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Question

Match List - I with List - II and select the correct answer using the code given below :

List - IList - II
(a) Partnership not created by status(i) CST v. K. Kelukutty
(b) Essentials of partnership(ii) Kshetra Mohan v. Commr. of Excess Profit Tax
(c) Joint Hindu Family and partnership(iii) Rakesh Kumar Dinesh Kumar v. U.G. Hotels and Resorts Ltd.
(d) Partnership between outsiders and joint family(iv) Ganpat v. Annaji

The correct answer is
(a)-(iii), (b)-(i), (c)-(iv), (d)-(ii)

Matching Partnership Concepts with Landmark Cases

This question requires matching specific concepts related to partnership law (List - I) with relevant legal case precedents (List - II).

Partnership Concepts Explained

  • (a) Partnership not created by status: This refers to the principle that a partnership arises from a contract between parties, not automatically due to their relationship or status (like birth into a family).
  • (b) Essentials of partnership: These are the fundamental conditions required for a relationship to be considered a partnership, typically involving an agreement, mutual agency, and profit sharing.
  • (c) Joint Hindu Family (JHF) and partnership: This involves understanding the legal distinctions and potential overlaps between a traditional JHF business structure and a partnership firm.
  • (d) Partnership between outsiders and joint family: This concerns the legal implications when individuals outside the Joint Hindu Family business become partners in it, or vice-versa.

Case Law Associations

The correct matching, based on established legal precedents, is as follows:

  • (a) Partnership not created by status is associated with Rakesh Kumar Dinesh Kumar v. U.G. Hotels and Resorts Ltd. (iii). This case highlights the contractual nature of partnership.
  • (b) Essentials of partnership is linked to CST v. K. Kelukutty (i). This case is significant for defining the core elements of a partnership.
  • (c) The distinction between Joint Hindu Family and partnership is discussed in Ganpat v. Annaji (iv).
  • (d) Partnership between outsiders and joint family aligns with Kshetra Mohan v. Commr. of Excess Profit Tax (ii). This case deals with the complexities of such mixed business relationships.

Final Matched Answer

Therefore, the correct matching is:

(a) - (iii)

(b) - (i)

(c) - (iv)

(d) - (ii)

This corresponds to Option 1 in the provided choices.

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Important Questions from Partnership Act, 1932

  1. Which of the following is correct?
    The important provision affecting partnership accounting, in the absence of a partnership deed is:
  2. As per Section 6 of the Indian Partnership Act, 1932, in determining whether a group of persons is or is not a firm, regard shall be had to which of the following?

  3. Atul, Bharat, and Chetan enter into a partnership. Atul invests $₹25,000$ for 6 months, Bharat invests $₹30,000$ for 8 months, and Chetan invests $₹40,000$ for 9 months. If the total profit is $₹37,000$, what is Chetan's share of the profit?
  4. According to Section 12 of the Partnership Act, any difference arising as to ordinary matters connected with the business of partnership may be decided by
  5. Match List - I with List - II and select the correct answer using the code given below :

    List - I (Duties of partners)List - II (Relevant section under the Indian Partnership Act)
    (a) Duty of absolute good faith(i) Section 16 (b)
    (b) Duty not to compete(ii) Sections 12 (b) and 13 (f)
    (c) Duty of due deligence(iii) Section 10
    (d) Duty to indemnify for fraud(iv) Section 9
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