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MCQs · Q1

Q.Under Section 4 of the Indian Partnership Act, 1932, 'Partnership' is best defined as:
(A) A separate legal entity formed by two or more persons for carrying on business
(B) 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
(C) An agreement between two or more persons to jointly own property without carrying on any business
(D) A body corporate registered under the Companies Act, 2013

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Why (B) is correct: Section 4 defines partnership word-for-word 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.' This captures the three essential ideas: an agreement, profit-sharing, and mutual agency (business carried on by all or any of them, acting for all).

Why the distractors are wrong:

  • (A) wrongly calls partnership a separate legal entity — a partnership firm under this Act has no separate legal personality distinct from its partners (see the Legal Status sub-topic).
  • (C) describes mere co-ownership of property, which is not partnership at all unless a business is actually carried on with that property.
  • (D) describes a company, an entirely different, separately incorporated legal form.
✓Final answer

(B)

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