LL.B. (Three Years) Sem 3 Company Law Nov 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q2 Write short notes on any four of the following :— 20 marks
   • (a) Distinguish between Private and Public Company
   • (b) Statement lieu of Prospectus
   • (c) Quorum
   • (d) Contributory
   • (e) Official Liquidator
2. Q3 Answer any two of the following :— 12 marks
   • (a) Directors of ‘A and B’ Co. Ltd. signed a cheque in the name of stating the company’s name as ‘AB’ Co. Ltd. Thus omitted the word ‘And’, from the cheque — Answer :—
   • (i) Who will held liable, if the bank returns the cheque as unpaid ?
   • (ii) Is there any statutory provision to lift the corporate veil of company ? If yes under what circumstances ?
   • (b) Articles of Association of ‘Sai Chaitanya’ Co. Ltd. provided for preferential shares carrying a ‘Cumulative Preferential Dividend’. Later on the company altered its Article by striking out the word ‘Cumulative’ before preference —
   • (i) Does preferential share holders of the company still entitle to a
   • (ii) Distinguish between Cumulative and Non Cumulative Préference Shares
   • (c) ‘Shakti’ trading company is a private company and shares of the company are divided between two members who have become irreconciliable. As a result, the business can no longer be effectively carried on. Both members continues to quarrel and refuses to meet on matters of business, and there ig no hope of reconciliation :—
   • (i) Can court order winding up of such company ? Is it Mandatory on court to order winding up ?
   • (ii) On what grounds, Court can order winding up of companies under “4. Answer any four of the :— 48
   • (a) Define ‘Company’ and discuss the advantages of incorporation, with reference to case laws
   • (b) Discuss the contents of ‘Memorandum of Association’ and explain the procedure for altering the object clause
   • (c) Explain the rule laid down in the case of Foss v/s Harbottle alongwith the exceptions, if any
   • (d) Distinguish between Fixed Charge and Floating Charge under what circumstance floating charge is converted into fixed charge ?
   • (e) What are the power of Directors ? Also how directors can be removed
   • (f) What is winding up of a company ? Who are entitle to file a petition to the court for the winding up of company ?

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