Exam Details

Subject
Paper
Exam / Course preliminary
Department
Organization maharashtra public service commission
Position civil judge and judicial magistrate
Exam Date 2011
City, State maharashtra,


Question Paper

1 The words "Socialist and Secular" were added to the Preamble ofthe Constitution by

Forty-first Amendment in 1976

Forty-third Amendment in 1976

Forty-second Amendment in 1976

Forty-fourth Amendment in 1979

2 Which is the Section recently inserted in the Code ofCriminal Procedure, providing Victim Compensation Scheme?

Section 291-A

Section 311-A

Section 357-A

Section 436-A

3 Ifthe court finds that it has no pecuniary or territorial jurisdiction to try the suit, the proper order will be

To suo-moto transfer the suit to the court having jurisdiction

To dismiss the suit

To return the plaint

To return the plaint for presentation in proper court

4 Specific performance of a contract cannot be enforced in favour of a person

Who would not be entitled to recover compensation for its breach

Who has become incapable ofperforming or violates any essential term ofthe contract that on his part remains to be performed

Who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms ofcontract which are to be performed by him

All above

5 Which of the following is not the ground of eviction under Section 16 of The Maharashtra Rent Control Act, 1999?

Erection ofany permanent structure on tenanted premises by tenant without written consent ofthe landlord

Unlawful sub-letting

Acquisition of suitable alternative residence by the tenant

Bonafide requirement of the landlord

6 dies in possession of a diamond ring and a gold chain. His servant before the said ring and gold chaincome intopossessionofany personentitled to suchpossession, dishonestly misappropriates the same. has committed an offence

Under Section 420 of Indian Penal Code

Under Section 379 of Indian Penal Code

Under Section 404 of Indian Penal Code

Under Section 409 of Indian Penal Code p.T.a. A 4 CBO

7 under Section 54 of the Transfer of Property Act is a transfer ofownership in exchange for

Price paid

Price promised

Price-partly paid and partly promised

All above

8 In which of the following circumstance the plaintiff shall not get the benefit as provided under Section 14 ofthe Limitation Act?

Where the another civil proceeding is disposed of after adjudication on merits by the competent court

Where the another civil proceeding is disposed offor want ofjurisdiction to the said court

Where the another civil proceeding was diligently prosecuted by the plaintiffin good faith in a court having no jurisdiction to try the said matter

None above

9 Which Section in the Evidence Act confers power on the trial court to put any question to any witness?

Section 166

Section 167

Section 165

Section 163

10 Which ofthe following act will not amount to within the meaning ofSection 17 of The Indian Contract Act?

The active concealment of a fact by one having knowledge or beliefof the fact

A promise made without any intention ofperforming it

The suggestion, as a fact, ofthat which is true, by one who does believe it to be true

None above

11 Untouchability is abolished and its practice in any form is forbidden under

Article 14 ofthe Constitution

Article 16 ofthe Constitution

Article 17 of the Constitution

Article 19 of the Constitution

12 Orderofdisposalofpropertyatconclusionoftrialispassedunder

Section 451 of Cr.P.C.

Section 452 of Cr.P.C.

Section 457 ofCr.P.C.

Section 458 ofCr.P.C.

13 As provided under Order-8 Rule-l of Code of Civil Procedure, the defendant shall present a written statement ofhis defence within

One month from the date of service ofsummons on him

Thirty days from the date ofissuance ofsummons

Thirty days from the date ofservice of summons on him

Sixty days from the date of service ofsummons on him caD 5 A

14 Mandatory injunctions under Section 39 ofSpecific ReliefAct can be granted To prevent the breach complained of To compel performance ofthe requisite acts Both and above None above

15 As provided under Section 36 of the Maharashtra Rent Control Act, 1999, in respect of proceedings which are not bonafide or are false, frivolous or vexatious, the court may order the plaintiffto pay compensation to the defendant, not exceeding Rs. Rs.2,0001-(3) Rs.5,0001-(4) Rs.3,0001­

16 A beat B with an iron rod on his head and caused B a fracture injury. A committed an offence punishable under

Section 324 of Indian Penal Code

Section 326 of Indian Penal Code

Section 325 of Indian Penal Code

Section 323 of Indian Penal Code

17 gives Rs. 50,0001-to on condition that he shall marry daughter At the date ofthe transfer was dead. Such transfer

Valid transfer

Void transfer

Voidable transfer

Fraudulent transfer

18 For filing the suit for declaration that the property in possession of'Mutawalli' is a Wakfproperty, the period oflimitation will be

Twelve years

No limitation

Three years

Thirty years

19 To prove the case of the burden lies on

The prosecution

The complainant

The witness

The accused

20 The unpaid seller may exercise his right of stoppage in transit

By taking actual possession ofthe goods

By giving notice ofhis claim to the carrier or other bailee in whose possession the goods are

By and both

By none above P.T.O. A 6 ceo

21 In which case the Supreme Court held that "Objectives in the Preamble of the Constitution is its basic structure and it cannot be amended under its Article 368"

Maneka Gandhi vis Union of India

Indira Nehru Gandhi vis Raj Narain

Keshavananda Bharati vis State of Kerala

Golak Nath vis State of Punjab

22 Who among the following cannot claim the maintenance under Section 125 of the Code of Criminal Procedure?

Illegitimate minor daughter from her father

Destitute wife from her husband

Major son from his father

Disabled parents from their son

23 Notice under Section 80 of the Code of Civil Procedure is mandatory when

The suit is against a Co-operative Society

The suit is against the Government

The suit is against Gram Panchayat

The suit is against Municipal Corporation

24 Limitation to file suit for recovery ofspecific immovable property under Section 6 of Specific ReliefAct is

Three years

Six months

Twelve years

One year

25 Time limit for ideal disposal of a suit under the provisions of Maharashtra Rent Control Act is

Within the period of twelve months from the date of service ofsummons

Within the period of six months from the date of service ofsummons

Within three years from the date ofinstitution

No limitation

26 Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation, without her consent, shall

Not be liable for any punishment

Be punished with imprisonment ofeither description for a term which may extend to two years and shall also be liable to fine

Be punished with imprisonment ofeither description for a term which may extend to three years

Be punished with simple imprisonment which may extend to one year and shall also be liable to fine caD 7 A

27 The expression 'living person' used in Section 5 of The Transfer of Property Act, 1882 includes

A company

An association

Incorporated body of individuals

All above

28 Forfiling an application for an order to set aside an abatement, the period oflimitation from the date ofabatement is

30 days

90 days

10 days

60 days

29 To raise a presumption under Section 108 of the Evidence Act as to the death of a person, it must be proved that the person concern has not been heard of for the period of

3 years

7 years

10 years

20 years

30 'Property' under Section ofthe Sale of Goods Act, 1930 means

The general property in goods

Merely a special property in goods

Mercantile element in goods

Quality element in goods

31 Out of the following which is not the correct statement regarding 'retirement of a partner'

A partner may retire with the consent of all other partners

A partner may retire in accordance with an express agreement by the partners

A partner may retire with the consent of any other partner

Where the partnership is at will, a partner may retire, by giving notice in writing to all the other partners of his intention to retire

32 Which of the following is not a 'Public Document' within the meaning of Evidence Act?

Decree passed in a civil suit

Caste certificate issued by the competent authority

7/12 extract

Injury certificate issued by a Medical Practitioner

33 Expression -"time requisite" used in Section 12 of the Limitation Act means

Time absolutely necessary

Minimum time

Actual time consumed

Thirty days P.T.O. • A 8 ceo

34 under Section 54 of the Transfer of Property Act is a transfer ofownership in exchange for

price paid

price promised

price-partly paid and partly promised

all above

35 Which ofthe following act will not fall in general exceptions provided under Chapter IV of Indian Penal Code

Act likely to cause harm but done without criminal intent and prevent other harm

Accident in doing a lawful act

Act of the child aged 14 years

Act done by a person justified, or by mistake offact believing himselfjustified, bylaw

36 Section 24 ofthe Maharashtra Rent ControlAct, 1999 entitles the landlord to recover possession of premises given on licence on expiry of the period of licence. For the purpose of the said Section who among the following is included in the expression 'landlord'

tenant who has given premises on license

sub-tenant who has given premises on license

the successor in interest, who becomes the landlord ofthe premises as a result of death of such landlord

none above

37 Under which ofthe following circumstances a court can grant perpetual injunction?

To prevent multiplicity ofjudicial proceedings

When compensation in money would not afford adequate relief

No standard for ascertaining actual damage exists

All above

38 Which ofthe following is not the requirement for stay ofsuit under Section 10 ofthe Code of Civil Procedure?

That parties to both the suits must be the same

That the matter in issue in the second suit must be directly and substantially in issue in prior suit

That prior suit must be pending in the same court or in any court in India, having jurisdiction to grant the relief claimed

That where the previously instituted suit is pending, such court is ofcompetent jurisdiction to grant the reliefclaimed in subsequent suit ceo 9 A

39 Conditional order for removal of nuisance under Section 133 of Code of Criminal Procedure are to be passed by

ChiefJudicial Magistrate

Additional Sessions Judge

District Magistrate or Sub-divisional Magistrate

Judicial Magistrate First Class

40 Which Article ofthe Constitution provides for the formation of new states?

Article 3

Article 39

Article 2

Article 13

41 'Double Jeopardy' means

No person shall be convicted ofany offence except for violation oflaw

No person accused of any offence shall be compelled to be a witness against himself

No person shall be prosecuted and punished for the same offence more than once

No person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time ofcommission ofoffence

42 The period of limitation shall be six months for taking cognizance of the offence, if the said offence is

Punishable with fine only

Punishable with imprisonment for a term not exceeding six months

Punishable with imprisonment for a term not exceeding one year

Punishable with imprisonment for a term not exceeding one month

43 In the case ofa public nuisance a suit under Section 91 ofthe Code ofCivil Procedure for a declaration and injunction may be instituted by

A person aggrieved

A person to whom special damage has been caused by reason of such public nUIsance

With the leave of the court oftwo or more persons, eventhough no special damage has been caused to such persons

Two or more persons to whom special damage has been caused by reason ofsuch public nuisance

44 As per Section 34 of the Specific Relief Act 1963 no court shall make any such declaration in a case where

Plaintiffis entitled to any legal character

Plaintiffis entitled to any right as to any property

Plaintiffbeing able to seek further relief than a mere declaration oftitle, omits to do so

None above P.T.O. A 10 cao

45 To which premises, out of the premises mentioned here in below the provisions of Maharashtra Rent Control Act, 1999 shall apply?

The premises let out to the Government

The premises let out to a Private Limited Company having a paid up share capital ofRs. 250 lakhs

The premises let out to Union Bank ofIndia

None above

46 Section 304·A of Indian Penal Code pertains to

Dowry death

Abatement of suicide

Causing death by negligence

Culpable homicide not amounting to murder

47 Which of the following is the example of'Valid Conditional Transfer'

A lets a farm to B on condition that he shall walk a hundred miles in an hour

transfers Rs. 500/· to on condition that she shall murder

transfers Rs. 500/-to his niece, if she will desert her husband

A transfers Rs. 500/· to B on condition that he shall execute a certain lease within three months after death

48 Suit for compensation for malicious prosecution is to be filed from the date when the plaintiffis acquitted or the prosecution is otherwise terminated within

Three years

Two years

One year

Twelve years

49 MandatoryrequirementofSection27 oftheIndianEvidenceActis that

The accused must be in police custody

The accused must be in judicial custody

The accused must be on bail

The accused must plead guilty first

50 Dissolution ofa firm means

Thedissolution ofpartnershipbetweensomeofthepartnersofafirm

The dissolution ofpartnership between two or more partners ofa firm

Thedissolutionofpartnershipbetweenallthepartnersofthefirm

All above I ceo 11 A

51 A dormant is that partner

Who has taken part in the conduct ofthe business as partner and is not liable for the act ofthe firm

Who has never taken part in the conduct of the business as a partner and is not liable for the act of the firm

Who has never taken part in the conduct of the business as a partner but is liable for the act ofthe firm

Who, due to his special status, has nothing to do with the loss of the business and is entitled to the profit only

52 Which of the following will be an inadmissible dying declaration?

Oral dying declaration

Dying declaration recorded on the basis of nods and gestures

Dying declaration by signs and gestures

None above

53 Select correct one of the following

Any appeal filed after the prescribed period of limitation shall not be admitted

Any suit filed after the prescribed period oflimitation shall be admitted if sufficient cause for delay is shown

No suit shall be admitted after the prescribed period oflimitation

Application filed after the prescribed period oflimitation shall not be admitted even ifsufficient cause for delay is shown

54 Where the mortgager binds himself to repay mortgage money on a certain date and transfer the mortgaged property to the mortgagee, but subject to retransfer it to mortgager upon ofthe mortgage money, is called

Simple mortgage

Anomalous mortgage

English mortgage

Mortgage by conditional sale

55 For 'Criminal conspiracy', minimum number ofpersons required is Two Five Three Ten

56 As per the mandate of Section 34 of the Maharashtra Rent Control Act, 1999 every appeal shall be made within 30 days 60 days 90 days 180 days p.T.a. A 12 ceo

57 Point out On which of the following ground the court shall not refuse the decree of specific performance.

In a contract, where plaintiff has been given an unfair advantage over the defendant

In a case where the contract is not enforceable at the instance ofthe other party

Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance

Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff

58 Sale of immovable property in execution of decree cannot be ordered by

Civil Judge Junior Division

Civil Judge Senior Division

Court of Small Causes

Joint Civil Judge Senior Division

59 As per Section 197-A of Code of Criminal Procedure, applicable in State of Maharashtra, no court shall take cognizance ofany offence against the Commissioner or receiver appointed by a court under the provisions of Code of Civil Procedure, except the previous sanction of

The High Court of Judicature at Bombay

Law and Judiciary Department ofState ofMaharashtra

Director General ofProsecution

The court which appointed such person as Commissioner or receiver as the case maybe

60 The process which empowers Lok Sabha to draw funds in advance, pending the completion ofbudgetary process

Appropriation bill

Vote-on-account

Finance bill

Ordinance

61 When a writ is issued to an inferior court or tribunal on ground of exceeding the jurisdiction or acting contrary to the rules of natural justice, it is called a writ of

Certiorari

Mandamus

Quo Warranto

Habeas Corpus

62 Section311-A ofCodeofCriminalProcedureempowers theMagistrateofFirstClassto

Summon material witness

Postpone or adjourn proceedings

Order person to give specimen signatures

Visit and inspect any place in which an offence is alleged to have been committed ceo 13 A

63 Decree will be null and void, if

Passed ignoring certain provisions oflaw

There is inherent lack ofjurisdiction to the court passing decree

Passed ex-parte

Passed in favour ofdeceased plaintiffwithout an objection being raised by the defendant

64 A suit filed by for a declaration that a one year old boy allegedly born to the defendant wife was not his son.

The suit is competent and maintainable under Section 34 ofthe Specific Relief Act 1963

Suit is not competent and maintainable under Section 34 ofthe Specific Relief Act 1963

ThesuitisexpresslybarredunderSection14oftheSpecificReliefAct,1963

The suit is expressly barred under Section 38 ofthe Specific ReliefAct 1963

65 Under which Section of the Maharashtra Rent Control Act the members of armed forces ofthe union, scientists or their successor-in-interest can recover possession of premises required for their occupation?

Section 23

Section 16

Section 24

Section 15

66 Who among the following is not a 'Public Servant' within the meaning ofSection 21 of Indian Penal Code

Municipal Commissioner

Municipal Councillor

Manager of Nationalized Bank

Commissioned Officer in Military

67 Read the following propositions. Find out which one is incorrect.

In a sale, there is an absolute transfer of all rights in the property sold and no rights are left in the transferor

In a lease, there is a partial transfer or demise and the rights left in the transferor are called reversion

A gift comprising both existing and future property is void as to the latter

Acceptance is not the pivotal requirement to constitute a valid gift

68 For filing a suit to enforce payment of money secured by a mortgage or otherwise charged upon immovable property the period oflimitation prescribed is

12 years when the money sued for becomes due

3 years when the money sued for becomes due

30 years when the money sued for becomes due

20 years when the money sued for becomes due p.T.a. A 14 ceo

69 Read the following facts: Point out ofwhich one the court may not take judicial notice.

That Mahatma Gandhi was killed on 30th January 1948

That riots took place after his death

That several persons were killed in the said riots

That Girish and his friend Shirish lost their lives in the said riots

70 A 'Contingent contract' is a contract

To do something, ifsome event, collateral to such contract, does happen

To do something, ifsome event, does happen

To do or not to do something, if some event, collateral to such contract, does or does not happen

Not to do something, ifsome event, collateral to such contract, does or does not happen

71 Which ofthe following proposition is not correct?

It is not practicable for a court oflaw to force the likings of the parties to enter into wedlock and therefore, contracts for betrothal and marriage, cannot be enforced in specie

A contract to take a loan cannot be specifically enforced, because compensation can afford adequate relief

A contract which is dependent on the personal qualifications or volition ofthe parties can be specifically enforced

A contract by a guardian to purchase immovable property on behalf of a minor can be specifically enforced, provided there is competency of the guardian and legal necessity

72 The Latin expression "Ubi jus ibi remedium" means

Where the sufferer is willing no injury is done

Everyone must so use his own property as not to do damage to another

There is no wrong without a remedy

Where both parties are equally to blame, neither can hold the other liable

73 Oralagreementofsale andnotimefixedfortheperformanceoftheagreement.Vendor sold the plots to third parties. Firstly on secondly on thirdly on 3-12-72andlastlyon29-12-73. Periodoflimitationforthe suitfor specificperformance ofcontract will start from

26-7-72

1-9-72

3-12-72

29-12-73 caD 15 A

74 InviewofSection105 oftheTransferofPropertyActaleaseofimmovableproperty is a transfer

A right to enjoy such property in consideration ofa price paid or promised or of money, a share ofcrops, service or any other thing ofvalue

An interest in specific immovable property for securing the payment of money advanced

Ownershipinconsiderationofprice paidorpromised

Certain immovable property, made voluntarily and without consideration

75 Property is designated as 'stolen property', ifits possession has been transferred by

Theft or extortion or robbery

Criminal misappropriation

Criminal breach oftrust

All above

76 Whichofthefollowingisnotincludedinessentialsupplyorservices asenumerated in Section 29 of the Maharashtra Rent Control Act, 1999

Lights in passages

Fire extinguishing services

Conservancy services

Lifts

77 is the wife They are Hindu by religion. Their marriage was solemnized prior to 1990. files a suit for grant of injunction against her husband in the year 2003, restraining from marrying a second wife. ex's suit for such injunction is

Hopelessly barred by limitation and is liable to be dismissed with costs

Maintainable, as it is for prevention ofbreach of an obligation existing in her favour

Liable to be dealt under Order 7 Rule 11 of Code of Civil Procedure

Barred under the provisions of Hindu Marriage Act, 1955

78 Second appeal under Section 100 of Code of Civil Procedure lies

On question offacts

On substantial questions oflaw

On mixed question oflaw and fact

All the above p.T.a. A 16 caD

79 Compensation for accusation without reasonable cause can be awarded by the Magistrate

Under Section 357 ofCr. P.C.

Under Section 250 ofCr.P.C.

Under Section 167 ofCr.P.C.

Under Section 436-A ofCr.P.C.

80 Article 39-A ofthe Constitution pertains to

Equality before law

Equality of opportunity in matters ofpublic employment

Equal justice and free legal aid

Right of minorities to establish and administer educational institutions

81 Which Article of our Constitution provides the right to freedom of speech and expression to the citizens ofIndia

Article 18

Article 19

Article 17

Article 20

82 Every offence shall ordinarily be enquired into and tried by the court

Within whose local jurisdiction the complainant resides

Within whose local jurisdiction the said offence was committed

Within whose local jurisdiction the accused ordinarily resides

Within whose local jurisdiction witnesses to the said offence reside

83 To set aside the decree passed ex-parte, where the summons was duly served, the period oflimitation is

Ten days from the date ofdecree

Thirty days from the date ofdecree

Sixty days from the date of decree

Ninety days from the date of decree

84 Under Section 21 ofthe Specific ReliefAct: The Court

Shall not award any compensation to the plaintiff

Shall as ofrule award compensation in each and every suit

Shall not award compensation unless the plaintiffhas claimed it in his plaint

May award compensation to the plaintiffeven ifit is not claimed by him CBO 17 A

85 When the landlord can recover possession in case ofa service tenancy created under Section 22

of the Maharashtra Rent Control Act? Ifa tenant is convicted in a criminal case by a competent court

Ifa departmental inquiry is initiated against a tenant on serious charges like theft, misappropriation etc.

Ifa tenant ceases to be the member of the recognized trade union in the establishment

Ifthe tenant ceases to be in the service or employment of the said landlord

86 To constitute the offence of kidnapping from lawful guardianship the age of the kidnapped minor must be

Under eighteen years of age if a male or under sixteen years of age if a female

Under sixteen years of age if a male or under eighteen years of age if a female

Not more than twenty-one years ifa female or not more than eighteen years if a male

Under twenty one years of age may be a male or female

87 As per Section 122 ofthe 'Transfer ofProperty Act' "Gift" means

The transfer of certain existing movable property made by donor to donce

The transfer ofcertain existing immovable property made by donor to the donee

The transfer ofproperty by donor to donee on certain consideration

The transfer ofcertain existing movable or immovable property made voluntarily and without consideration by one person, called the donor, to another, called the donee and accepted by or on behalf ofthe donee

88 As provided under Section 25 of the Limitation Act, 1963, the easement rights over the property belonging to the Government are acquired by continuous and uninterrupted user if such right is peaceably and openly enjoyed for a period of

Twelve years

Twenty years

Three years

Thirty years

89 'Examination-in-chief'means

The examination of a witness by adverse party

The examination of a witness by the party who calls him

The examination of a witness, subsequent to the cross-examination by the party who called him

The examination ofa first witness P.T.O. A 18 CBO

90 Where a person lawfully does anything for another person or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof

The latter is not bound to mako compensation to the former

The latter is bound to make compensation to the former

The former is forbidden to accept compensation from the latter

The latter if a Government is not bound to make compensation to the former

91 Presumption under Section 113-A of Indian Evidence Act pertains to

Dowry death

Custodial death

Abatement of suicide by a married woman

Absence of consent in certain prosecutions for rape

92 The period oflimitation for filing an application for the restoration ofthe suit is

30 days

60 days

90 days

One month

93 Which ofthe following act will not amount to as defined under Section 378 of the Penal Code?

A cuts down a tree on ground, with the intention of dishonestly taking the tree out ofB's possession without consent

A being servant and entrusted by B with the care ofB's computer, dishonestly runs away with said computer, without consent

A going on a journey, entrusts his computer to the keeper ofthe warehouse, till A shall return. D carries the computer to a computer shopee and sales it

A finds a gold ring belonging to B on a table in the house of A removes the said ring dishonestly

94 As provided under Section 32 of the Maharashtra Rent Control Act, the rent shall be recovered according to

Local usage

British calendar

Hindu almanac

Any other calendar acceptable to the landlord and the tenant

95 Read the following statements and point out which one is incorrect.

Injunction cannot be granted to restrain any person from applying to any legislative body

Injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in criminal court

Injunction cannot be granted to prevent the breach of a contract the performance ofwhich would not be specifically enforced

Injunction cannot be granted when the plaintiffhas personal interest in the matter CBO 19 A

96 Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served

By affixing the same on the notice board of the Municipal Council of Gram­Panchayat as the case may be

By leaving one of the duplicates of the same for him with some adult male member ofhis family residing with him, and the person with whom the summons is so left shall, ifso required by the summoning officer, sign a receipt therefore on the back of the other duplicate

By affixing the same on the conspicious place of his house

By serving the same on the servant ofthe person summoned and obtain from him the acknowledgement thereofon the back ofthe duplicate

97 Confession recorded by a Magistrate on oath is

Admissible

Inadmissible

Admissible only to the extent of corroboration to the other evidence on record

Admissible ifcorroborated by other evidence on record

98 Which Article of the Constitution says that the law declared by the Supreme Court shall be binding on all courts within the territory ofIndia?

Article 141

Article 139-A

Article 140

Article 142

99 Ifan innocent partner seeks dissolution of a firm under Section of the Indian Partnership Act, he has to satisfy the court that

The conduct of the partner in question is calculated to prejudice the carrying on of the partnership business

The partnership firm is not in a position to repay the loan borrowed from a Nationalized Bank

The partnership firm has not gained any profit in past three years

There are no future prospects to the business of the firm

100 Under the provisions of Code of Civil Procedure, no second appeal lies in a suit for recovery of money not exceeding

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