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LLB 3 years Sem 4 Contract II Nov 2014 Question Paper with Solutions

Mumbai University Solved Question Papers

Contract II

Previous Year Question Paper with Solution

LLB 3 years · Sem 4

Nov 2014 Examination

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Mumbai

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First published on munotes.in on 24 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 Nov 2014 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2014 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 3 hours  ·  Total marks 100  ·  25 questions answered

Instructions printed on the paper

  • N.B: (1) Attempt all questions. (2) Figures to the right indicate marks allotted. (3) Give reason / case law 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.

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Q.1

Q.1: Write in two sentences

20 Marks - 2 marks each

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(a)What is 'Public notice' under Indian Partnership Act, 1932?[2]

Answer

Public notice is the formal announcement of a change in a firm, given as section 72 of the Indian Partnership Act, 1932 lays down. Some changes concern a registered firm: a partner's retirement or expulsion, its dissolution, or a minor's election on majority. For these it means notice to the Registrar of Firms under section 63. It also means publication in the Official Gazette and in at least one vernacular newspaper in the district. In other cases, publication in the Gazette and the newspaper is enough.

What it does. It tells the world that a partner has gone or the firm has ended. Until it is given:

  1. a retired or expelled partner stays liable for later acts of the firm (sections 32(3) and 33(2)); and
  2. the partners of a dissolved firm stay liable as partners (section 45(1)).

Who may give it. The retiring partner or any partner of the reconstituted firm (section 32(4)), and on dissolution any partner (section 45(2)).

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Juggilal Kamlapat v. Sew Chand Bagree, AIR 1960 Cal 463. Partners resisted execution of an award, some saying they had retired. The Calcutta High Court contrasted the English decision in Tower Cabinet Co. Ltd. v. Ingram, [1949] 2 KB 397, with section 45 of the Indian Act. Under section 45, partners remain liable to third parties until public notice is given.

So public notice is what ends a departing partner's exposure to the firm's later debts.

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The rest of the answers

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