LLB 3 Years Sem 3 Company Law Nov 2013 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in not more than two sentences. 20 marks
   • (a) What is investment company ?
   • (b) What is 'red-herring' prospectus ?
   • (c) Who is alternate director ?
   • (d) State any two requisites of valid meeting
   • (e) What is fixed and floating charge ?
   • (f) Which company can issue a share warrant ?
   • (g) What is the punishment for the person, authorising the issue of prospectus, which
   • (h) What is difference between shares and stocks ?
   • (i) Who is authorised person under FEMA 1999 ?
   • (j) What is ?
2. Q2 Write short notes on (any four) 20 marks
   • (a) Objective clause in the Memorandum of Association
   • (b) Doctrine of constructive Notice
   • (c) Rights of Members
   • (d) Public Issue
   • (f) Manner of Repatriation
3. Q3 Answer any two of the following questions 12 marks
   • (a) Articles of Association of 'Sharda Company Ltd.' provided for preferential shares carrying a ‘cumulative preferential Later on the company altered its Article by striking out the word. 'Cumulative' before preference - Answer
   • (i) Does preferential share holders of the company still entitle to a
   • (ii) Distinguish between cumulative and Non Cumulative preference shares
   • (b) Annual General Meeting of a company, the matter is for the appointment of the director - Answer
   • (i) When the retiring directors shall be deemed to have been re-appointed?
   • (ii) When board of directors, can appoint directors under companies Act ?
   • (c) A private company has only two shareholders who are also the directors. The company has made large profits, but there is a complete deadlock in the management of the company. One of the shareholder applied for the winding up of a company - Answer
   • (i) Can the Tribunal order the winding up of company ?
   • (ii) State the grounds on which the Tribunal can order winding up of the
4. Q4 Answer any four of the following questions 48 marks
   • (a) Explain the circumstances under which the court can lift the corporate veil of
   • (b) Define private company. What are the privileges and exemptions available to the
   • (c) Explain the provisions relating to buy-back of shares
   • (d) Explain the Rule in Foss V. Harbottle and also state the exceptions to it with the help of case laws
   • (e) What are the remedies available to the minority shareholders of a company against oppression or mismanagement ?
   • (f) What is winding up of company ? What are the grounds under section 433 of companies Act, 1956 by which Tribunal may order winding up of a company ?
   • (3) HU
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