UPSC Mains Law Paper Topic : Formation &
Dissolution of Partnership
- Can an outgoing partner claim a share in the profits of the firm? If yes, under what circumstances? (93/II/2a/30)
- A, B and C were partners of a firm in which A was a dormant partner. He retired from the partnership without given public notice and his place was taken by D. Subsequently E becomes a creditor of the firm. Can E proceed to recover his debt from A, B, C and D? (93/II/2b/30)
- Are there any exceptions in the partnership law to the rule that contracts in restraint of trade are void? (93/II/1c/20)
- Examine the situations in which law of fiction shall apply in partnership relations. Refer to the relevant provisions of the Partnership Act and case-law. (94/II/7a/30)
- In a partnership where no contract exists, how would the partners distribute the assets after dissolution and how would they charge interest on 79 (Main) Law—Topic Wise Paper capital and loan? (94/II/5c/20)
- A and Sons, a partnership firm, manufactures certain articles under a trade name. B gives to his own products a similar name to pass them off as a product of the said firm . The firm files a suit against B and claims injunction against using the name. B pleads that the firm being non-registered the suit is not maintainable. Decide.(94/II/7b/30)
- “Any change in the relations of the partners will result in the reconstitution of the firm.” Examine. (95/II/5c/20)
- Examine the circumstances under which a firm may be dissolved on just and equitable grounds. Refer to various judicial pronouncements in this regard. (96/II/7a/30)
- Discuss the law relating to contribution and indemnity between partners. Also discuss as to what happens in case one of the partners in unable to contribute. (97/II/7a/30)
- A managing partner of a partnership firm asks for your legal advice on why or why not the firm be registered. Give your opinion with reasons. (98/II/6a/30)
- What forms the acid test for a partnership firm? Explain with illustrations. (98/II/6b/30)
- Explain the circumstances under which a partnership firm is said to be reconstituted. (00/II/7a/30)
- Distinguish between partnership by estoppel and partnership by holding out. Discuss the chief ingredients of Section 28 of the Indian Partnership Act. (01/II/7a/30)
- There is a possibility that a minor admitted to the benefit of partnership may not know long after his attaining majority that he is admitted to the benefits of partnership. Hence the principle of equity may adversely affect the interest of the minor. Critically examine the statements and justify with reasons. (02/II/6b/30)
- What is meant by “Reconstitution of a firm”? In what circumstances can a partnership firm be reconstituted? Refer to the relevant statutory provisions and the decided cases in your answer. (03/II/8a/30)
- Discuss the consequences of non- registration of partnership firm. (04/II/7b/30)
- “In determining whether a group of persons is or is not a firm, or whether a person is or is not ‘ a partner in a firm, regard shall be had to the real relations between the parties as shown by all the relevant facts taken together.” Do you agree with this statement? Give reasons. (04/II/ 5d/ 20)
- 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 the other partners for damages for wrongful expulsion and declaration that he continues to be a member of the firm? What remedies if any are open to A? (05/II/6b/30)
- “The Indian Partnership Act has effectively ensured the registration of firms without making it compulsory”. Comment. (05/II/6a/30)
- There are two partners in a firm. One of them dies. Will it result in dissolution of the firm? (06/II/7b(ii)/15)
- “Though a minor cannot be a partner in a firm, but he may be ad mitted to the benefits of the partnership.” Explain the rights and liabilities of a minor in the light of this (Main) Law—Topic Wise Paper 80 statement. (06/II/7b(i)/15)
- “Sharing of profits is not a conclusive evidence of the existence of partnership firm.” Discuss and describe the essential elements to constitute a partnership firm. (07/II/7a/30)
- Under what circumstances a partnership firm may be dissolved by the intervention of the court? (07/II/6b/30)
- “The effects of non-registration of partnership firm are so fatal that ordinarily the firms are registered.” Explain with the help of legal provisions and decided cases. (08/II/6a/30)
- As an agreement is an essential ingredient in a Partnership, it follows that a minor cannot enter into an agreement of Partnership’. Critically examine this statement and discuss the circumstances under which the Indian Partnership Act permits a minor to participate in the benefit of partnership. (09/II/7a/30)
- Mere cessation of trading does not result in dissolution of a partnership. Rights and liabilities need to be settled between the partners. Explain. (10/II/5d/15)
