LL.B. (Three Years) Sem 3 Company Law Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q.1 Answer in not more than two sentences 20 Marks

1. (a) What are the necessary documents required to be filled with the Registrar to obtain the registration of the company?
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2. (b) What is Blank Transfer?
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3. (c) Who is Proxy?
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4. (d) What is a Floating Charge?
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5. (e) Define Debenture.
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6. (f) What is the tenure of appointment of an auditor.
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7. (g) What is the time limit to surrender the unspent balance of the foreign exchange which a person has purchased for a foreign travel from an authorised person?
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8. (h) What is Amalgamation?
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9. (i) Who is a contributory?
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10. (j) Define security under the Foreign Exchange Management Act 1999.
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2. Q.2 Write short notes (any four) 20 Marks

1. (a) DEMAT
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2. (b) Merits of private Company?
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3. (c) Holding and Subsidiary Company?
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4. (d) Forfeiture of Shares
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5. (e) Sulomon Vs Saloman and Co
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6. (f) Public Issue.
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3. Q.3 Answer any two of the following 12 Marks

1. (a) 'PRERANA' 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 continuous to Quarrel and refuses to meet in matter of business and there is 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 companies Act 1956?
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2. (b) 'ABC' is a Public Limited Company has given advertisement in News paper stating "Some shares are still available for sale, according to terms of the prospectus of the company, which can be obtained on application" - Answer
   • (i) Will such advertisement, could be held as prospectus? Why?
   • (ii) What is Prospectus.
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3. (c) 'KALPANA' Transport Company created floating charge on the Debentures issued by the Company. Answer-
   • (i) Under what circumstances floating charge becomes Fixed Charge?
   • (ii) What remedies are available to the debenture holder, if the company makes default in the payment of the principal or interest
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4. Q.4 Answer any four of the following 48 Marks

1. (a) Explain the circumstances under which the court can lift the corporate, veil of the company.
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2. (b) Explain the provisions of compulsory winding up under- (i) Inability to pay debts (ii) Just and Equitable grounds
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3. (c) Define private company. Distinguish between Public Company and Private Company.
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4. (d) Discuss the doctrine of "Ultra Vires" with special reference to Ashbury Railway Carriage and Iron Co Ltd. V/s Riche.
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5. (e) Define 'Member'. How membership is acquired and how it is terminated?
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6. (f) Discuss the nature of Corporate Personality and state various theories of corporate personality.
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