In the case of a libel or slander of a partnership firm

Principle: A defamatory statement is one which has a tendency to injure the reputation of the person to whom it refers to. Defamation is of two kinds-
(1) Libel, when the defamatory statement is in some permanent and visible form and
(2) Slander, when it is in some trasitefy form, visible or audible. Libel is actionable per se, but slander is actionable only on proof of actual damage.
Factual Situation: A person accused of a crime is arrested by the police. The police give an open statement that the suspect had an extra-marital affair. It is subsequently proved in court that the suspect was innocent of the crime. Will the accused succeed if he files a civil suit for defamation, claiming compensation against the police?

A

He will succeed as the statement is defamatory

B

He will not succeed as the police officer is doing his duty in finding a motive for the crime

C

He will not succeed as it was a bonafide allegation made by the police in the course of the investigation

D

He will succeed if he can prove actual damage caused to his professional and/or personal life

Libel is addressed to the eye; slander to the ear.
State which of the following statements are slander

A

Slanderous words are uttered by the characters on the dramatic stage

B

Slanderous words are uttered by the characters on the cinema screen

C

Abuses recorded in the gramaphone disc

D

Both (B) and (C)

A suit of a partnership firm to enforce any type of rights of the partnership firm is not maintainable unless the partnership firm is registered under Section 69 of the Partnership Act before the filing of the suit.

A

An unregistered firm cannot sue for any rights, be they contractual or statutory, unless the partnership firm is first registered

B

Partnership firm can sue for enforcement of its statutory rights even if the partnership firm is not registered

C

A partnership firm can sue for enforcement of its rights provided in the same suit both statutory and contractual rights are claimed together and not only contractual rights

D

Even if a suit is filed for enforcement of a contractual right by an unregistered firm, but such a suit can continue if the partnership firm is got registered during pendency of the suit

The Propositions are:
(1) Where a partner of a professional business partnership borrows money in the usual and regular course of business stating that the money is to be used for partnership business but misappropriates it, the other partners shall be liable.
(2) Where money has been borrowed by a partner without authority, but has been applied to the legitimate business needs of the firm, the firm is liable.
(3) Where the act is within the scope of the implied authority of a partner, but it has been done by him, to the knowledge of the third party, not for the firm but for his own purposes, the firm is liable.
Which of the following is true in accordance with Indian Partnership Act, 1932 as to the aforesaid propositions?

A

(1) is correct, (2) and (3) are incorrect

B

(1) and (2) are correct, (3) is incorrect

C

(1), (2) and (3), all are correct

D

(2) and (3) are correct, (1) is incorrect

E

None of these

A', 'B' and 'C' are partners in a partnership firm named A, B & C. 'A' retires from the firm without giving any public notice. Thereafter, an existing creditor lends Rs. ten lakh to the firm on the basis of his knowledge that 'A', 'B' and 'C' are the three partners in the firm. This amount remains unpaid by the firm. The creditor wants to recover the unpaid loan amount from the firm.

A

No one will be liable for the unpaid loan amount

B

A', 'B' and 'C' will be liable for the unpaid loan amount

C

Only 'B' and 'C' will be liable for the unpaid loan amount

D

Only 'A' will be liable for the unpaid loan amount

Is the statement of law correct: "Implied authority of a partner in a partnership firm exists to selling of all properties of the partnership firm for the purpose of carrying on the business of the partnership firm"?

A

Yes, since a partner is an agent of all other partners, his action to sell any property of the firm for the purposes of running of the business of a firm, is valid and results in transfer of ownership of the property which is transferred

B

No, a partner has no implied authority to transfer any immovable property of the firm under the implied authority doctrine principle as contained in Section 19 (2)(g) of the Indian Partnership Act

C

Yes, under implied authority principle a partner can transfer an immovable property if the disposal of the immovable property of the partnership firm is only by that partner who has put the sole effort to acquire the immovable property of the partnership firm which is transferred/disposed of

D

Though a partner has no implied authority to transfer an immovable property of the partnership firm for the purpose of doing of the business, but such implied authority is granted to a managing partner under Section 22 of the Partnership Act

A, B and C are partners in a firm. C retires and X admitted as a new partner. The firm did not give a public notice on the change but continued its business in its old firm name. Z, a customer of the firm, deals with the firm after the change and the firm becomes indebted to him:

A

Z can sue A, B, C and X

B

Z can sue A, B and C

C

Z can sue either A, B and C, or A, B and X

D

Z can sue A and B only

In which of following cases originator of defamatory statement will be liable for the damage resulting from repetitive publication by third persons? Answer by using below:
(1) He himself authorized repetition
(2) Repetition was the natural and probable consequences of his act
(3) There was immoral obligation on the person in whose presence the slander was made to repeat it
(4) There was moral obligation on the person in whose absence the slander was made to repeat it

A

(1) and (2)

B

(1) and (3)

C

(1) and (4)

D

(2) and (4)

What is the prescribed limitation period, for filing a suit for compensation of libel or slander?

A

One year in both cases

B

Three years in both cases

C

One year for libel, 3 years for slander, or

D

3 years for libel, 1 year for slander

There is difference between the torts of libel and slander. Which of the following is not correct?

A

Libel is a defamatory statement in permanent form and Slander is a defamatory statement in a transient form

B

Libel is actionable per se whereas damage must be proved for slander

C

Libel may be prosecuted as a crime as well as a tort, whereas slander is only a tort

D

Difference between libel and slander is clearer in cases of publication through radio, audio and video

In the case of a libel or slander of a partnership firm

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