University of Delhi 2009 L.LB General Ll.biii lb - 3031 - Question Paper
[This question paper contains 6 printed pages.]
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III Term Paper LB-3031 BUSINESS ASSOCIATION - I
Time: 3 Hours Maximum Marks : 100
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(Write your Roll No. on the top immediately on receipt of this question paper.)
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Note Answers may be written either in English or in Hindi; but the same medium should be used throughout the paper.
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Attempt five questions including Q. No. 1 which is compulsory.
All questions carry equal marks.
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J Attempt briefly any four of the following and discuss k case law wherever necessary.
(jlDistingiiish between partnership and Co-ownership. J>) Rights of an outgoing partner to carry on any competing business.
(c) Property thrown into the common stock of the K firm.
A partner shall not carry any other business than that of the firm while he is a partner. .
(e) How does a Limited Liability Partnership differ from a Company ?
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What factors led to the passing of the Limited Liability Partnership Act of 2008 ? Briefly discuss the salient provisions of the Act.
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y (afi/'Partnership involves a contract between the \ partners to engage in a business with a view of sharing profits. Discuss.
QjV'A entered into an agreement with B to appoint B las his agent to look after his business. B would apply the whole or such part of his time and attention to the business as may be required for conducting the same. He would be paid a salary of Rs. 4000/- p.m. It was further provided that B would receive 1 /6th of the share of profits but will not participate further in the profits. Does the agreement constitute a partnership between A&B? Discuss.
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Discuss the rights and duties of partner towards each other as laid down in the Indian Partnership Act, 1932.
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M, a minor, was getting a share of the profits of a business commenced by A & B in partnership. The firm was dissolved before M attained majority.
a creditor of the firm, filed a suit against A, B
& M, after M had attained majority, for an amount due to him from the erstwhile firm. Discuss the liability of A, B & M;
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Examine the scope of'the doctrine of Holding out as provided in Section 28 of the Indian Partnership Act, 1932. A 0) (Ux 1
A firm consisting of two partners A & B has retained by C to buy and sell cloth for him on ommission. C left some money with the said firm for that purpose. A, the active partner of the firm rendered false account of the sale and purchase to C and misappropriated the money. Is the firm liable ?
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(a) Can a suit for dissolution of a firm be brought by a person who is not a partner in the firm on any of the grounds laid down under Section 44 of the Indian Partnership Act, 1932 ?
(b) Under what circumstances just and equitable ground be involved for the dissolution of the firm.
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What are the effects of non-registration of partnership , firm? Whether a suit filed by an unregistered firm gets validity on registration during the pendency of the suit. Dis
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8. (a) What are the essentials of Ratification and what is its effect ?
(b) X h@lds a lease from Y, terminable on 2 months notice, Z an unauthorised person gives notice of termination to X and requires him to deliver the leasehold land to Y, failing which damages will be claimed.
Y wants to satisfy the act of Z, since X failed to deliver the leasehold land to Y after notice of termination of lease. Discuss.
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