100 sample questions on The Indian Partnership Act, 1932 for Punjab Judiciary Examination (preliminary)

100 sample questions on The Indian Partnership Act, 1932 for Punjab Judiciary Examination (preliminary)

1. The Limited Liability Partnership Act, 2008 (6 of 2009) is an Act to make provisions for the

(a) formulation and regulation of General Partnership Firms and Limited Liability formed under Indian Partnership Act, 1932

(b) formulation and regulation of Joint Ventures with unlimited liability formed under Indian Contract Act, 1872

(c) formulation and regulation of Chit Funds Organisations with unlimited liability formed under the Chit Funds Act, 1982

(d) formation and regulation of Limited Liability Partnership with limited liability formed under the Limited Liability Partnership Act, 2008.

2. Foreign Limited Liability Partnership (FLLP) under the Limited Liability Partnership Act, 2008 means

(a) a Limited Liability Partnership formed, incorporated or registered in that country to which the partners belong

(b) a Limited Liability Partnership formed, incorporated or registered under Economic Council of UNO

(c) a Limited Liability Partnership formed, incorporated or registered in Indian territory

(d) a Limited Liability Partnership formed, incorporated or registered outside India which establishes a place of business within India.

3. Every Limited Liability Partnership as per the Limited Liability Partnership Act, 2008 shall have at least two Designated Partners (DPs) who are individuals and

(a) at least one among them shall be resident in India

(b) both of them shall belong to one family residing in India

(c) both of them should be non-resident Indians (NRIs)

(d) both of them should belong to a single country outside India.

4. Prior to the Indian Partnership Act, 1932 which came into force from 1 October, 1932 except section 69 which came into force from 1 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.

5. Unilateral dissolution of partnership by partner who is minority shareholder is

(a) not permissible

(b) permissible

(c) permissible if all minority share-holders agree

(d) permissible if Memorandum of Association prescribes.

6. An act, to be called on 'act of a 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 right 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).

7. Any act or omission, to be an act of a firm, within the meaning of section 2(a) of the Indian Partnership Act, 1932 must be act or omission of

(a) all the partners

(b) any of the partner

(c) agent of the firm

(d) either (a) or (b) or (c).

8. Whether an act of a partner or agent can be regarded as an 'act of the firm' is a

(a) question of fact

(b) question of law

(c) mixed question of fact & law

(d) either (a) or (c).

9. The term 'business' has been defined under

(a) section 2(a)

(b) section 2(b)

(c) section 2(d)

(d) section 2(e).

10. Under section 2(b) of the Indian Partnership Act, business includes

(a) every trade and occupation

(b) every occupation and profession

(c) every trade, occupation and profession

(d) every trade and profession.

11. The term 'partnership' has been defined under

(a) section 3

(b) section 4

(c) section 5

(d) section 6.

12. Under section 4 of the Indian Partnership Act, partnership is a

(a) compulsory legal relation

(b) creation of the choice and voluntarily agreement between the concerned parties

(c) a relation arising from status

(d) either (a) or (b) or (c).

13. Which of the following enactments insist for a written agreement of partnership

(a) the Indian Partnership Act, 1932

(b) the Indian Contract Act, 1872

(c) the Indian Registration Act, 1908

(d) neither (a) nor (b) nor (c).

14. A partnership can be

(a) a general partnership

(b) a particular partnership

(c) either (a) or (b)

(d) only (a) and not (b).

15. Section 8 of the Indian Partnership Act, 1932 provides for

(a) a particular partnership

(b) a general partnership

(c) a partnership at will

(d) all the above.

16. The relation of partnership arises from contract and not from status, has been prescribed under

(a) section 4

(b) section 5

(c) section 6

(d) section 7.

17. Section 7 of the provides for

(a) partnership in undertaking

(b) general partnership

(c) partnership at will

(d) all the above.

18. A partnership firm is

(a) a distinct legal entity from its partners

(b) not a distinct legal entity from its partners

(c) a juristic person

(d) either (a) or (c).

19. For the purposes of income-tax, a partnership firm

(a) can be assessed as an entity distinct and separate from its partners

(b) cannot be assessed as an entity separate and distinct from its partners

(c) can be assessed as an entity distinct and separate from its partners only with the permission of the court

(d) can be assessed as an entity distinct and separate from its partners only if all the partners agree for the same.

20. A partnership cannot be constituted by

(a) two individuals

(b) two Hindu joint families

(c) both (a) and (b)

(d) neither (a) or (b).

21. The historic case laying down the test for determining the existence of a partnership is

(a) Grace v. Smith

(b) Waugh v. Carver

(c) Bloream v. Pell

(d) Cox v. Hickman.

22. The mode of determining the existence of partnership has been laid down in

(a) section 6

(b) section 5

(c) section 9

(d) section 10.

23. Which of the following in itself is not sufficient to constitute a partnership

(a) the sharing of profits by persons having a joint or common interest

(b) the receipt by a person of a share of the profits

(c) the receipt by a person of a payment varying with the profits earned by business

(d) all the above.

24. 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 mental of one firm and the individual members oil another firm

(d) neither (a) nor (b) nor (c).

25. A partnership firm is entitled to enter into a partnership with

(a) another firm

(b) Hindu undivided family

(c) an individual

(d) neither (a) nor (b) nor (c).

26. Mutual agency among the partner is

(a) a test to determine the existence of a partnership

(b) a legal incidence of partnership

(c) both (a) and (b)

(d) neither (a) nor (b).

27. A Hindu undivided family is entitled to enter into an agreement of partnership with

(a) another joint Hindu family

(b) another partnership firm

(c) an individual

(d) neither (a) nor (b) nor (c).

28. Which of the following is a valid partnership

(a) partnership between the Karta of a joint Hindu family in his representative capacity and an individual co-parcener of the same family

(b) partnership between two Hindu joint families

(c) partnership between a Hindu joint family and a partnership firm

(d) all the above.

29. Section 5 of the Indian Partnership Act, 1932 does not apply to

(a) Muslim Trading Family

(b) Christian Trading Family

(c) Burmese Buddhist husband and wife carrying on the business

(d) all the above.

30. Section 5 of the Indian Partnership Act, 1932 does not apply to

(a) Muslim Trading Family

(b) Christian Trading Family

(c) both (a) and (b)

(d) only (a) and not (b).

31. The concept of partnership commensu-rate with

(a) principal and agent

(b) co-owners of property

(c) joint owners of property

(d) all the above.

32. A right to participate in profits, although strong but not a conclusive test of partnership. It was so held in

(a) Tellis v. Saldanha

(b) Cox v. Hickman

(c) Re: Stanton Iron Co.

(d) Grace v. Smith.

33. Which of the following is not an essential requisite for creating a partnership as per section 4

(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.

34. A person who has lent money to a person or firm engaged in a business and has agreed to take a proportion of the profits of the busi­ness in addition to or in lieu of his interest, does not by that reason alone becomes a part­ner, in the business, has been laid down in

(a) Badeley v. Consolidated Bank

(b) Janes v. Whitbread

(c) Marconis Wireless Telegraph Co. v. Newman

(d) Price v. Groom.

35. The Indian Partnership Act, 1932 provides for and recognises

(a) partnerships for a specified and fixed period

(b) partnerships for a specified and fixed venture

(c) both (a) and (b)

(d) only (a) and not (b).

36. A partnership for which no period or duration is fixed, under the Indian Partnership Act, 1932 is known as

(a) general partnership

(b) partnership at will

(c) particular partnership

(d) co-ownership.

37. Under section 7 of the Indian Partnership Act, 1932, partnership at will is subject to

(a) one exception

(b) two exceptions

(c) three exceptions

(d) five exceptions.

38. Which of the following is an exception to the partnership at will, as provided under section 7 of the Indian Partnership Act, 1932

(a) where there is a provision for the duration of the partnership

(b) where there is a provision for determination of the partnership

(c) both (a) and (b)

(d) only (a) and not (b).

39. Where a partnership firm is constituted for a fixed period and after the expiration of that term, the firm continues to carry on business, without any new agreement,

(a) the partnership stands extended till the new agreement is made

(b) the partnership becomes partnership at will

(c) the partnership becomes illegal

(d) the partnership stands dissolved on the date of expiry of the term and no partnership can be said to be in existence.

40. In a partnership at will

(a) a partner of a firm can retire from the firm at any time by giving a notice of his intention to retire to his co-partners

(b) a partner of a firm can dissolve the firm at any time by giving a notice of his intention to dissolve the firm to his co­partners

(c) either (a) or (b)

(d) only (b) and not (a).

41. The test to determine whether the given partnership is a 'partnership at will' and 'whether the partnership could be dissolved by a single partner', has been laid down in

(a) Crawshay v. Maule

(b) Abbot v.Abbot

(c) Cuffe v. Murtagh

(d) Kurumuthu T. Chettiar v. EM. Mutliappa Chettiar.

42. For constituting a partnership within the meaning of section 4 of the Indian Partnership Act, 1932

(a) the business has to be of permanent nature

(b) the business can be of temporary nature

(c) it is immaterial as to whether the business is of temporary or permanent nature

(d) only (a) and not (b).

43. The principles governing partners' mutual relations have been laid down in

(a) Chapter II of the Indian Partnership Act

(b) Chapter III of the Indian Partnership Act

(c) Chapter IV of the Indian Partnership Act

(d) Chapter V of the Indian Partnership Act.

44. General duties of partners have been laid down in

(a) section 9 of the Act

(b) section 10 of the Act

(c) section 11 of the Act

(d) section 13 of the Act.

45. Under section 9 of the Indian Partnership Act, 1932, in doing best for the common body

(a) a partner is regarded as a kind of trustee for the other partners

(b) a partner is liable to render the accounts to other partners in a fiduciary capacity

(c) both (a) and (b)

(d) neither (a) nor (b).

46. Under section 10 of the Indian Partnership Act, every partner is under a duty

(a) to indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm

(b) to render true accounts and full information

(c) not to carry on any business other than that of the firm

(d) to be just and faithful to each other.

47. The rights and duties of partners inter se can be regulated and varied by the consent of the partners by virtue of

(a) section 14 of the Act

(b) section 13 of the Act

(c) section 12 of the Act

(d) section 11 of the Act.

48. Under section 11 of the Indian Partnership Act, 1932, in case of any conflict between the provision of the Act and the articles of the agreement, the articles of the agreement with it, will be

(a) valid

(b) invalid

(c) voidable at the instance of any of the partner

(d) viodable at the instance of a third party.

49. An agreement in restraint of trade in a partnership under section 11 of the Act is

(a) valid

(b) voidable

(c) void

(d) invalid.

50. Section 12 of the Indian Partnership Act, 1932 is

(a) a statement of rights of the partners in reference to the conduct of business

(b) a statement of duties of the partners in the conduct of the business

(c) a mixed statement of rights and duties of partners in reference to the conduct of the business

(d) neither (a) nor (b).

51. Section 12(c) of the Indian Partnership Act provides for a

(a) rule of majority

(b) rule of unanimity

(c) both (a) and (b)

(d) only (a) and not (b).

52. The rule of majority contained in section 12(c) of the Indian Partnership Act, 1932 is applicable in

(a) trivial matters

(b) ordinary matters

(c) fundamental matters

(d) all the above.

53. The rule of unanimity contained in section 12(c) of the Indian Partnership Act, 1932 has a reference to

(a) fundamental matters

(b) ordinary matters

(c) trivial matters

(d) all the above.

54. The rights and duties of a partner contained in section 12 of the Indian Partnership Act, 1932 are

(a) subject to the provision of the Indian Partnership Act, 1932

(b) subject to a contrary arrangement between the partners

(c) subject to the provisions of the Indian Contract Act, 1872

(d) subject to the provisions of the Indian Trusts Act, 1882.

55. An agreement to carry on business in partnership in the future creates a partnership

(a) immediately on the agreement

(b) on the date mentioned in the agreement irrespective of whether the business has commenced or not on that date

(c) only on the date when the business is actually commenced

(d) never creates a partnership and any such agreement is void.

56. Whether a partnership exists or not is a

(a) question of fact

(b) question of law

(c) mixed question of fact and law

(d) either (a) or (c).

57. The maxim 'socii mei socius meu socius non est' means

(a) my partner's partner is not necessarily my partner

(b) my partner's partner is necessarily my partner

(c) the partnership has become illegal

(d) the partnerships stands dissolved by the 'act of God'.

58. The minimum number of persons required for a partnership is

(a) two

(b) five

(c) ten

(d) twenty.

59. The maximum number of partners in a partnership, has been provided under

(a) the Indian Partnership Act, 1932

(b) the Indian Companies Act, 1956

(c) the Indian Contract Act, 1872

(d) the Indian Trusts Act, 1882.

60. Under section 11 of the Indian Companies Act, 1956 for a non-banking business, the minimum number of partners can be

(a) ten

(b) twenty

(c) twenty-five

(d) thirty.

61. For a banking business, the maximum number of partners in a partnership, under section 11 of the Indian Companies Act, 1956, can be

(a) ten

(b) fifteen

(c) twenty

(d) twenty-five.

62. A partnership in which the number of partners exceeds than that allowed under section 11 of the Indian Companies Act, shall be

(a) valid

(b) voidable at the instance of any of the partners

(c) voidable at the instance of third parties

(d) illegal.

63. An illegal partnership

(a) can sue

(b) can be sued

(c) cannot be sued

(d) can sue and be sued.

64. The members of an illegal partnership

(a) have a remedy against each other for the partnership dealings and transactions

(b) have no remedy against each other for the partnership dealings and transactions

(c) have a remedy against each other for the partnership dealings and transaction only with the permission of the court

(d) either (a) or (c).

65. If the partners are equally divided on a issue, the rule is: 'in re comtnuni potior est conditio prohibentis', which means

(a) those who forbid a change must have their way

(b) those who do not forbid i.e., in favour of the change, must have their way

(c) the discussion on the issue be deferred for another day

(d) opinion on the issue be taken from an expert.

66. A partner has a right to have access to all the books of accounts etc., of the firm

(a) during the subsistence of the partnership

(b) during the proceedings for the dissolution of the firm

(c) after the dissolution of the firm

(d) all the above.

67. A partner has a right to examine the account books etc., of the firm

(a) himself

(b) through legal representatives

(c) through agent

(d) either (a) or (b) or (c).

68. A partner can examine the books etc., of the partnership firm

(a) as many number of times without any restriction

(b) once a year

(c) once a month

(d) once a week.

69. Section 13 of the Indian Partnership Act, 1932 is

(a) a mixed statement of rights and duties of the partners

(b) a mixed statement of duties and liabilities of the partners

(c) a mixed statement of rights and liabilities of the partners

(d) a mixed statement of rights, duties and liabilities of the partners.

70. The rate of interest prescribed under section 13, where a partner, advances money beyond the amount of capital, for the business of the partnership, is

(a) six percent

(b) nine percent

(c) twelve percent

(d) fifteen percent.

71. Where a partner is entitled to interest on the capital subscribed, such interest is payable

(a) out of profits only

(b) out of capital if no profits

(c) out of capital if losses

(d) either (a) or (b) or (c).

72. Section 13(a) of the Indian Partnership Act, 1932 provides for

(a) payment of remuneration to a partner as a matter of right

(b) payment of remuneration to a partner only when there is an agreement to that effect between the partners

(c) non-payment of remuneration to a partner only when there is an agreement to that effect between the parties

(d) both (a) and (c).

73. Under section 13(b) of the Indian Partnership Act, 1932 all the partners are entitled to

(a) share the profits and losses in the ratio of their capital contributions

(b) share the profits and losses equally irrespective of any agreement between them to the contrary

(c) share the profits and losses equally in the absence of any agreement to the contrary between them

(d) share the profits and losses in the ratio of their personal efforts input.

74. Where a change occurs in the constitution of a firm and no new agreement is made

(a) the ratio of profit sharing shall become equal for all the partners

(b) the ratio of profit sharing shall remain the same to the extent to which it is consistent with the altered composition of the firm

(c) the ratio of profit sharing shall change in the ratio of capital contributions

(d) the ratio of profit sharing shall change in the ratio of personal efforts/labour input of the partners.

75. As a general rule, by virtue of section 13 of the Indian Partnership Act, 1932

(a) partner is not entitled to interest on the capital subscribed by him I

(b) partner is not entitled to interest on the| advance made over and above the share a. capital

(c) both (a) and (b)

(d) neither (a) nor (b).

76. As regards the capital contribution in the partnership business, the status of a partner is that of

(a) a creditor of the firm

(b) a partner of the firm

(c) an employee of the firm

(d) all the above.

77. The status of a partner, making advances to the firm for its business, over and above the capital subscribed, is that of

(a) a partner of the firm

(b) a creditor of the firm

(c) an employee of the firm

(d) both (a) and (b).

78.On the dissolution of the partnership

(a) the interest on capital ceases run whereas interest of advances keeping running upto the date of payment

(b) the interest on capital and the interest on advances cease to run

(c) the interest on capital keeps running upto the date of payment whereas interest on advances cease to run

(d) the interest on capital as well as on advances keeps running upto the date of payment.

79. Ordinarily, on the overdrawings by the partners from the firm

(a) no interest is chargeable

(b) interest is chargeable @ 6% p.a.

(c) interest is chargeable @ 9% p.a.

(d) interest is chargeable @ 12% p.a.

80. A partner has a right to indemnity for the acts done in

(a) the ordinary & proper conduct of the business

(b) an emergency

(c) both (a) and (b)

(d) only (b) and not (a).

81. The right to indemnity is lost on

(a) the dissolution of the partnership

(b) the death of the partner

(c) the retirement of the partner

(d) neither (a) nor (b) nor (c).

82. Section 13(f) of the Indian Partnership Act, 1932 provides for

(a) indemnity in favour of the partner against the firm

(b) indemnity in favour of the firm against a partner

(c) indemnity in favour of the third parties against the firm

(d) all the above.

83. An action for indemnity against a partner can be brought by

(a) the firm only

(b) an individual partner

(c) either (a) or (b)

(d) neither (a) nor (b).

84. What constitutes the property of the firm has been dealt with in

(a) section 16

(b) section 15

(c) section 14

(d) section 13.

85. Section 14 of the Indian Partnership Act, 1932 is

(a) exhaustive

(b) inclusive

(c) conclusive

(d) both (a) and (c).

86. Under section 14 of the Indian Partnership Act, 1932, the property thrown into the common stock at the commencement of the business

(a) becomes the property of the firm

(b) remains the individual property of the partners in the shares contributed by them

(c) becomes the individual property of the partners in equal shares irrespective of their contributions and profit sharing ratio

(d) either (a) or (c).

87. A property belonging to a partners an entering into a partnership and used for the purposes of partnership

(a) becomes the property of the firm

(b) remains the property of that partner

(c) becomes the property of the partner having highest share of capital contribution

(d) becomes the property of the partners in their profit sharing ratio.

88. All the benefits and liabilities arising out of a contract made on behalf of a partnership do not

(a) belong to the partnership if the contract has been performed before the dissolution of the firm

(b) belong to the partnership if the contract has been performed before the retirement of the firm

(c) belong to the partnership if the contract has been performed after the dissolution of the firm or retirement of a partner

(d) none of the above.

89. The property of the firm includes all property

(a) acquired by or for the firm

(b) for the purpose or in the course of business of the firm

(c) property purchase with money belonging to the firm

(d) all the above.

90. When the property is purchased out of the partnership funds but in the name of an individual partner, it

(a) becomes an estate of the partner

(b) becomes a joint estate

(c) is a question of fact to be determined with reference to the intention of the partners

(d) is a question of law to be decided on legal principles.

91. When the personal property of a partner is being used in the business of the firm, it

(a) is a question of fact to be determined with reference to the partner's intention whether it has become the property of the firm

(b) becomes the joint estate

(c) remains an estate of the partner

(d) is a question of law to be decided on legal principles.

92. Under section 14 of the Indian Partnership Act, 1932, goodwill of the business is

(a) property of the firm

(b) property of the managing partner

(c) property of the partner having the highest share in the profits

(d) property of the partner having the lowest share in the profits.

93. Since the partnership property vests in all the partners and every partner has an interest in the property of the partnership, during the subsistence of partnership

(a) a partner can deal with the property as his own

(b) a partner can deal with a portion of the property upto his share in the partnership,

as his own

(c) a partner can deal with a specific item of the partnership property as his own

(d) a partner cannot deal with any particular property or any portion of the property as his own.

94. In a partnership property, a partner has

(a) something in the nature of personal ownership

(b) only certain rights

(c) both (a) and (b)

(d) either (a) or (b).

95. If a partner chooses to use any assets of the partnership for his own purpose, it gives rise to

(a) a civil liability of that partner

(b) a criminal liability of that partner

(c) both (a) and (b)

(d) either (a) or (b).

96. Where a partner is authorised to recover dues of the partnership & spend the same for the business of the partnership and if he does not deposit the money so collected in the bank the partner is

(a) guilty of criminal breach of trust

(b) accountable civilly to the other

(c) both (a) and (b)

(d) either (a) or (b).

97. Goodwill of the partnership business is the property of the partnership

(a) under section 14

(b) under section 15

(c) under section 16

(d) under section 17(b).

98. The term 'goodwill' is a thing very to describe but very difficult to define, is stated by

(a) Lord Herschell

(b) Lord Haldane

(c) Lord MacNaughten

(d) Lord Eldon.

99. Section 15 of the Indian Partnership Act provides that

(a) the property of the firm shall be held and used by the partners exclusively for the purposes of the business of the firm

(b) the property of the firm can be used by the partners for any of his/their personal use

(c) the property of the firm can be used by the partners for the personal use of all the partners

(d) both (a) and (c).

100. Section 15 of the Indian Partnership Act is a statement of a

(a) right of the partners

(b) duty of the partners

(c) privilege of the partners

(d) liability of the partners.