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JUNE 2024Foundation

Question 5

Sub-questions (3)

question_5a7 MarksProblem Solving

PTC Hotels in Bombay decided to sell their furniture by auction sale. For this purpose, they appointed RN & Associates as auctioneer. They invited top ten renowned Architects in Bombay for bidding. A right to bid was not notified by them. Furniture was put up in lots for sale. It was decided that for every lot of furniture there will be a reserve price. On 25th Feb 2024, Auction sale was started at 10.am in the lawn of PTC Hotels Bombay. For a special lot of furniture three parties came for bidding Mr. Neel, Mr. Raj and Mr. Dev on behalf of their respective companies. Bidding was as follows: Mr. Neel ₹5.70 lakh Mr. Raj ₹4.85 lakh Mr. Dev ₹6.10 lakh The sale was completed in favour of Mr. Neel by RN & Associates by fall of hammer. Mr. Dev's Bid was rejected on ground that Right to bid was reserved and company of Mr. Dev was not invited to bid. For another bid of Italian Furniture was made by two parties as follows: Mr. Dheer ₹15 lakh Mr. Madhu (on behalf of R N & Associates) ₹15.20 lakh Sale was completed in favour of Mr. Dheer instead of Mr. Madhu. Mr. Dev and Mr. Madhu argued that auction sale was not lawful. Give your opinion with reference to provisions of the Sale of Goods Act, 1930 whether Auction Sale will be considered lawful or not?

question_5b7 MarksShort Answer

"Dissolution of partnership doesn't mean dissolution of firm". Do you agree with this statement? State any three situations where court can dissolve the partnership firm.

question_5c6 MarksShort Answer

Where a party to a contract refuses altogether to perform, or is disabled from performing his part of it, the other party has a right to rescind it. Discuss this statement and the effects of such refusal under the provisions of The Indian Contract Act, 1872.

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