This Paper has 48 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 is compulsory and attempt any three from the rest of Section I and any two from Section II. |
| SECTION I (Business Laws) |
| Marks |
| 1. | (a) | Comment on the following statements: | 2x9 | |||
| (i) | Risk prima–facie passes with property. | (0) | ||||
| (ii) | Share premium can be utilised only for issue of bonus shares. | (0) | ||||
| (iii) | There is no time limit for issue of share certificates after allotment. | (0) | ||||
| (iv) | Dividend cannot be withheld in any circumstances. | (0) | ||||
| (v) | Negotiation and Indorsement are synonymous. | (0) | ||||
| (vi) | The Supreme Court is the ultimate court of law whose decision is final and cannot be appealed against. | (0) | ||||
| (vii) | ABC Ltd. purchased one machine for its production but the machine was defective. ABC Ltd. is entitled to compensation under Consumer Protection Act, 1986. | (0) | ||||
| (viii) | In the absence of Partnership agreement, a partner cannot claim any interest on the amount of temporary loan given by him to the firm. | (0) | ||||
| (ix) | ABC Ltd. which employs 18 persons during 2007–2008 incurred loss, company refused to pay bonus. | (0) | ||||
| (b) | Distinguish between coercion and undue influence. | 4 | (0) | |||
| 2. | (a) | (i) | Under what circumstances licence under IDR Act is required. | 2+2 | (0) | |
| (ii) | The requisitioned extraordinary general meeting was fixed at 10 a.m. on 26.11.08 but quorum was not present upto 11 a.m. What will be consequences? | (0) | ||||
| (b) | How a director is appointed in a company? | 4 | (0) | |||
| (c) | State the procedures for alteration of Articles of Association of a company limited by shares. | 4 | (0) | |||
| (d) | (i) | State the time limit for recording and signing of the Minutes of meeting. | 2 | (0) | ||
| (ii) | After finalisation of allotment, over–subscribed amount shall be refunded to the applicants within 3 months of closure of subscription list and interest @ 12% is payable for delayed period if not refunded within the prescribed time. State the correct position. | 2 | (0) | |||
| 3. | (a) | What are the essential requirement of a valid notice of a general meeting of shareholders? | 4 | (0) | ||
| (b) | When prospectus is not required to be issued? | 4 | (0) | |||
| (c) | State the provisions regarding passing of Resolution by postal ballot. | 4 | (0) | |||
| (d) | Holding of meeting at least once in every 3 months can be dispensed with if Resolution by Circulation is passed during a block of 3 months. Comments on legal provisions. | 2 | (0) | |||
| (e) | Payment of gratuity under Gratuity Act, is applicable to every factory, every shop, every establishment and others. Do you agree? | 2 | (0) | |||
| 4. | (a) | State the remedy which are available to a complainant under MRTP Act, 1969 against "unfair Trade practice". | 3 | (0) | ||
| (b) | A Public Limited Company cannot "buy back" its own shares. — Comment? | 2 | (0) | |||
| (c) | Practising Chartered Accountants as auditor can conduct audit any number of companies. | 3 | (0) | |||
| (d) | What is the "Lifting of Corporate Veil"? | 4 | (0) | |||
| (e) | Over the years, different methods of ascertaining the sense of meeting have evolved. What are those? | 4 | (0) | |||
| 5. | State the legal consequences, if any in the following cases, when— | 2x8 | ||||
| (a) | Shares are allotted in excess of authorised capital. | (0) | ||||
| (b) | Company fails to register the charge for secured loan taken from a bank. | (0) | ||||
| (c) | Mr. X forced Mr. Y to sale Y’s house to Mr. Ex at Rs. 5 lakhs, the market price of which was 15 lakhs. | (0) | ||||
| (d) | Arun purchased 10 kgs of potatoes from a trader. Subsequently 1 kg was found rotten. On approach trader refused to exchange such rotten potato. | (0) | ||||
| (e) | Mr. X drawn a bill of exchange which was accepted by Mr. Zed without any consideration. Mr. X transferred the said bill to Mr. BEE without endorsement but for consideration. | (0) | ||||
| (f) | Out of 10 partners, only one partner became involvement. | (0) | ||||
| (g) | A person makes any construction across or on the bank or bed of any stream. | (0) | ||||
| (h) | When annual General Meeting was held on 25.8.08 but Balance Sheet and Profit and Loss A/c. Annual Return were filed on 29.9.08 to the Registrar of Companies. | (0) | ||||
| 6. | Write explanatory notes on any four: | 4x4 | ||||
| (a) | Inter–connected undertakings (MRTP Act); | (0) | ||||
| (b) | Accounting Director; | (0) | ||||
| (c) | Nominee Director; | (0) | ||||
| (d) | Industrial Disputes; | (0) | ||||
| (e) | Air–pollution Control Area; | (0) | ||||
| (f) | Director’s Report. | (0) | ||||
| SECTION II (Communication Sill) |
| 7. | (a) | Draft an application to the Central Government requesting extension of time for holding Annual General Meeting due to reason beyond your control (assume reason permitted under the Companies Act, 1956). | 8 | (0) | ||
| (b) | Write a letter to your customer who failed to clear his dues inspite of 2 reminders. | 7 | (0) | |||
| 8. | (a) | Draft a suitable letter for non–receipt of Provident Fund although 2 months have passed after retirement on 31.08.2008. | 8 | (0) | ||
| (b) | Draft a suitable notice of suspension to an employee for committing gross dereliction of duty. | 7 | (0) | |||
| 9. | (a) | Draft a suitable Newspaper insertion to be published under situation vacant column for recruitment of Asstt. Security for different branch offices. | 8 | (0) | ||
| (b) | On behalf of a shareholder, draft a suitable letter to Secretary for non–receipt of dividend for the year ending 31.3.08 (A.G.M. held on 30.6.08). | 7 | (0) | |||
| 10. | (a) | Prepare a circular to the dealers of your products for improving sales by offering incentives. Assume facts. | 8 | (0) | ||
| (b) | Prepare an advertisement in the Newspapers to deal with infringement of your logo by competitors in their products. | 7 | (0) | |||
