Partnership

---CHAPTER I PRELIMINARY Ss. 1-3

UPHJS2018-III Edit

1. As per the Indian Partnership Act, 1932, business includes:
A. Every trade, occupation and profession
B. Every service including service on contract basis
C. Medical assistance given under National Rural Health Mission
D. None of the above

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UPHJS2018-I Edit

61. 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

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UPHJS2016 Edit

52. Which of the following is a strong evidence (or test) of the partnership.
(a) Sharing of losses.
(b) Sharing of profits.
(c) Both (a) and (b)
(d) None of the above

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UPHJS2009 Edit

4. An act, to be called on ‘act of firm’, within the meaning of section 2(a) of the Indian Partnership Act, 1932 is-
(A) every act of the partners
(B) only such acts which give rise to a enforceable by or against the firm
(C) such acts which do not give rise to a right enforceable by or against the firm
(D) either (A) or (B) or (C)

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---CHAPTER II THE NATURE OF PARTNERSHIP Ss. 4-8

UPHJS2018-III Edit

2. Which of the following statement is not correct:
A. A firm may be dissolved with the consent of all the partners
B. A firm may be dissolved in accordance with a contract between the partners
C. A firm stands dissolved by the happening of any event that makes it unlawful for the business
D. A firm may be dissolved as per will of any of its partner without giving any notice in writing to the other partners

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UPHJS2018-II Edit

93. A partnership firm is :
(a) A distinct legal entity from its partners
(b) An independent juristic person
(c) An agent of its partners
(d) none of the above

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UPHJS2018-I Edit

59. A partnership firm is a legal entity “like a company”. The statement is :
(a) True
(b) False
(c) Partly true
(d) None of the above

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UPHJS2012 Edit

31. Which of the following is not an essential requisite for creating a partnership as per Section 4 of the Partnership Act?
(A) An agreement to carry on a business
(B) Sharing of profits
(C) Sharing of losses
(D) Business to be carried by all or any of them acting for all.

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UPHJS2009 Edit

5. Which of the following is a valid partnership?
(A) partnership between two partnership firm
(B) partnership between one partnership firm and an individual
(C) partnership between individual members of one firm and the individual members of another firm
(D) neither (A) nor (B) nor (C)

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UPHJS2014 Edit


3. A Hindu undivided family which is a partner in a firm if ceases to exist, then whether the partnership exits or stands dissolved? Discuss with the help of relevant case law and Section 5 of the Indian Partnership Act, 1932. 10


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UPHJS2009 Edit


3. (a) Briefly state rights and duties of the partners inter se, under the Indian Partnership Act? 10

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---CHAPTER III RELATIONS OF PARTNERS TO ONE ANOTHER Ss.9-17

UPHJS2018-I Edit

60. The liability of the Partners for the acts of the firm is :
(a) Joint
(b) Several
(c) Joint and Several
(d) None of the above

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UPHJS2014 Edit

70. Which of the following sections of the Indian Partnership Act bestows every partner with the authority of an agent?
(A) Section 17
(B) Section 18
(C) Section 19
(D) Section 20

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UPHJS2012 Edit


2. (b) Discuss the scope of implied authority of a partner. A partner of a firm of solicitors borrows Rs. 5,000/- in the name of the firm. Will it be a valid act within its implied authority ? 10


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---CHAPTER IV RELATIONS OF PARTNERS TO THIRD PARTIES Ss. 18-30

UPHJS2009 Edit


3. (b) One of the partners of a Partnership Firm had retired from the firm on 1-4-1982. The firm continued carrying on its business. The firm took a loan on 1-3-1985. It was established that the retired partner had neither represented nor permitted himself to be represented that he was the partner in the first on 1-3-1985. Can he be held liable for the loan taken by the firm on 1-3-1985? Decide in the light of the provisions of the Indian Partnership Act. 10


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---CHAPTER V INCOMING AND OUTGOING PARTNERS Ss. 31-38

UPHJS2014 Edit

69. 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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---CHAPTER VI DISSOLUTION OF A FIRM Ss. 39-55

UPHJS2018-II Edit

5. Subject to contract between the partners, a firm is dissolved:

(a) if constituted for a fixed term, by the expiry of that term
(b) if constituted to carry out one or more adventures or undertakings, by the completion thereof
(c) by the death of a partner
(d) all the above

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UPHJS2014 Edit


4. Discuss the contingencies of the statutory provision of the dissolution of partnership and explain with the help of case law as to whether, if the widow of a deceased partner joins the firm with a fresh deed or partnership, does it constitute a change in the Constitution of the firm or not? 10


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UPHJS2012 Edit


2. (a) Partnership, which is a partnership at will, is dissolved by a partner giving a notice to other partner of his intention to retire from partnership. From what date does such dissolution take effect ? When does the liability of such partner with respect to the dealings of the firm with outsider ceases ? 10


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---CHAPTER VII REGISTRATION OF FIRMS Ss. 56-71

UPHJS2007 Edit


3 (a) Discuss the effect of non registration of a partnership firm, whether the effect of non registration of firm can be removed during pendency of the suit by getting the firm registered? 15

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UPHJS2007 Edit


3 (b) A, B, C and D are partners in a firm, which has not been registered. A is wrongfully expelled from the firm by the other partners. Can he successfully bring a suit against other partners for damages for wrongful expulsion and declaration that he continues to be a member of the firm? What remethes, if any, are open to A? 5

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UPHJS2009SPL Edit


2. (a) Discuss fully the effect of non-registration of a partnership firm on the rights of the partners vis-a-vis partners and third parties. 10

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UPHJS2009SPL Edit


2. (b) ‘X’ and ‘Y’ purchased a taxi to ply it in partnership. They had done business for about an year when ‘X’, without the consent of ‘Y’ disposed of the taxi, ‘Y’ brought a suit for recovery of his share in sale proceeds. ‘X’ set up the defence that the partnership was not registered and as such the suit was not maintainable ? Advise. 10

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---CHAPTER VIII SUPPLEMENTAL Ss. 72-74