CWA/ICWA Inter :: Business Laws and Communication Skills : December 2004

I-7(BLC)
Revised Syllabus

Time Allowed : 3 Hours Full Marks : 100
Section — I
(BUSINESS LAWS)
Answer Question No. 1 which is compulsory
and any three from this section.
Marks
1. (a) Comments on the following statements:
(i)

When contract becomes impossible to perform subsequent to the agreement, it is called "Doctrine of Frustration"?

(ii)

Stop payment instruction can stop prosecution (N.I.Act.)

(iii)

Even a minor can be appointed as proxy.

(iv)

A qualified Homoeopathic Physician treated a patient with allopathic medicine and the patient died. Can the said Physician be guilty of negligence under Consumer Protection Act, 1986?

(v)

Partner can be expelled from the firm.

(vi)

Secretarial compliance certificate is compulsory in all public limited companies having authorised capital of Rs. 2 crores and above.

(vii)There is no time limit for issue of share certificates by a company.
(viii)The procedure of appointment of Director and Nominee Director are same.
(ix)Payment of Bonus is limited to available surplus.
 2x9=18
(b) Are all contracts without consideration void? Do you agree? 4
2. (a) How share premium money are utilised by a Company? 4
(b) Distinguish between "Sale" and "Agreement to Sale". 6
(c) Workers are entitled to wages for strike period also. State the legal position. 2
(d)

A company is not ready with the Annual Accounts, the Board of Directors decided to hold the AGM before the due date and adjorn it to be held after Annual Accounts are ready. Is there any violation of Companies Act, 1956?

 4
3. (a) Mention the powers of official liquidator in winding up by the TRIBUNAL. 4
(b) State the provisions of Companies Act to protect the interest of small depositors. 4
(c) Who is interested director and what are the restrictions if any for such directors? 4
(d) Gratuity can be forfeited without issue of Show Cause Notice. Comment. 4
4. (a) What are the remedies available for default in holding Annual General Meeting? 4
(b) State the procedures for conversion of a Private Company to a Public Company by own volition. 4
(c)

Board of Directors can exercise certain powers at Board meetings without the consent of Shareholders, -Explain.

 5
(d) How are the Industrial dispute settled? 3
Please turn over

( 2 )

I-7(BLC)
Revised syllabus		 Marks
5. (a) Discuss the different types of meetings which are held in a Public Limited Company. 4
(b)

State the provisions of Water (Prevention & Control of Pollution) Act, 1974 regarding offences by the company.

 4
(c) State the procedures for payment of dividend of Equity Shareholders. 4
(d) State the limitations to alteration of Articles of Association. 4
6. Write the explanatory notes on any four:
(a)Sweet equity shares;
(b)Doctrine of ultra-vires;
(c)Drawee in case of need (N.I. Act);
(d)Restrictive Trade Practice (MRTP Act, 1961);
(e)Goods sent on "Approval" or "Sale" or "Return".
 4x4=16
 
Corporate Laws
Section II (COMMUNICATION SKILLS)
Answer any two questions.
 
7.

Draft a Director's Report of a Public Limited Company, which has made profit but no dividend has been recommended for payment (assume facts).

 15
8. (a) Draft a dismissal orders to an employee who has committed gross misconduct. 8
(b)

Your company wants to introduce a new product namely disposable syringes. Write a letter to marketing agency to conduct a market study to ascertain feasibility.

 7
9. (a)

Write a reply to the complaint from a member of a public alleging disposal of pollutants from your factory premises into the neighbouring river.

 8
(b)

Prepare an advertisement material warning the competitors who use the registered trade mark of ABC Ltd.'s product.

 7
10. (a)

Your company is planning to make public issue of shares. Draft a suitable Inter-office Memo requesting the Managers of Production, Marketing and Finance Departments to fill up the information sheet to highlight company's performance in the Press Release.

 8
(b)

ABC Ltd. wants to send notices along with Postal Ballot and Unstamped Business Reply Envelopes to the Shareholders in accordance with Sec. 192A of Companies Act, 1956. This company wants to collect the Business Reply Envelopes when received from Post Office on cash payment. Write suitable letter for a permit.

 7

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