This Paper has 44 answerable questions with 0 answered.
| 1—7(BLC) Revised Syllabus | |
| Time Allowed : 3 Hours | Full Marks : 100 |
| The figures in the margin on the right side indicate full marks |
| Question No. 1(a) and 1(b) are compulsory and attempt any three from rest in Section I and any two from Section II. |
| Section — I (Business Laws) |
| Marks |
| 1. | (a) | Comment on the following statements: | 2x9 | |||||||||
| (i) | Loan cannot be given to any Director. | (0) | ||||||||||
| (ii) | Both Partnership firm and Limited company can enter into a partnership agreement as partners. | (0) | ||||||||||
| (iii) | Even accidental omission to give notice of a meeting will invalidate the proceedings of the meeting. | (0) | ||||||||||
| (iv) | A quasi contract is not a valid contract. | (0) | ||||||||||
| (v) | An act which ultravires the company can be ratified by the ¾th majority of the shareholders present in Extra–Ordinary General Meeting and with the approval of Central Govt. | (0) | ||||||||||
| (vi) | An employer can change in conditions of services an workman by issuing a notice at least 30 days before the proposed change. | (0) | ||||||||||
| (vii) | There are certain Deeds and Contracts which are not valid unless made under the seal of the Company. | (0) | ||||||||||
| (viii) | An appeal against the orders of MRTP Commission can be filed in any court of Law. | (0) | ||||||||||
| (ix) | Payment of Bonus Act 1965 applies to every factory and every establishment. All classes of employees are covered also. There is no exception. | (0) | ||||||||||
| (b) | Distinguish between ’Bailment’ & ’Pledge’. | 4 | (0) | |||||||||
| 2. | (a) | Under what circumstances and by whom the Special Audit is directed? Who fixes and pay the remuneration? To whom Special Audit Report is submitted? | 4 | (0) | ||||||||
| (b) | Company Directors apprehending Prosecution have no remedies. Do you agree? | 4 | (0) | |||||||||
| (c) | What are the implied conditions in a Contract of Sales? | 4 | (0) | |||||||||
| (d) | There are different modes of serving notice to the members. What are those? | 2 | (0) | |||||||||
| (e) |
State the correct position if the above statements are not correct. | 2 | (0) | |||||||||
| 3. | (a) | Prepare a list of business which may be transacted through Postal Ballot. | 5 | (0) | ||||||||
| (b) | Rights of Partners arise from Partnership Agreement only. Hence in the absence of an Agreement, a Partner of a Firm has no right. — Comment. | 4 | (0) | |||||||||
| (c) | Out of total 8 Directors, 3 Directors were on tour to Canada. Only 2 Directors attended the Board meeting Directors opined, quorum was in order. Comment–as to consequences and remedies in case there was no quorum. | 2 | (0) | |||||||||
| (d) | The Company advances to the Directors who travel very often for Companys business. Amount of such advances sometimes exceed the actual requirement. Will it contravene any provisions of the Companies Act? | 3 | (0) | |||||||||
| (e) | Directors of XYZ Ltd. having paid up capital of Rs. 6 crores decided to appont Mr. Exkay aged 20 years and holding 51% of share capital as Managing Director. How he can be appointed? | 2 | (0) | |||||||||
| 4. | (a) | Narrate the procedures for shifting of Registered Office of XYZ Ltd. | 4 | (0) | ||||||||
| (b) | First Directors are appointed by the Board of Directors. Explain legal position. | 2 | (0) | |||||||||
| (c) | XYZ Private Limited has 6 Directors. All the Directors stated that they are not liable to retire. State legal position. | 2 | (0) | |||||||||
| (d) | What are the matters to be included in the Annual Report (Director’s Report) with regard to Management discussion and Analysis report vide clause 49 of the Listing Agreement? | 4 | (0) | |||||||||
| (e) | Explain the essential elements which must be present in a valid contract. | 4 | (0) | |||||||||
| 5. | (a) | When does a person cease to be a Director? | 4 | (0) | ||||||||
| (b) | Negotiable instrument without consideration is also valid. State legal position. | 2 | (0) | |||||||||
| (c) | On allotment, amount of over–subscription if any shall be refunded within 30 days from the date of allotment and cheque shall be sent by registered post only. Do you agree? | 2 | (0) | |||||||||
| (d) | What are the consequences in case of contravention of any provision of Foreign Exchange Management Act 1999? | 4 | (0) | |||||||||
| (e) | What is understood by Asset Management Company? | 4 | (0) | |||||||||
| 6. | Write explanatory notes on any four: | 4x4 | ||||||||||
| (a) | Consumer (Consumer Protection Act 1986); | (0) | ||||||||||
| (b) | Independent Director; | (0) | ||||||||||
| (c) | Re–sale Price Maintenance; | (0) | ||||||||||
| (d) | Section 25 Company; | (0) | ||||||||||
| (e) | Air pollution & Air pollutant; | (0) | ||||||||||
| (f) | Acceptor for honour. | (0) | ||||||||||
| Section — II (Communication Skill) |
| 7. | (a) | Draft a Directors Responsibility Statement to be attached to Directors’ Report under the Companies Act 1956. | 8 | (0) | ||
| (b) | Draft an order of appointment to a candidate for the post of Personnel Manager. | 7 | (0) | |||
| 8. | (a) | Draft Company Secretary’s Responsibilities Statement which will form part of the "Directors Report to the Shareholders" of the listed Company. | 8 | (0) | ||
| (b) | Submit an Insurance claim to the Insurance Co. for losses caused in your factory by some miscreants. | 7 | (0) | |||
| 9. | (a) | M/s. Heven Surgical Ltd. placed order with a Koran Company for import of Machinery which arrived in a knock down condition. Draft a letter to the supplier to depute technicians for early installation of the Machinery as per contract. | 8 | (0) | ||
| (b) | Mr. Jackton Roy has taken a cashless Mediclaim policy from an Insurance Company for one year effective from 01.04.07. As per advise of the Agent, he has submitted photo. Although has received the Money Receipt and Policy but the Photo Identity Card has not been received. Write a letter to the Insurance Company. | 7 | (0) | |||
| 10. | (a) | Draft a suitable Apprenticeship Agreement to be executed by an apprentice for training in an Engineering Company. | 8 | (0) | ||
| (b) | Draft a proposal to the Bank for sanction of cash credit facility for newly started Company. | 7 | (0) | |||
