A suit for the enforcement of a right arising out of a contract against third party, under section 69(2) of the Indian Partnership Act, 1932, can be instituted by

Where a suit instituted by an unregistered firm against a third party for enforcing its rights arising out of a contract, has been dismissed under section 69(2) of the Indian Partnership Act, 1932, a fresh suit on the same cause of action, after registration of the firm is

A

Barred by resjudicata

B

Maintainable only if the court while dismissing the earlier suit has granted the liberty to file a fresh one

C

Maintainable if within limitation

D

Maintainable only with the leave of the court

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

A

1, 2

B

3, 4

C

2, 4, 5

D

All of these

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)

For the enforcement of a right arising from a contract, a partner of an unregistered firm under section 69(1) of the Indian Partnership Act, 1932 can sue

A

The firm

B

The co-partner(s)

C

Both (A) and (B)

D

Neither (A) nor (B)

Read Assertion (A) and Reason (R) and answer using given below:
Assertion (A): Partner of an erstwhile unregistered partnership firm can bring a suit to enforce a right arising out of a contract falling within the ambit of Section 69 of the Indian Partnership Act.
Reason (R): Because Judgement in case of Loonkaran Sethia v. Ivan E. John laid down above judicial principle.

A

Both (A) and (R) are correct and (C) is correct reason for (A)

B

Both (A) and (R) are wrong

C

(A) is right, but (R) is wrong

D

(A) is wrong, but (R) is right

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

In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is

A

Liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith

B

Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith

C

Liable to be excluded under section 14(3) of Limitation Act

D

To be excluded or not to be excluded is in the discretion of the court

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

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

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