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Question

A and B entered into an agreement to carry on a business of manufacturing and selling toys. Each one of them contributed Rs. 35 lakhs as their capital with a condition that A and B will share the profits equally, but the loss, if any is to be borne by A alone. Referring to the provisions of the Indian Partnership Act, 1932 decide whether there exists a partnership between A and B.
  1. There is no partnership between A and B
  2. A is sub-partner of B
  3. There is partnership by holding out
  4. There is partnership between A and B. A is partner in profit only

A
A is sub-partner of B
B
There is partnership between A and B. A is partner in profit only
C
There is partnership by holding out
D
There is no partnership between A and B
Solution
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A partnership basically refers to the contract between two or more people who have agreed to carry on certain business in order to achieve common goals. A partner that only shares profit is regarded as a partner in profit and therefore A is a normal partner and B is a partner in profit only.

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