Mumbai University Solved Question Papers
Contract II
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 8
Oct 2026 - ATKT 60/40 Examination
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BLS LLB 5 Years Sem 8 Contract II Oct 2026 - ATKT 60/40 Question Paper with Solutions
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First published on munotes.in on 28 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Oct 2026 - ATKT 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 2026 - ATKT 60/40 examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Oct 2026 - ATKT 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 2 hours · Total marks 60 · 22 questions answered
Instructions printed on the paper
- N.B: 1. All Questions are Compulsory. 2. Figures to the right indicate full marks. 3. Give case-law/reasons wherever necessary.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer any six in two sentences each
12 Marks - 2 marks each
(a)State the basis for the formation of a partnership under the Indian Partnership Act, 1932[2]
Answer
Under the Indian Partnership Act, 1932 a partnership is formed by an agreement, that is by contract. Section 5 says "the relation of partnership arises from contract and not from status".
What the contract must contain. Section 4 defines partnership as "the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all". So the agreement must show three things:
- an agreement between two or more persons;
- to carry on a business and share its profits; and
- the business must be carried on by all of them, or by any of them acting for all. This is mutual agency.
Status is not enough. Members of a Hindu undivided family carrying on a family business are not partners, because their relation comes from birth, not from contract (section 5). The same section says so of a Burmese Buddhist husband and wife carrying on business as such.
The agreement may be oral or written, and may be inferred from conduct. In K. D. Kamath & Co. v. Commissioner of Income-tax (1972) 1 SCR 1034 a deed left all management to one partner. The Supreme Court held it was still a partnership, because the profit-sharing agreement and mutual agency were present. Section 6 adds that the real relation of the parties decides whether there is a partnership.
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