of partner is not called 'act of firm'. Option (2) is correct: The only act which gives rise to a right enforceable by or against the firm is called 'act of firm'. Option (3) is incorrect: The act which does not give rise to a right enforceable by or against the firm is not called 'act of firm'. Option (4) is incorrect: Only 2 is correct.

A partnership firm is a/an

  1. distinct legal entity from its partners

  2. independent juristic person

  3. agent of its partners

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: A partnership firm is not a distinct entity from its partners. Option (2) is incorrect: A partnership firm is not an independent juristic person. Option (3) is correct: A partnership firm is an agent of its partners.

Which of the following does not amount to misconduct by a partner?

  1. Lation with partner’s wife

  2. Caught travelling without ticket

  3. An allegation of fraud by a third party

  4. Theft of firm’s account books


Correct Option: C
Explanation:

Option (3) is correct: An allegation of fraud by a third party does not amount to misconduct by a partner.

A, B and C are partners in a firm. C retires and X is admitted as a new partner. The firm did not give a public notice of the change, but continued its business in its old firm name. Z, a customer of the firm, deals with the firm after the change and the firm becomes indebted to him. In that case,

  1. Z can sue A, B, C and X

  2. Z can sue A, B and C

  3. Z can sue either A, B and C or A, B and X

  4. Z can sue A and B only


Correct Option: C
Explanation:

Option (1) is incorrect: Z cannot sue A, B, C and X jointly. Option (2) is incorrect: Z can sue either A, B and C or A, B and X. Option (3) is correct:  Every partner is liable jointly with all the other partners and also severally, for all acts of the firm done, while he is a partner. Z can sue either A, B and C or A, B and X. Option (4) is incorrect: Z cannot sue A and B only.

In which of the following cases is a public notice not required?

  1. Insolvency of a partner

  2. Expulsion of a partner

  3. Retirement of a partner

  4. Dissolution of a firm


Correct Option: A
Explanation:

Option (1) is correct: A public notice is not required in case of insolvency and death of a partner.

A firm may be dissolved by a court in all of the following circumstances, except

  1. misconduct by a partner

  2. insanity of partner

  3. completion of venture

  4. persistent breach of agreement by a partner


Correct Option: C
Explanation:

Option (1) is incorrect: Under Section 44 of the Partnership Act, either a partner or a court itself can ask for dissolution of firm in case of misconduct by a partner. Option (2) is incorrect: Under Section 44 of the Partnership Act, either a partner or a court itself can ask for dissolution of firm in case of insanity of partner. Option (3) is correct: The completion of venture is a contingent event, which results in dissolution of a firm. All other options are the cases when a court orders for dissolution of firm. Option (4) is incorrect: Under Section 44 of the Partnership Act, either a partner or a court itself can ask for dissolution of firm, in case of persistent breach of agreement by a partner.

The reconstitution of a firm takes place in all of the following cases, except

  1. admission of a new partner

  2. death of a partner

  3. insolvency of a partner

  4. change in profit sharing ratio


Correct Option: D
Explanation:

Option (4) is correct: The reconstitution of a firm does not take place when there is a change in the profit sharing ratio.

When there is a change in relations between partners, it is called

  1. dissolution of a firm

  2. dissolution of partnership

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: The dissolution of partnership between all the partners of a firm is called the dissolution of a firm. Option (2) is correct: A change in relations between the partners is called dissolution of partnership.

It is not included in the implied authority of a partner

  1. to buy or sell goods on account

  2. to borrow money for the purposes of the firm

  3. to enter into partnership on behalf of the firm

  4. to engage a lawyer to defend actions against the firm


Correct Option: C
Explanation:

Option (1) is incorrect: In the absence of any usage or custom of trade to the contrary, a partner has implied authority to buy or sell goods on account. Option (2) is incorrect: In the absence of any usage or custom of trade to the contrary, a partner has implied authority to borrow money for the purposes of the firm. Option (3) is correct: Under Section 19(2) of the Act, the implied authority of a partner does not empower him to enter into partnership on behalf of the firm. Option (4) is incorrect: In the absence of any usage or custom of trade to the contrary, a partner has implied authority to engage a lawyer to defend actions against the firm.

Which of the following is not a right of an outgoing partner?

  1. To use the name of the firm

  2. To carry on competitive business to that of the firm

  3. To share subsequent profits till the final settlement

  4. To claim interest @ 6% p.a. on his unpaid amount


Correct Option: A
Explanation:

Option (1) is correct: An outgoing partner does not have a right to use the name of the firm. The other rights are available to him unless there is a contract to contrary.

A and B are the only two partners in a firm. B was murdered by C, who wanted to become a partner of the firm, but B had raised an objection to it. A now wants to take D as a partner in the said firm. D is the father of C. In the light of the situation, which of the following is correct?

  1. The original partnership is dissolved.

  2. The original partnership is dissolved and A and D cannot continue.

  3. A and D have to enter into a fresh agreement and create a new partnership.

  4. All of the above


Correct Option: D
Explanation:

Option (4) is correct: All the options are correct and this is on partners will on how to proceed. There is no such law that D being C’s father, who has murdered B, can join the firm. It completely depends on existing partner’s (A) will.

It is not compulsory to give a public notice in case of retirement of a/an

  1. sleeping partner

  2. partner by holding out

  3. nominal partner

  4. active partner


Correct Option: A
Explanation:

Option (1) is correct: Since the existence of a sleeping partner is not known to the outside world, so it is not necessary for to give a public notice of his retirement. In all the other cases, a public notice is required.

Upon the coming into force of the Limited Liability Partnership Act, 2008,

  1. the Indian Partnership Act, 1932 stands repealed

  2. the provisions of the Indian Partnership Act, 1932 ipso facto apply to limited liability partnerships (LLPs) also

  3. both the acts coexist, but the provisions of the Indian Partnership Act, 1932 are not applicable to LLPs, same as otherwise provided

  4. the Limited Liability Partnership Act, 2008 is applicable to only metropolitan cities as defined there in and the Indian Partnership Act, 1932 continues to apply to the rest of the country


Correct Option: C
Explanation:

Option (1) is incorrect: The Indian Partnership Act, 1932 is applicable on partnership firms and Limited Liability Partnership Act, 2008 is applicable on LLPs. Option (2) is incorrect: The provisions of the Indian Partnership Act, 1932 does not apply to limited liability partnerships. Option (3) is correct: The provisions of the Indian Partnership Act, 1932 are not applicable to LLPs, except whereas provided by law. Option (4) is incorrect: No such provision.

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