LL.B. (Three Years) Sem 3 Company Law Dec 2024 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All the questions are compulsory 2. Figures to the right indicate full marks

Q.1 Answer the following in two or three sentences (Any 6) 12 marks

1. (1) Who is Alternate Director?
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2. (2) What is "Joint Venture"?
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3. (3) Who is "Authorised Person" under FEMA 1999? Give 2 objectives of FEMA?
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4. (4) Define "Debenture"?
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5. (5) What is "Director Identification Number"?
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6. (6) What is "Floating Charge"?
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7. (7) What is Amalgamation?
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8. (8) What is "Red-herring" prospectus?
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Q.2 Write Short Notes (Any 2) 12 marks

1. (1) Kinds of shares?
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2. (2) Annual General Meeting?
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3. (3) Doctrine of Constructive Notice?
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4. (4) Investigating power of the Inspectors under Companies Act, 2013?
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Q.3 Answer the Following questions by giving reasons (Any 2) 12 marks

1. (1) Herry Limited is a company registered in Thailand. It has no place of business established in India, yet it is doing online business through telemarketing in India having its main server for online business outside India. State the status of the Company under the provisions of the Companies Act, 2013.
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2. (2) Naveen incorporated a "One Person Company" making his sister Navita as the nominee. Navita is leaving India permanently due to her marriage abroad. Due to this fact, she is withdrawing her consent of nomination in the said One Person Company. Taking into considerations the provisions of the Companies Act, 2013 answer the questions given below.
   • (i) If Navita is leaving India permanently, is it mandatory for her to withdraw her Nomination in the said One Person Company?
   • (ii) If Navita maintained the status of Resident of India after her marriage, then can She continue her nomination in the said One Person Company?
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3. (3) Examine whether the following persons are eligible for being appointed as auditor under the provisions of the Companies Act, 2013:
   • (i) "Mr. Prakash" is a practicing Chartered Accountant and "Mr. Aakash", who is a relative of "Mr. Prakash" is holding securities of "ABC Ltd." having face value of Rs. 70,000 (market value Rs. 1,10,000). Directors of ABC Ltd. want to appoint Mr. Prakash as an auditor of the company.
   • (ii) Mr. Ramesh is a practicing Chartered Accountant indebted to MNP Ltd. for Rs. 6 lacs. Directors of MNP Ltd. want to appoint Mr. Ramesh as an auditor of the company.
   • (iii) Mrs. KVJ spouse of Mr. Kumar, a Chartered Accountant, is the store keeper of PRC Ltd. Directors of PRC Ltd. want to appoint Mr. Kumar as an auditor of the company.
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4. (4) In the meeting of "XYZ co LTD" proper quorum was present at the beginning. However few members left at the mid of the meeting when it proceeds to business.
   • (i) Does the departure of members invalidate the meeting?
   • (ii) What is "QUORUM" what should be quorum for the meeting of public and private Company, if articles of association had no provision?
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Q.4 Answer the Following Questions (Any 3) 39 marks

1. (1) Explain the legal position and duties of Directors?
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2. (2) What is winding up of the company? What are the grounds under Companies Act, 2013 by which Tribunal may order winding up of a company?
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3. (3) Explain the rule of Foss v. Harbottel?
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4. (4) Explain Memorandum and Articles of Association? Explain Doctrine of Ultra virus and Doctrine of Indoor Management?
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5. (5) Explain types of Directors? What are the qualification and disqualification of Directors?
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