GOA UNIVERSITY, G.R.KARE COLLEGE OF LAW LLB …grkarelaw.yolasite.com/resources/Degree/LLB...

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GOA UNIVERSITY, G.R.KARE COLLEGE OF LAW LLB DEGREE – SEM-IV COMPANY LAW OCT 2012, APRIL 2012, OCT 2011, APRIL 2011, Oct 2010, APRIL 2010, Oct 2009, April 2009, 2008, OCT 2007, Oct 2007(Old), April 2007, 2006, Oct 2006(Old) April 2006, April 2005, April 2005 (Old), Oct 2004 (Old), April 2004, April 2004(Old), 2003 (OLD), 2002(Old)(May Be Oct), 2002(Old)(May be April), Unknown Year (Oct) (Old)

Transcript of GOA UNIVERSITY, G.R.KARE COLLEGE OF LAW LLB …grkarelaw.yolasite.com/resources/Degree/LLB...

Page 1: GOA UNIVERSITY, G.R.KARE COLLEGE OF LAW LLB …grkarelaw.yolasite.com/resources/Degree/LLB DEGREE... · ... Annual General Meeting 8. Explain different ... Can a private company be

GOA UNIVERSITY, G.R.KARE COLLEGE OF LAW

LLB DEGREE – SEM-IV COMPANY LAW

OCT 2012, APRIL 2012, OCT 2011,

APRIL 2011, Oct 2010,

APRIL 2010, Oct 2009,

April 2009, 2008,

OCT 2007, Oct 2007(Old),

April 2007, 2006,

Oct 2006(Old) April 2006, April 2005,

April 2005 (Old), Oct 2004 (Old),

April 2004, April 2004(Old),

2003 (OLD), 2002(Old)(May Be Oct),

2002(Old)(May be April), Unknown Year (Oct) (Old)

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-> .--LL.B. (Semester - IV) Degree Examination, October 2012

COMPANY LAW

Duration: 3 Hours Max. Marks : 1 00

Instructions: 1) Answer any 10 questions. 2) All questions carry equal marks.

1. What is corporate Veil ? When the corporate veil can be lifted ?

2. What are articles of association and what are their contents ?

3. Explain the doctrine of Indoor management and exceptions to the rule.

10

10

10

4. Explain the role of Promoters with special reference to pre incorporation contracts. 1 0

5. What is a Prospectus ? Who are liable for Misrepresentation of the prospectus ? Explain the extent of civil and criminal liability for such misstatements. 10

6. What do you understand by "Dividends" ? Discuss the nature and rules regarding dividends. 10

7. Explain the following :

a) Statutory Meeting b) Annual General Meeting

8. Explain different modes of becoming a member of the company.

9. Can a private company be converted into public company ? Explain the circumstances.

10. Explain the following :

a) Debenture and kinds of debenture b) Issue of shares at premium and issue of shares at discount.

11. Under what circumstances will the court order a compulsory winding up a

10

10

10

10

company ? What is the effect of a winding up order? 10

12. Discuss the principle laid down in Foss V Harbottle case and state if there are any exceptions to this rule. 10

13. Explain the position of the official liquidator in the process of winding up of a company. 10

14. Answer the following : 10

a) Forfeiture of shares b) Illegal association.

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LL.B (Degree) (Sem. - IV) Examination, April 2012 COMPANY LAW '3o[P"f-(tL fto4,

Duration : 3 Hours Total Marks : 1 00

Instructions : 1) Answer any 10 questions. 2) All questions carry equal marks.

1. Define a company and discuss the characteristics of a company.

2. "Memorandum of association is the charter of the company and defines the limitation of the company''. Comment.

3. Explain the doctrine of ultra vires in relation to the companies and describe the liability of a company and its agents for ultra vires.

4. "A promoter is not a trustee or an agent of the company but he stands in a fiduciary position towards it". Comment.

5. Define prospectus. What are the consequences of misstatements in a prospectus ?

6. Discuss the powers and duties of the directors of the Companies Act, 1956.

7. What are the various kinds of meetings and their necessity in the smooth conduct of a company ?

8. What are the kinds of the share capital ? ~xplain whether the .~hare capital of the company can be reduced.

9. Can a public company be converted into public company ? Explain the circumstances.

1 0. Explain the following :

a) Debenture Trust deed

b) Fixed and Floating charge.

10

10

10

10

10

10

10

10

10

10

P.T.O.

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11. Explain the scope of just and equitable clause for winding up of the company. 10

12. How does the Companies Act, 1956 provide for prevention of oppression and mismanagement? 10

13. Discuss the powers and duties of the official liquidator. 10

14. Answer the following : 10

a) Transfer of shares

b) Share warrant and share certificate.

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B-9 [Total No. of Questions : 9] ·

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TNY -59

LL.B. (Degree) (Semester,. IV) Examination October- 2011

COMPANY LAW Duration : 3 Hours Total Marks : 100

Instructions: 1) Answer any five questions from Q.No. 1 to .Y.

2) Q.No. 9 is Compulsory.

(5 X 15 = 75)

QJ) Discuss the "Registered Office" Clause and the procedure for shifting registered office from one state to another State.

Q2) Is the company liable for precincorporation Contracts?

Q3) In what sense, The Directors are the Trustees for the Company.

Q4) Explain the exceptions to the Doctrine of Indoor Management.

QS) Discuss- Statutoty Meeting:

Q6) Explain different modes of How to become a rnern ber of the Company.

Q7) Explain- Foreign Company.

Q8) Explain the mandatory provisions when the Central Government is bound to appoint Inspectors for Investigation.

Q9) Answer any five: [5 X 5 = 25]

a) Share warrant.

b) Certificate of Incorporation.

c) Capital Clause.

d) Conversion of Public into Private Company.

e) Is Company a Citizen.

f) Ultra vires transaction.

g) Directors as agents.

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G-512 (Pages: 01) TNY -59 [Total No. of Questions : 9]

LL.B. (Degree) (Semester- IV) Examination, April/May 2011 Company Law

Duration : 3 Hours

Instructions : 1)

2)

Answer any FIVE questions from Q.No. 1 to 8.

Q.No. 9 is Compulsory.

QJ) Discuss the doctrine of Constructive Notice.

Q2) Explain the role of the Promoters in formation of the Company.

Q3) Explain Statutory Meeting.

Total Marks : 100

(5 X 15 = 75)

Q4) Explain the Registered Office Clause and the procedure for shifting the registered office from one state to another state.

Q5) What are the characteristics of a Private Company? Can the Private Company be converted to a Public Company.

Q6) In what sense the Directors are Agents of the company.

Q7) What is a Defunct company. What is the procedure for a company to be declared 'Defunct Company'.

Q8) Discuss "Illegal Association".

Q9) Write short notes on any five: (5 X 5 = 25)

a) Liability clause in Memorandum of Association.

b) Distinguish between Preference Shares- and equity Shares.

c) Share Certificate.

d) Different modes of becoming a Member of the company.

e) Mandatory provisions for appointment of Inspectors.

f) Floating Charge.

g) Forfeiture of Shares. ... ......

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LL.B. (Degree) (Sem. -IV) Examination, October 2010

COMPANY LAW

-59

Duration: 3 Hours Total Marks: 100

Instructions : 1) Answer any five questions from Q. No. 1 to 8. 2) Question No. 9 is compulsory.

(15x5=75)

1. Defme Prospectus and discuss the remedies for misrepresentation in prospectus.

2. Critically evaluate the doctrine of Constructive Notice with suitable case laws.

3. Explain the rule in Foss v Harbottle and exceptions to the rule.

4. Discuss the doctrine laid down in Salomon's case.

5. Explain:

a) Capital Clause

b) Liability clause in the Memorandum of Association.

6. Can a company be wound up for its inability to pay off its debts ?

7. What are the requirements of a valid meeting ? Explain the importance of Annual General Meetings.

8. Explain the provisions relating to oppression and mismanagement with respect to conduct of business.

9. Answer (any five) : (5x5=25)

a) Defunct company

b) Directors as Trustees

c) Certificate for Commencement of business

d) Change in Name clause

e) Minutes of Board meetings

f) Promoters

g) Preference share capital.

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Duration : 3 Hours Total Marks : 100

Instructions : 1) Answer any five questions from Q. No. 1 to 8. 2) Question No. 9 is compulsory.

1. Discuss the disadvantages of company with relevant case laws. (15x5=75)

2. Explain the procedure for shifting the registered office of the company from one state to another state.

3. What remedy does an allottee has against the company for misstatement in prospectus ?

4. Discuss the grounds for disqualification of Directors.

5. Define Debentures and discuss the various kinds of debentures.

6. Explain the following :

a) Calls on shares

b) Forfeiture of shares.

7 . What are the just and equitable grounds for winding up of the company ?

8. Discuss the role of the Chairman in the Annual General Meeting.

9. Answer any five : (5x5=25)

a) Illegal Association

b) Defunct company

c) Brokerage

d) Capital clause

e) Voluntary winding up

f) Preference share capital

g) Promoters.

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" ,. TNY- 59

LL.B. (Degree) (Sem. - IV) Examination, October 2009 COMPANY LAW

Duration : 3 Hours Total Marks : 100

Instructions : I) Answer any jive from Q.No. 1 to 8 2) Q.No. 9 is compulsory.

(15x5=75)

1. Company has a corporate personality of its own and is considered in Law as separate and distinct entity. Discuss various features of the company with relevant case laws.

2. Explain the procedure for shifting the registered office of the Company from one state to another state.

3. Discuss the Doctrine of constructive Notice.

4. Explain the nature and importance of Statutory Meetings and Extra Ordinary General Meeting.

5. What remedy·an allottee has against the company for misstatement in prospectus.

6. Discuss in detail the constitution and powers of Company Law Board.

7. Discuss grounds for disqualification of Directors.

8. Discuss just and Equitable grounds for winding up of the company.

9. Answer (any five) : (5x5=25)

a) Defunct Company

b) Share warrant

c) Minutes of Board meetings

d) Promoters

e) Debentures

f) Change in name clause

g) Illegal association.

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l TNY -59

LL.B. (Degree) (Semester -IV) Examination, April2009

COMPANY LAW

Duration : 3 Hours Total Marks : 100

Instructions: a) Answer any five from Q. No. 1 to 8.

b) Question No. 9 is compulsory.

(15x5=75) 1. Discuss advantages and disadvantages of company with relevant case laws.

2. Mention the consequences of the Ultra vires transaction.

3. Define Debentures and discuss kinds of debentures.

4. Discuss obligations of promoters in relation to Company he is promoting.

5. Discuss the role of the Chairman in the Annual General Meeting.

6. Under what circumstan~ can a Private company is converted into a Public company?

7. Discuss rights and duties of an auditor.

8. Discuss just and equitable ground for winding up of the company.

9. Answer (any five): (Sx5=25)

a) Defunct company

b) Preference share capital

c) Quorum of a valid meeting

d) Change in name clause

e) Certificate ofincorporation

f) Illegal association

g) Company Law Board.

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Duration : 3 Hours

LL.B. (Sem. - IV) Degree Examination, 2008 COMPANY LAW

Instructions : 1) Answer any six questions from 1 to 9. 2) Question number 10 is compulsory.

TNY- 59

Total Marks : 100

1. Define company. Discuss the advantages of incorporation. 15

2. Explain in detail the Memorandum of Association. 15

3. What are Articles of Association ? How are they different from the memorandum of Association and what is the binding force of the two documents ? 15

4. Define prospectus and explain the contents of prospectus. 15

5. Explain the following : 15

a) Calls on shares.

b) Forfeiture of shares.

6. Discuss the powers of Directors. 15

7. Discuss the rights and duties of an auditor. 15

8. Explain the terms 'Reconstruction' and 'Amalgamation'. What are the different forms of it? 15

9. Discuss the powers of a liquidator in respect of winding up by the court. 15

IO. Write short notes on any two : 10

a) Foreign company.

b) Debenture trustee.

c) Annual General Meeting.

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LL.B. Degree (Semester - IV) Examination, 2007 COMPANY LAW

TNY - 59

Duration: 3 Hours Total Marks: 100

bestructwns: a) Answer any six questions from 1 to 9. b) Question number 10 is compulsory.

I. Explain the duties and liabilities of the Promoters. 15

2. Explain "Statutory Meeting". 15

3. Discuss the doctrine of "Indoor Management". 15

4. Distinguish between "Equity Shares" and "Preference Shares". 15

5. Explain the doctrine of "Majority Rule" as laid down in the case of "Foss v/s Harbottle". 15

6. What is meant by "Defunct Company"? 15

7. What are the grounds on which a director has to vacate his office ? 15

8. Explain the main characteristics of a Public Company. 15

9. Can the Company change its name ? 15

10. Write short notes on any two: 10

a) Liability Clause

b) Certificate of Incorporation

c) Share Warrant.

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LL.B. (Hons.) (Semester- VII) Examination, October 2007 COMPANY. LAW

Duration : 3 Hours Max. Marks: 75

SECTION- I

Instructions: 1) Q. No. 7 is compulsory. 2) Answer any four from the remaining (1 to 6).

1. Define prospectus and discuss remedies for misrepresentation in prospectus. 8

2. Explain the importance of fundamental documents like Memorandum of Association and Articles of Association with their contents. 8

3. Critically evaluate the doctrine of constructive notice with suitable case laws. 8

4. Explain the nature of shares, share capital and issue and kinds of share capital. 8

5. Discuss the doctrine indoor management. State any exception. 8

6. State and discuss how the object clause can be altered and the significance of object clause in Memorandum of Association. 8

7. Write short notes on any two: (3x2=6)

a) Floating charge.

b) Shelf prospectus.

c) Indent houses or Issuing houses.

SECI'ION - II

Instructions: 1) Q. 14 is compulsory. 2) Answer any four from the remaining.

8. Explain the rule in Foss v/s Harbottle and exceptions to the rule. 8

9. Explain the role and position of a director of company. 8

l 0. Discuss the importance of statutory meeting and Annual General meeting and the procedure and provisions in the Companies Act. 8

P.1:0.

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• t 1 l. What are the functions of auditors of the company ? Explain. 8

12. Explain the provisions relating to oppression and mismanagement in brief with respect to prevention and conduct of business. 8

13. Explain the modes of acquisition of membership of company and disqualification of members. 8

14. Write short notes on any two:

a) Defunct company.

b) National Company Law Tribunal.

c) Voluntary Winding up.

d) Who can apply for winding up ?

' .t •

0

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TNY -59

LL.B. Degree (Sem. - IV) Examination, April 2007 v COMPANY LAW

Duration : 3 Hours

Instructions: a) Answer any six questions from I to 9.

b) Question number 10 is compulsory.

1. Explain the importance of Annual General Body Meetings.

2 . Discuss the doctrine laid down in Salomon's case.

3. Explain:

a) Capital Clause.

b) Liability Clause

Total Marks : 100

15

15

in Memorandum of Association. 15

4. Discuss- "Preference Shares". 15

5. Explain - Holding Company. 15

6. Can the company be wound up for its inability to pay its debts ? 15

7. What are the remedies available for shareholders against mismanagement by the directors ? 15

8. Discuss- "lllegal Association". 15

9 . Discuss the doctrine of "Indoor Management". 15

10. Write short notes on any two: 10

a) Defunct company.

b) Directors as Trustees.

c) Share certificate.

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MAH-59

nod LL.B. Degree (Sem. - IV) Examination, 2006 COMPANY LAW

Duration : 3 Hours Total Marks: 100

Instructions: a) Answers any six questions from 1 to 9. b) Question number 10 is compulsory.

1. Explain the procedure for shifting the Registered Office of the company from one

'state to another state.

2. Discuss the doctrine of"Constructive Notice".

3. Are the Articles of Association binding on the company in relation to outsiders ?

4. Mention the consequences of ultra vires transactions.

5. Discuss "Statutory Meeting".

6. Explain "certificate for commencement of business''.

7. Are Directors liable for misstatement in the prospectus ?

8. Explain the main characteristics of a Private Company.

9. Discuss "Illegal Association".

10. Write short notes on any two:

a) Name clause.

b) Defunct Company.

c) Directors as Trustees.

15

15

15

15

15

15

15

15

15

10 ;

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MAH-4

LL.B. Degree (Semester - IV) Examination, October 2006 COMPANY LAW (Old Course)

Duration : 3 Hours Total Marks: 75

SECTION- I

Answer any four questions from 1 to 6. Question 7 is compulsory.

I. Explain the concept and circumstances of lifting of corporate veil. 8

2. Explain the doctrine of constructive notice. 8

3. Under what circumstances a company can be required to change its name clause? 8

4. Can the company sue on pre-incorporation contracts ? 8

5 . What are the requirements of a valid prospectus ? 8

6. Briefly explain the director's duty of care in discharging his duties. 8

7. Write short notes on any two: 6

a) Preference shares.

b) Forfeiture of shares.

c) Share certificate.

SECTION- II

Answer any four questions from 8 to 13. Question 14 is compulsory.

8. Discuss the rule in Foss V. Harbottle and its exceptions. 8

9. Discuss the grounds for disqualification of a director. 8

I 0. Explain the significance of statutory meeting. 8

II. How can the company be wound up on the ground of inability to pay debts? 8

12. Explain the binding force of Articles of Association. 8

13. Discuss the manner in which a company is declared as a defunct company. 8

14. Write short notes on any two: 5

a) Debentures.

b) Share waJTant.

c) Special resolution.

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Time: 3Hrs.

Instructions : 1) A11Swer any six ques· ion; fro.J1 1 to 9 2) Question ;-/o. 10 is c< mpulsory

Max. Marks: 100

Q.l Discuss the rule laid do\~n in Hoyal Br:ti ~h Hank v/s Turquand (1 5)

Q.2 Explain the legal co:lSequence~ of [ncorp ltatiozl of a ~{)~lpany (15)

Q .3 Discuss -.he grounds for disqua .ification c.f a dit•!ctor ( 15)

Q.4 What ren:edy an aUottee has a~;aimt the company for mb:;tatement in (1 5) the prospectus .

Q.5 Explain- Defunct Company ( 15)

Q.6 Explain- " floating charge·• (15)

Q.7 Discuss the Ground of" Just 1n d Equitable" for wind mg. up of a company. (15)

Q.8 Explain the Majority Rule as ' aid down '1 Foss, v/s Hazbottle case . (15)

Q.9 Discuss the obligatioc.s of a p:.)m<·ter m dati·n to ti-e company he is promoting. (15)

Q.lO Write short notes en any TWO (10)

a) Illegal Association b) Preferential Shares c) Quorum for Boa ·d ofDirec!ors meeti::g.

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ll"d Ll. .B. (De~J re•~) S :!ll'l-1'1 Examination April, 2005 COMI?ANY LAW (OLD) X

Time: 3 Hrs. lvlax. Marks : 75 ---···--·-···-----···- ·---···· ............ - .--·--------------

INSTRUC110NS: A11swer TWO sectioJ. s sepurately SECTJON -1

Q.l Explain the doctrine of" I ifting tite corporate Veil" (8)

Q.2 Und~r what cir:wmtance:; na:ne of the compan} can be considered "undesirable" or '1oo closely re ~;embling o·.her·•. (8)

OR Q.2 Discuss" lllegal Associat.on,..

Q.3 a) Wbo can be member of the com))<m) ? b) Explain ·• liability Clause"

Q.3 Explain " call on shares" OR

Q.4 In which sense the directors are reg~rdd as " Tmst~cs" of the company. (8) OR

Q.4 Explain the cir•:umstances when the rcgistt:red effie.:: of the company can be shifted?

Q.S Write short notes on any TWO : a) Certificate for commencen:.ent of busine~s b) Special Resolution c) Preferential shares.

~ECTION-0 Q.6 Explain" Stattltory Meeting''

Q.7 Can there be " Oppression" bt mi n ~rity? OR

(6)

(8)

(8)

Q.7 Under what circumstance> l!r testigrhon into aff<Lin. of the company is Mandatory?

Q.8 Whc.t are the cba~acteristics of a private company ? (8) OR

Q.8 Explain" Foreigu Com.pany"

Q.9 Can the company be wou1d tp fo~ i :.ability to pay lts debts? (8) O R -

Q.9 What is the ex1ent of liability of a C(; tr:ributory in wmding up proceedings.

Q.l 0 Write short no::es. on :my TWO : (5) a) Defunct company b) Forfeiture of shares c) Quorum for Board of Director!; t le<dng>.

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lind LL.B. CJXEAlf~')EM.Jf.' EX4Ml/\'4.210N OCTOBER, 2004 £ 0MPA,yY L t w (OLD). X

Time: 3 hrs.

INSTRUCTIONS: Answer to Two Sections mus t be written separately.

Q.l. Discuss "Statutory Meetings".

Q.2. In what manner, preferent a! shares :iiffer from Eqt:oty shares.

~!B

Q.2. Explain the doctrine of"Constructiv! Notice".

Q.3. Are the Directors liable to• m s-statcmcnt :.n the prospectus?

QR Q.3. Discuss "Call on Shares".

Q.4. Can the Promoters be sueJ fer Pre-lr.~orporation Contracts? OR

Q.4. Explain- " Illegal Associ~ttior ".

Q.S. Write short notes on any TWO. (a) Liability Clause (b) Share Warrant (c) Certificate for Commencement of Business.

SE.9.I!!)N-ll

Max.Marks: 75

(8)

(8)

(8)

(8)

(6)

Q.6. Explain the exceptions to the Doctrim: of''lndoor Management". (8)

Q.7 . Discuss the Majority Rule as laid dcwn in "Foss Vis . Harbottle" Case. (8)

Q. 7. Can Dividend be paid out of capitaP

Q.8. What is the .ilimificmJce <•f"certific 1te. of Incorporation". (8) OR

Q.8. Explain the Role of the Auditors in auditing the Accounts of the Company.

Q.9. Can the Minor ity be guilty of Oppwssion'! (8) O R

Q.9. What is the extent of liability of a "Contributol')' ' i!:t wi_nding up proceedings?.

Q. lO. Write short notes on any T\\-0. (5) (A) Capital clause i.r. Menorandum. (B) Defunct Com pan~ (C) Managing Director.

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LL. B. (Degree) Sem. IV Examinatron April 2004 1<

CompaiJ.V Law Time: 3 Hrs. Max Marks: 1 00

Instructions : 1. Answer any six questions from 1 to 9. 2. Question 10 is compulsory.

(15) Q.l. (a) Can the Promoters be liable fc·r Pre-Incorporations Agreements?

(b) Explain the circumstances, in which registered office of the company can be shifted.

Q.2. (a) (b)

Discuss the doctrine of" Coast."Uctive Notice". Explain the significance of" Preferential Shares"

Q.3. Explain the Advantages of a Company

Q.4. (a) (b)

Discu~s -" Board of Directors Meetings" . Are Directors Agents of the Company?

(15)

(15)

(15)

Q.5. (a) Explain statutory meeting (15) (b) Can the company be wound up for not boldlng statutory meeting?

Q.6. Explain the Auditor 's Role in auditing the accounts of the Company (15)

Q.7. (a) (b)

Q.8. (a) (b)

Q.9. (a) (b)

What is Deftmct Company? Explain" Illegal Association' '

Explain the main characteristics of a" Priva,:e Company". Can the Private company be co1verted into Public Company?

Who is a "Contributory' '? Can the company be wound up for its inability to pay its debts.?

Q.IO. Answer any Two. (a) Forfeiture of shares (b) Certificate of Incorporation (c) Can a minor be member of the company?

(15)

(15)

(10)

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LL. B. (Degree) Sem. IV Examination April 2004 Compa11y Law (Old)

Time: 3 Hrs. Max Marks: 75

!5ECTJON-l Instructions: 1) A11swer to Two sectUms shoultf be written separately

2) Answer any Four questions from Q.l to 6. Q. 7 is compulsory.

Q.l Explain .- "The Articles of Aasociatton". (8)

Q.2 What are the legal consequences, whkh How from the principle - (8) " Company is distinct legal Entity"

Q.3 What are the defences available to a Direc-.or, in the event of misstatement in the prospectus. (8)

Q.4 Explain the importance of Annual General M eeting. (8)

Q.5 Aie the Promoters in a Fiduciary Relationship with the Company. (8)

Q.6 Discuss '' Illegal Association". (8)

Q. 7 Write shm1 notes on any TWO (6) a) Certificate for Commencement of Business. b) Can ~minor be a Share Holder in a Company? c) Special Resolution

SECTION-Jl Answer any four qlUlstifJns from 8 to 13. Question U is comp11lsory.

Q.8. Distinguish between Private Con pany and Public Company. (8)

Q.9. What constitutes " Oppressive conduct" as envisaged under the Companies Act.? (8)

Q.l 0. Explain- " Extrs. Ordinary General Meetings". (8)

Q .1 1. Mention the statutory restrictions in the AUotment of Shares. (8)

Q.\2. Discuss - " Foss V /s Harbottle" case. (8)

Q.l3. What are the circ.umst'l!lces in which, it is mandatory for appointment of Investigators to investigate the Affairs of the Comparq. (8)

Q.14. Write short notes on any TWO. (5) (a) Sh~ Warrant. (b) Change of Name ofthe Company. (c) Statutory Report.

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SRN - 201

Second LL.B. (3 Years Course) (Semester- I'V) Examination, 2003 0 COMPANY LAW

SECTION I

Answer any FOUR ques~ons from 1 to 6. Question 7 is COMPULSORY.

I . Can the company sue on pre-incorporation contracts ?

2. Explain the remedy of Rescission on the ground of misrepresentation m the prospectus.

(8)

(8)

3. Distinguish between Preference Shares and Equity Shares. (8)

_........-4. Briefly explain the director's duty of care in discharging his duties ? (8)

5. Discuss the principle laid down in "Salomon v/s Salomon and Co." (8)

6. Can the Public Company commence its business immediately after obtaining certificate of Incorporation ? (8)

7. Write shon notes on any TWO: (6)

a) Defunct Company

~) Share Certificate ·

c) .Capital Clause.

SECTION II

An.-wer any FOUR questions from 8 to 13. Question 14 is COMPULSORY.

8. Discuss the concept of Majority Rule as laid down in "Foss v/s Harbottle" case. (8)

9. Explain the consequences or' an ultra vires Transac•.io.1 ? (8)

10. Are the Articles of Association binding on the members in relation to the Company ? (8)

11. Explain - Statutory Meeting. (8)

12. What constitutes "Oppression", for seeking relief under Section 397 of the Companies Act ? (8)

13. Under what mandatory circumstances, the Central Government is obliged to order Investigation mto the affairs of the Company ? (8)

14. Write shor't notes on any TWO: (5)

a) Dlegal Association

b) Special Resolution

c) Liability Clause.

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Second LLB (3 Yea rs Cc•une) :seme: ter IV) Eumination [ oc.1]

COHPAN ,' LAV~ (:J~) 'f ~\u. : ~5""

Sl:CTJOi'l'-l

Answer any four questions from I to 6. Qu..:sti•JD 7 is .:omputsory

I. Explain the ccncepl ofl ift1r.g of corpc•rate 1eil (81 2. Discuss the directors' liability fm mis:·epr~>enlat"Jn ln1 re pro~p~ctus (8) 3. Distin1,ruish lx·tween equity shares and prderen~c o;h~re~ (8) 4. Explain the do<:trine of indoor mr.nago.me:1: (ll) 5. Explain the significance of ;:enific.ute vf in ;or·:•o atic.n (8) 6. Briefly explab the director· ~ du~ of t: are i1 discharl;in~; his duties? (8) 7. Write short not~ on any TWO t6)

a) Forfeiture of shan~s b) Defun:t company c) Capita l Clause

SECTIOJ'I --11

Answer any fou•·questions from 8 to J.!. QDeslior 1<1 i:l r-ompulsory

8. Discuss the nolc in Foss v. Harbottle :mel i1s e>:.ceolions • (S) 9. Explain the signi''kance of annual genera mc\:ti. ;; (P.) I 0. What constitutes ·'oppres>!on"? Whal ar! the •er :e-:l e, 1gainsr oprression under S.397? (8) I I. How can the cc~rp.my be wound up c•n tbf gr·>u. c ,;f ir .tbilir0 to ray debt~? (8) 12. EXj}lain the binding force of Article3 Jf A!sodat on ( ~ 13. Under what circumstance:; can a priVilte ccmpn · bt. xnverted into a public company? (8) 14. Write short notes on any TWO (5;

a) Debentur~ s b) Promoters c) Specia resolution

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RN-31

III Year LL.B. (3 Years) (Semester - IV) Examination, 2002 COMPANY LAW (Restructured Course)

Total Marks: 75

.. 1. Write short notes on any two:

a) Object clause

b) Certificate of incorporation

SECTION-I

c) · Transfer of shares

d) Share Certificate

(2x3=6)

2. Answer any four of the following : (8x4=32)

a) What is the doctrine of indoor management ? Discuss exceptions.

b) Explain and discuss binding force of memorandum and articles of association. c) Briefly state the contents of the prospectus of a company. d) Write in brief on underwriting commission and issue of shares at discount and at

premium.

e) Explain and discuss the provisions containing forfeiture of shares. t) Explain briefly :

a) Alteration of capital b) Reduction of capital. g) Discuss the role of directors as

a) As trustees of the company b) As organs of corporate body.

SECTION-IT

l. Write short notes on any two : a) Proxy c) Dividends

b) Minutes d) Bonus shares

2. Answer any four ofthe following : (8x4=32)

1) Explain and discuss the duties of the auditors of company.

2) State and discuss the following : a) Debentures b) Floating charge.

3) State and discuss constitution and powers of Company Law Board. 4) Explain briefly about registration of charge~ and rectification of register.

5) Explain:

a) Investment in own name of company b) Remedies of debenture holders for dues from company.

6) Explain and discuss : . a) Government company b) Holding company and subsidiary company

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LL.B. 3 Years (Sem.- IV) Examination, 2002 COMPANY LAW

(Three Years Restructured Course)

Duration: 3 Hours ..

SECTION I

1. Write short notes on any TWO:

a) Same Management.

b) Floating Charge.

c) Duties of Auditor.

d) First issue in Demat form.

t Answer any FOUR of the following:

sRN -t27

Total Marks: 75

(2XJ"'6)

1) Is company a citizen ? Explain and discuss with judicial pronouncements or case laws. .

) Discuss the significance of Memorandum of Association.

, ) Explain and discuss the pre-incorporation contracts.

4) Discuss the binding force of Articles of.Association and the Memor~nduiD of ~ Association.

i) Discuss the judicial and quasi-judicial interference in the matters of transfer of shares.

6) Discuss:

a) Alteration of Capital.

OR

b) Further issue of Capital.

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Duration: 3 Hours

S.Y. LL.B. (Sem.- IV) Exainination, 2000 ENVIRONMENTAL LAW ·

Instructions: 1) Answer any four questions from Q. No. 1 w 6. 2) Question No. 7 is compulsory. 3) Answer Section I and H Separ~y.

SECTION-I

RPN,.7S

1. Elucidate the statement that the study ofF..nvironment law necessarily introducesjller-disciplinary approach.

2. Discuss International concern for environment protection ?

3. Right to a decent enviralmentis fundamental rigbt. Elucidate by referring to deci~:ase&.

4. Piscuss the various common law remedies available against the pollution of enviraPt..

5. Expl!lin the Indian law relating to coastal zones.

6. Explain these two:

a) Global warming. b) Ozone depletion.·

7: Answer any two: Acid Rain

Ecosystem

Noise pollution.

SECTION-II

Answer any lOur from Q. No.8 to 13, Q. N;,. 14 is compulsory.

8. Discuss the salient features ofEllvironmentProtectionAct 1986.

9. Analyse and crystallize the effects ofWater Act, 1974.

I 0. Explain these two: a) Features of Air Pollution Act 1981. b) Penalties under Air Pollution Act, 1981.

11. EllvironmentallmpactAssessment is an instrUment of reconciliation disctW-

12. Discuss about Forest Policy and explain the importance ofWud Life Protecti~Act, 19'11-· ·

13. Examine the importance of public participation in environmental decisioo~g .

8

8 8

8

8

8

• L x2-s> 14 . . Answer any two: (2 7""

1) Nationa!EnvironmentTnbunalAct,95 /.."'Jf"'"~-....:. •

~~ :!':!:of atmosphere. /.'·/·.·~ :. ~·~ ~ -.- ~- ~. .,\

' '• ,, ' .,

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