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Non-registration of a partnership firm under section 69 of the Indian Partnership Act, 1932, is not a bar for a firm in respect of
A
Civil proceedings
B
Criminal proceedings
C
Both civil and criminal proceedings
D
Neither civil nor criminal proceedings
Correct Answer:
Criminal proceedings
The Propositions are:
(1) Where a partner of a professional business partnership borrows money in the usual and regular course of business stating that the money is to be used for partnership business but misappropriates it, the other partners shall be liable.
(2) Where money has been borrowed by a partner without authority, but has been applied to the legitimate business needs of the firm, the firm is liable.
(3) Where the act is within the scope of the implied authority of a partner, but it has been done by him, to the knowledge of the third party, not for the firm but for his own purposes, the firm is liable.
Which of the following is true in accordance with Indian Partnership Act, 1932 as to the aforesaid propositions?
A
(1) is correct, (2) and (3) are incorrect
B
(1) and (2) are correct, (3) is incorrect
C
(1), (2) and (3), all are correct
D
(2) and (3) are correct, (1) is incorrect
E
None of these
Carefully read following statements:
1. According to Section 34 of Indian Penal Code, requirement is of two persons, whereas under Section 149 of Indian Penal Code, requirement is of five persons.
2. According to Section 34 of Indian Penal Code, common intention is required whereas under Section 149 Indian Penal Code, common object is required
3. Previous consent is required under Section 34 & 149 of Indian Penal Code
4. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code constitutes a specific offence
Which of the above statements is true:
A
1 and 3
B
2 and 3
C
1 and 2
D
2 and 4
Consider the following statements:
1. Section 34 of Indian Penal Code requires two persons whereas Section 149 of Indian Penal Code require five persons.
2. Section 34 of Indian Penal Code requires common intention, whereas Section 149 of Indian Penal Code requires common object
3. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code both require presence of a prior consent
4. Section 34 of Indian Penal Code and section 149 of Indian Penal Code. Both create specific offence
Which of the above statements are correct?
A
1 and 3
B
2 and 3
C
1 and 2
D
2 and 4
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)
A suit of a partnership firm to enforce any type of rights of the partnership firm is not maintainable unless the partnership firm is registered under Section 69 of the Partnership Act before the filing of the suit.
A
An unregistered firm cannot sue for any rights, be they contractual or statutory, unless the partnership firm is first registered
B
Partnership firm can sue for enforcement of its statutory rights even if the partnership firm is not registered
C
A partnership firm can sue for enforcement of its rights provided in the same suit both statutory and contractual rights are claimed together and not only contractual rights
D
Even if a suit is filed for enforcement of a contractual right by an unregistered firm, but such a suit can continue if the partnership firm is got registered during pendency of the suit
The changes in the constitution of the firm or dissolution of the firm, where the firm is a registered firm, under section 63 of the Indian Partnership Act, 1932, has to be notified to the Registrar by
A
All the partners
B
The majority of partners
C
Any of the partners
D
An outsider/creditor of the firm
In a firm, where a partnership is in respect of profits only but that which produces those profits belongs exclusively to one of the partners, under section 46 of the Indian Partnership Act, 1932
A
The lien extends to the profits as well as to that which produces the profits
B
The lien is confined to the profits and does not extend to that which produces the profits
C
The lien neither extends to the profits nor to that which produces the profits
D
Either (B) or (C)
Under the Indian Partnership Act, 1932, where no provision is made by contract between the partners for the duration of their partnership or for the determination of their partnership, the partnership is called.
A
Partnership indefinite
B
Partnership at will
C
Unlimited partnership
D
General partnership
Prior to the Indian Partnership Act, 1932 which came into force from 1
st
October, 1932 except section 69 which came into force from 1
st
October, 1933, the law of partnership was provided in
A
Sale of Goods Act, 1930
B
Indian Contract Act, 1872
C
Transfer of Property Act, 1908
D
English Partnership Act, 1890
What is true about the Indian Partnership Act, 1932 (9 of 1932) after the enactment of the Limited Liability Partnership Act, 2008 (6 of 2009).
A
The Act is not applicable to Limited Liability Partnership Firms
B
The Act is repealed by the Limited Liability Partnership Act, 2008
C
The Act is also applicable to Limited Liability Partnership firms
D
The Act was amended by the Limited Liability Partnership Act, 2008