A

PART

SETTING-UP OF BUSINESS

1
CHOICE OF A BUSINESS ORGANIZATION
1. Distinguish between : Partnership & Company
[June 2005 (4 Marks)], [Dec. 2013 (4 Marks)]

2. Distinguish between : Company & Club [June 2010 (6 Marks)]

3. Requirement of capital affects the choice of business organization. Comment. [June 2019
(4 Marks)]

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 2
TYPES OF COMPANIES
1. Company XYZ Ltd. is a subsidiary of your company in which the holding of the your company is
8,50,000 equity shares of ` 10 each fully paid up which constitute 85% of its paid up capital. XYZ
Ltd. desires to issue further 8,00,000 equity shares of ` 10 each on which initially a sum of ` 3 will
be paid to ABC Ltd. to meet its long term capital requirement. On such issue of further capital XYZ
Ltd., will XYZ Ltd. continue to be the subsidiary of your company? [Dec. 2001 (8 Marks)]

2. The liability of the members of limited company can never be unlimited. Comment. [June 2007
(5 Marks)]

3. Distinguish between : Holding and Subsidiary Companies [Dec. 2010 (4 Marks)]

4. It is always mandatory for an unlimited company to have share capital. Comment. [June 2012
(5 Marks)]

5. Mahesh is a creditor of an unlimited company. The company was wound-up. Mahesh, therefore,
wants to sue the members of the company to recover the dues. Advise Mahesh regarding the
remedy available to him. [June 2015 (4 Marks)]

6. Distinguish between:Small Company and Inactive Company [June 2016 (4 Marks)]

7. Distinguish between : Subsidiary Company & Associate Company [Dec. 2016 (5

Marks)]

8. The paid-up share capital of PKA India Pvt. Ltd. is ` 20 Crore, consisting of 150 lakh fully paid-up
Equity Shares of ` 10 each and 50 lakh fully paid-up Cumulative Preference shares of ` 10 each.
PKA India Capital Pvt. Ltd. and PKA Tele Services Pvt. Ltd. are holding 55 lakh and 25 lakh Equity
Shares respectively in PKA India Pvt. Ltd.
PKA India Capital Ltd. and PKA India Tele Services Pvt. Ltd. are subsidiaries of Lord Krishna Pvt.
Ltd. Referring to the provisions of the Companies Act, 2013 examine whether PKA India Pvt. Ltd. is
a subsidiary of Lord Krishna Pvt. Ltd.?
Would your answer be different if Lord Krishna Pvt. Ltd. has five out of total seven directors on the
Board of Directors of PKA India Pvt. Ltd.? [June 2019 (5 Marks)]

9. A Company registered under section 8 can be registered as a Small Company under the
provisions of the Companies Act, 2013. Comment. [June 2019 (4 Marks)]

10. A private limited company wants to increase its subscribed capital by offering further issue of
shares to friends and relatives of directors by Board Resolution. Is it valid as per law? [Dec. 2004
(5 Marks)]

11. A private company incorporated under the Companies Act, 2013 may issue debentures to any
number of persons and can accept deposit from the public. Comment. [Dec. 2017 (5 Marks)]

12. Bindu Mediatech Private Ltd. is having paid-up capital of ` 40 lakh, its Securities Premium
Account is ` 30 lakh and its free reserves are ` 30 lakh. The company has accepted ` 95 lakh as
loans from its members and term loan from a scheduled bank to the extent of ` 75 lakh. State
whether the company can accept loans/deposits from its members. Is there any maximum limit
upto which the company can accept as loan/deposit from its members? Discuss the applicability of

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 exemptions to the Private Ltd. Company from some of the provisions of Section 73 of the
Companies Act, 2013. (Assume the Company has not made any defaults in loan repayments).
[Dec.2019(5 marks)]

13. Distinction between : Public Company & Private Company [Dec. 1999 (8 Marks)]

14. Masons Pvt. Ltd. is a private limited company as per the Article of Association of the company.
However, a public company acquired shares in Masons Pvt. Ltd. thereby making the Masons Pvt.
Ltd., a subsidiary of that public company. State the impact of such acquisition of shares by the
public company on Masons Pvt. Ltd. [June 2015 (4 Marks)]

15. One person company shall be formed only as a company limited by shares. Comment.
[June 2015 (5 Marks)]

16. Axar is in plant research and he has invented a process for extracting bio-fuel from certain
plants, now he is proposing to commercialize his invention by promoting a One Person Company
(OPC). But he proposes his name and his wife name as directors of the Company. As a Company
Secretary clarify Axar on number of shareholders and directors OPC can have. Also brief him the
provisions on Board, Annual General Meeting, signing of Financial statements, Board’s Report and
Annual Return. [Dec.2019(5 marks)]
17. Explain the concept of Producer Company. [June 2006 (4 Marks)]

18. Directors of ABC Ltd. want to incorporate a producer company. ABC Ltd. itself is in the
production and harvesting business. You are the company secretary of ABC Ltd. You are requested
to advise the Board of ABC Ltd. about incorporation of such a producer company and set out its
objectives as per relevant provisions of the Companies Act. [Dec. 2017 (8 Marks)]

19. Distinguish between : Limited Liability Partnership and Producer Company [Dec. 2010
(4 Marks)]

20. Write a short note on : Government Companies [June 2008 (4 Marks)]

21. ABC Ltd. is a company incorporated under the Companies Act, 2013. The paid-up share capital
of the company is held as under :
- Government of India 20%
- Government of Andhra Pradesh 20%
- Government of Tamil Nadu 10%
- Government of Maharashtra 10%
Explaining the provisions of the Companies Act, 2013, state whether the said company be called a
‘Government company’ and also state whether the employees of a Government company can claim
their salaries from the Government of India. [Dec. 2015 (4 Marks)]

22. 43% of the paid-up share capital of V4C Ltd. is held by the Central Government and 8% is held
by the Life Insurance Corporation of India and Unit Trust of India (Public Institutions). Analyze the
definition of ‘Government Company’ under the provisions of the Companies Act, 2013 and decide
whether V4C Ltd. is a Government Company. [Dec. 2018 (5 Marks)]

23. A representative of a foreign company in India was only receiving orders from customers.
State whether the place where the orders so received be termed as a place of business. [June 2005
(4 Marks)]

24. To consider a body corporate as a foreign company, a place of business in India is to be

established. State the activities that do not constitute carrying of business in India. [June 2015
(4 Marks)]

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 25. Referring to the provisions of the Companies Act, 2013, state as to when shall a company
incorporated outside India be considered as a ‘foreign company’ within the meaning of the
Companies Act, 2013. Also examining the provisions of the Act, state whether in the following cases,
the company shall be considered as a ‘foreign company’ :
(i) A company incorporated outside India has a representative in India, who on behalf of the
company merely receives orders from the customers.
(ii) Company incorporated outside India holds its Board meetings and general meetings in
India. [Dec. 2015 (4 Marks)]

26. Actavis Ireland Ltd. a pharma firm incorporated in Ireland :

(i) has a share transfer office in Kanpur;
(ii) directors of the company frequently stayed in a hotel in Noida and Mumbai for looking after
matters of business, the company does not have any physical office or property in India.
As a practicing Company Secretary, advice under the provisions of the Companies Act, 2013,
whether the company will be treated as having place of business in India? [June 2019 (5
Marks)]

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 3
CHARTER DOCUMENTS OF COMPANIES
1. Define the term ‘memorandum’ as per Companies Act, 2013. [Dec. 1999 (2 Marks)]
2. Write a short note on : Objects clause of Memorandum of Association [Dec. 2000
(5 Marks)]

3. What are the provisions relating to shifting of the registered office from one State to another
State. [Dec. 2004 (5 Marks)]

4. State the provision of the Companies Act, 2013 relating to “alteration of name clause”.
[Dec. 2005 (4 Marks)]

5. Registered office of the company can be shifted from one state to another without the approval
of the State Government. Comment. [June 2008 (5 Marks)]

6. Write a short note on : Liability clause in Memorandum of Association [Dec. 2010

(4 Marks)]

7. The name of the every company must end with the word ‘Limited’. Comment. [Dec. 2012
(5 Marks)]

8. Can employee have right to object in case of shifting of registered office from one state to
another? Decide with case law. [June 2013 (4 Marks)]

9. Abha Ltd. was incorporated on 15th March, 2012. A company with identical name and similar
objects was incorporated on 5th August, 2013. On account of similarity of name, Abha Ltd., i.e., the
company which was previously registered, filed a petition on 15th April, 2014 with the Central
Government seeking issue of direction for change of name by the later company so that its
business interest is protected. On 16th August, 2014, the Central Government sent an order to the
later company to change its name. Examine the aforesaid case and the validity of the order of the
Central Government. [Dec. 2014 (4 Marks)]

10. ABC Ltd. has altered its name from BCD Ltd. to ABC Ltd. However, the fact of alteration of name
of the company was not brought to the notice of NCLT. Please advise the company ABC Ltd.
whether it has a right to execute a decree in its new name after the change of name. [Dec. 2017
(5 Marks)]

11. Can a listed company change its name as and when necessary? Give reasons in support of your
answer. [Dec. 2009 (4 Marks)]

12. State any six powers which are prudent to be included in the objects clause of Memorandum of
Association of a company as general and ancillary objects.
[Dec. 2018 (4 Marks)]

13. Alteration of Capital Clause in Memorandum of Association is a precondition to restructuring

the Capital structure of the Company’ — Elaborate the statement mentioning relevant provisions
of the Companies Act, 2013 on types of alterations of Capital Clause.
[Dec.2019 (4 marks)]

14. X, an employee of BG Ltd., is aggrieved by the decision of shifting of the registered office of the
Company from the state of Uttar Pradesh to Haryana. He has filed a Public Interest Litigation (PIL)

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 regarding the same, considering that the business of the company will be severely affected by the
said decision of shifting of registered office. In the light of decided case laws, examine the strength
of argument raised in the PIL. [Dec.2019 ( 4 marks)]

15. “The article of association play a subordinate role to the memorandum of association”.
Comment. [June 2000 (5 Marks)]

16. Distinguish between : Memorandum of Association & Articles of Association [June 2006
(5 Marks)]

17. Memorandum and articles bind the individual member inter se and the company to the
members. [Dec. 2006 (4 Marks)]

18. A Company does not have unlimited powers to alter its articles of association. Comment.
[June 2007 (5 Marks)]

19. Alteration of article of association must not constitute a fraud on the minority by a majority.
Comment. [June 2013 (5 Marks)]

20. The majority of the shareholders of Kasi Textiles Ltd., passed a special resolution to alter its
Articles of Association and gave the directors a power to require any shareholder who is doing
competing business with that of company’s business to transfer his shares. Swaroop, who is
carrying on a competing business, challenged the validity of the alteration. Decide whether
Swaroop will succeed in the light of the provisions of the Companies Act, 2013 and decided case
law. [June 2019 (5 Marks)]

21. Gomez, the Chairman of a company, borrowed ` 5 lakh from the State Bank of India, Patna
under a promissory note. A suit was filed for the recovery of debts on the basis of the pro-note
executed by the chairman. The company refused to accept the liability on the plea that the
Chairman had borrowed funds without authorization from the company. Will the company
succeed? Explain. [June 2007 (5 Marks)]

22. With the approval of the Board, an amount of ` 50 Crore was spent by Speed Jet Ltd., in
producing a commercial film, not covered under its objects clause. The film was a complete flop
and the company lost an amount of ` 40 Crore. Some of the members of the company objected to
such investments not covered by the objects clause of the company. They filed a suit making the
directors personally responsible and to make good the loss. Will they succeed? Support your
answer with reasons. [Dec. 2009 (6 Marks)]

23. Write a short note on : Doctrine of Ultra Vires [Dec. 2010 (4 Marks)], [Dec. 2014
(5 Marks)]

24. Distinguish between : Doctrine of constructive notice & doctrine of indoor management
[June 2011 (4 Marks)]
25. Write a short note on : Doctrine of Constructive Notice [Dec. 2011 (5 Marks)]
26. While the doctrine of constructive notice seeks to protect the company against the outsider, the
doctrine of indoor management operates to protect the outsiders against the company. Elucidate.
[June 2012 (8 Marks)], [June 2014 (4 Marks)]

27. Write a short note on : Doctrine of Alter Ego [Dec. 2013 (4 Marks)]
28. Alok, the Managing Director of Yellow Ltd., borrowed a large sum of money and
misappropriated the same. Later, when the lender demanded his money, the company refused to
repay, contending that the money borrowed by Managing Director was misappropriated by him
and the company is not liable for repayment. Decide, giving reasons, whether the lender would
succeed in recovering the money from the company. [June 2015 (4 Marks)]

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 29. Surprise Ltd. was incorporated under the Companies Act, 2013. The memorandum of
association of the company in its objects clause stated that the company was established to make
and sell or to carry on the business of mechanical engineers and general contractors. The
company entered into a contract with Prominent Ltd., a firm of railway contractors to finance the
construction of a railway line in Mumbai. The contract was ratified by the shareholders in general
meeting. Subsequently, the contract was repudiated by the company on the ground that the
contract was ultra vires the objects clause.

Prominent Ltd. filed a suit claiming damages for the breach of contract. Explaining the meaning of
doctrine of ultra vires, decide whether Prominent Ltd. will succeed. [Dec. 2015 (4 Marks)]

30. Ria Technologies Ltd. was incorporated 10 years back. The Board of directors now wants to
change its name to Ria Systems Ltd. Draft a notice and the explanatory statement for calling an
extraordinary general meeting of the company for change of its name, assuming relevant data.
[Dec. 2016 (4 Marks)]

31. Board of Directors of Day Night Prakashani Ltd. decide to shift its registered office of the
company from Mumbai to National Capital Region (NCR). The Board has approved the change. The
Board has to seek the approval of the members of the company for going ahead with the legal
formalities as required under the Companies Act, 2013, for which the extraordinary general
meeting of the members is scheduled to be held on 17th June, 2017. In this connection you are
required to draft notice of the EGM for shifting of office outside the state and give explanatory
statement in this regard. [June 2017 (8 Marks)]

32. Surprise Ltd. was incorporated under the Companies Act, 2013. The memorandum of
association of the company in its objects clause stated that the company was established to make
and sell or to carry on the business of mechanical engineers and general contractors. The
company entered into a contract with Prominent Ltd., a firm of railway contractors to finance the
construction of a railway line in Mumbai. The contract was ratified by the shareholders in general
meeting. Subsequently, the contract was repudiated by the company on the ground that the
contract was ultra vires the objects clause.

Prominent Ltd. filed a suit claiming damages for the breach of contract. Explaining the meaning of
doctrine of ultra vires, decide whether Prominent Ltd. will succeed. [Dec. 2015 (4 Marks)]

33. Explain the doctrine of ‘ALTER EGO’ with suitable case law. [Dec. 2018 (4 Marks)]

34. Ria Technologies Ltd. was incorporated 10 years back. The Board of directors now wants to
change its name to Ria Systems Ltd. Draft a notice and the explanatory statement for calling an
extraordinary general meeting of the company for change of its name, assuming relevant data.

[Dec. 2016 (4 Marks)]

35. Board of Directors of Day Night Prakashani Ltd. decide to shift its registered office of the
company from Mumbai to National Capital Region (NCR). The Board has approved the change. The
Board has to seek the approval of the members of the company for going ahead with the legal
formalities as required under the Companies Act, 2013, for which the extraordinary general
meeting of the members is scheduled to be held on 17th June, 2017. In this connection you are
required to draft notice of the EGM for shifting of office outside the state and give explanatory
statement in this regard. [June 2017 (8 Marks)]

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 4
LEGAL STATUS OF REGISTERED COMPANY

1. Two companies are incorporated with the same set of shareholders. Are they same or distinct
under the Companies Act, 2013? Discuss. [June 2008 (4 Marks)]

2. Common Seal acts as the official signature of a company. Comment. [Dec. 2009 (5
Marks)], [Dec. 2013 (5 Marks)]

3. Vayu Ltd. holds more than 50% of nominal value of the equity capital of Stream Ltd. In these
circumstances, Stream Ltd. wants to become a member of Vayu Ltd. Can Stream Ltd. do so? Discuss
the rights of the said subsidiary in such a case. [Dec. 2009 (4 Marks)]

4. State the disadvantages of company form of organization. [June 2010 (4 Marks)]

5. Distinguish between : Company & Corporation [June 2010 (4 Marks)], [June 2011
(5 Marks)]

6. Distinguish between : Holding and Subsidiary Companies [Dec. 2010 (4 Marks)]

7. The managing director and other directors of the company are not liable to be sued for the dues
against the company. Comment. [June 2011 (5 Marks)]

8. A shareholder is personally liable for the acts of the company, if he hold virtually the entire
share capital of the company. [June 2012 (5 Marks)], [Dec. 2013 (5 Marks)]

9. In an annual general meeting of Amar Pvt. Ltd., all the shareholders were killed in a bomb blast.
State, whether the company is still in existence? [Dec. 2014 (4 Marks)]

10. Reliable Ltd. holds 75% of the paid-up share capital in Trust Ltd. Board of Directors of Trust
Ltd. decides and resolves to hold 10% of the paid-up share capital in Reliable Ltd. The Board’s
proposal was also approved by Trust Ltd. in its general meeting. However, certain members of
Trust Ltd. objected to the decision on the ground that both the Board’s proposal and the
resolution of the general meeting are in violation of the provisions of the Companies Act, 2013.
Examine. [Dec. 2015 (4 Marks)]

11. San Industries Private Limited Company has its paid-up share capital of ` 40 lakhs and turnover
of ` 10 Crore as per the last audited Balance Sheet. Examining the provisions of the Companies Act,
2013, decide whether the company will be treated as small company.
What would be your answer in case the company is governed by any special Act? [June 2017
(5 Marks)]

12 TP Private Ltd. Company registered under the Companies Act, 2013 with paid up capital of ` 35
lakh and turnover of ` 2.5 crore. Explain the meaning of “Small Company” and examine the
following in accordance with the provision of the Companies Act, 2013 : [Dec. 2019 (5 Marks)]

13. Members of a company incorporated under the Companies Act, 2013 are the agents of the
company. Therefore, the company can be held liable for their acts. Comment. [Dec. 2017 (5
Marks)]

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 14. ABC Ltd. holds 75% equity share capital of DEF Ltd. and controls composition of Board of
Directors of DEF Ltd. ABC Ltd. goes for public issue for raising further share capital. Board of
Directors of ABC Ltd. allot 10% of the issue to DEF Ltd. Referring to the provisions of the
Companies Act, 2013 examine the validity of Board’s decision to allot 10% of issue to DEF Ltd. DEF
Ltd. holds certain number of shares as a legal representative of a deceased member of ABC Ltd.
and has a right to vote at a general meeting of ABC Ltd. in respect of such shareholding, will this
right be affected by issue of 10% to DEF Ltd. by ABC Ltd.? [Dec. 2017 (4 Marks)]

15. Separate personality of a company is a statutory privilege and it must be used for legitimate
business purposes only. Discuss. [Dec. 2008 (4 Marks)], [Dec 2014 (4 Marks)]

16. Rani is a wealthy lady enjoying large dividend and interest income. She has formed three
private companies and agreed with each of them to hold a block of investment as an agent for it.
Income received was credited in the accounts of the company but the company handed back the
amount to her as a pretended loan. This way, she divided her income in three parts in a bid to
reduce her tax liability. Discuss the legality of the purpose for which the three companies were
formed. [June 2010 (5 Marks)]

17. Explain clearly the meaning of ‘lifting of corporate veil’ in relation to a company incorporated
under the Companies Act, 2013. Examining the judicial decisions, state whether ‘corporate veil’ can
be lifted in the following cases :
(a) Where the corporate veil has been used for improper conduct and
(b) Where the acts of a company are opposed to workmen? [Dec. 2015 (4 Marks)]

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 5
FORMATION OF LLP
1. What are the salient features of the Limited Liability Partnership (LLP)? [June 2009
(8 Marks)], [Dec. 2009 (6 Marks)]

2. A Limited Liability Partnership can become member in a company incorporated under the
provisions of the Companies Act, 2013. A Limited Liability Partnership can become member in a
company incorporated under the provisions of the Companies Act, 2013. [June 2017 (5
Marks)]

3. There are no shareholders in limited liability partnership, instead there are partners.
Comment. [June 2010 (5 Marks)]

4. Mohan has been appointed as a passive partner in the Limited Liability Partnership (LLP). He
seeks your advice on the responsibilities of the designated partner where the LLP has
contravened the provisions of the LLP Act, 2008. Referring to the provisions of the LLP Act, 2008
advise him in the matter. [June 2018 (4 Marks)]

5. A limited liability partnership registered in Singapore is proposing to establish a place of

business in Mumbai. Comment. [June 2013 (5 Marks)]

6. As a Practicing Company Secretary, advise your client regarding annual compliance

requirement to be followed by the LLP. [Dec. 2018 (5 Marks)]

7. Financial Statements of the Limited Liability Partnership are not mandatorily required to be
audited by a Chartered Accountant. Comment. [June 2019 (5 Marks)]

8. Aryan & Aarav, an LLP having turnover of `45 lakh and contribution of the partners exeeding `30
lakh in F.Y. 2018-19 is seeking your advice in the following matters :
(i) Is dividend distribution tax applicable on LLP ?
(ii) Is LLP subjected to audit ? State the reason.
(iii) Is LLP eligible to raise loan from ABC Ltd., a foreign bank ?
(iv) State Offences & Penalties for non-filing of financial statements under the LLP Act, 2008.
[Dec.2019(4 marks)]

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 6
DIFFERENT FORMS OF BUSINESS ORGANIZATIONS &
REGISTRATION
1. Ankur has passed out MBA from a premier institution. He wants to become an entrepreneur but
he is confused in choosing the form of ownership. Advice Ankur on the aspects which he should
consider before deciding the form of ownership. [Dec. 2018 (4 Marks)]

2. Write a short note on : Registered partnership. [Dec. 1994 (5 Marks)]

3. A, B & C are partners. They admit D, a minor, to the benefit of partnership. Within the six month
of attaining majority, D gives a public notice that he has become a full-fledged partner. But all
other partners refuse to take him. Can D become a partner or not? Give reason. [June 1996
(5 Marks)]

4. A, B & C, who are partners of an unregistered firm, sell washing machine to D for ` 10,000 on
credit basis. After some time, the firm purchases form D a photocopying machine for ` 40,000 on
credit basis. On failure to pay the price, D files a suit against the firm, but the firm insists that the
amount of ` 10,000 should be adjusted against the claim in question. Will the firm succeed? Give
reasons. [Dec. 1997 (3 Marks)]

5. Aman and Barun are partners carrying on the business of shoe making. Their firm is not
registered. The firm purchases raw material worth ` 20,000 on credit from Chetan. But the firm
refuses to pay the price of raw material on the plea of its non-registration. Chetan institutes a suit
against the firm to claim the amount due. Will Chetan succeed? Give reasons. [June 2005
(5 Marks)]

6. Rohit is not a partner in a particular firm. But, he knowingly permits himself to be represented
as a partner of that particular firm to Sanjay, who on the faith of such a representation gives credit
to the firm. Is Rohit liable as a partner in the firm? [Dec. 2005 (5 Marks)]

7. Explain the position of a minor in a partnership firm. [June 2007 (5 Marks)]

8. What are the effects of non-registration of a partnership firm? [June 2007 (5

Marks)]

9. There can be different kinds of partners. State briefly about any five kinds of partners.
[Dec. 2008 (5 Marks)]

10. Write a short note on : Sleeping or dormant partner [June 2009 (5 Marks)]

11. “Registration of partnership firm is not compulsory, yet it is desirable.” Comment. [June 2010
(5 Marks)]

12. Define ‘partnership’. Discuss the essential elements of partnership. [June 2010 (5
Marks)]

13. Partnership can be formed according to the nature of agreement amongst partners. Explain.
[Dec. 2018 (4 Marks)]

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 14. Paramvir & Associates, a firm of practicing professional consists of Ashok, Paramvir and Vir
having one third share each in the firm. According to Ashok and Paramvir, the activities of Vir are
not in the intrest of the firm and thus want to expel Vir from the firm. Advice Ashok and Paramvir
whether they can do so quoting the relevant provisions of the Indian Partnership Act, 1932.
[June 2019 (4 Marks)]

15. Prathik has studied about mass farming and is keen in uniting farmers in various states by
farming a Multi State Co-operative Society. Brief Prathik on the documentary requirements for
formation of Multi State Co-operative Society and the Authority with whom the application needs
to be filed. [Dec. 2019 (5 Marks)]

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 7
FORMATION &
REGISTRATION OF NGO’S
1. A company may be formed without using the words ‘Limited’ or ‘Private Limited’ at the end of
its name. Comment. [June 1995 (5 Marks)]

2. Ehsan along with his nine friends desires to incorporate a Company, not for profit, for the
protection of environment, as permissible under the Companies Act, 2013. Advise them on
procedural aspect for the incorporation and formation of such company. [Dec. 2018 (5
Marks)]

3. Write short note on : Constructive Trust [June 1995 (5 Marks)]

4. Discuss the ‘Certainties of a Trust’. [Dec. 1996 (5 Marks)]

5. Aditya transfers his property in trust in favour of Raman with the direction that the trust
property be used for the business of contraband opium and out of the profits of this business,
maintenance may be given to Aditya’s children. Is this a valid trust? [Dec. 2000 (4 Marks)]

6. Distinguish between : Revocable & Irrevocable Trusts [June 2007 (4 Marks)]

7. Distinguish Between : Trust & Agency [Dec. 2010 (4 Marks)]

8. Amitabh has executed a trust deed for the creation of a cancer hospital in his village for the
treatment of cancer patients in the nearby area. But there has already been a hospital for the
treatment of such patients in that area for the last 50 years. Ironically, with all other facilities to
the public, there is no medical college in the vicinity of that area. Thus, in the midst of such
circumstances, whether the creation of another cancer hospital would be fruitful for the public at
large or whether it would be desirable to open medical college. Advise a suitable device through
which the purpose of the trust deed may be saved and materialized. [Dec. 2002 (5 Marks)]

9. Write a note on : Doctrine of Cy pres [Dec. 2007 (4 Marks)], [Dec. 2012 (4 Marks)]

10. A, a society registered under the Societies Registration Act, 1860 with a view to amalgamate
with another registered Society, convened a general meeting of the members. At the meeting, the
secretary of the Society placed before the members, the intention of the governing body and the
special resolution regarding amalgamating. Out 100 members of the Society, 99 members were
present in the meeting. The resolution was put to vote and 51 members voted in favour of the
resolution. Discuss whether Society a can effect amalgamation with the said Society on the
strength of the resolution. Give reasons for your answer. [Dec. 1994 (5 Marks)]

11. A is not permitted to cast vote in the general meeting of a Society on the ground that he failed
to pay his membership subscription for a period of seven months. A challenges the validity of this
action. His plea is that being a member of Society he has right to cast his vote. Will he succeed?
[Dec. 1997 (4 Marks)]

12. A Society registered under the Societies Registration Act, 1860 has State Government also as
its member. The 3/5th of other member of the Society passed a resolution to dissolve the society
forthwith can State Government challenge this resolution and if, so on what ground? [June 1999
(4 Marks)]

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 13. Five persons subscribed their signatures to the memorandum of association for the purpose of
forming a society for paying expenses on education of poor students studying in Government
school. They fulfilled all requirements for registration. Will the Registrar register the Society?
[Dec. 1999 (4 Marks)]

14. Mohan is a member of a registered Society and has regularly paid his subscription up to March,
2019. Thereafter, he fails to pay any subscription. In a meeting of the Society convened on 30th
June, 2019. Mohan is not permitted to participate in the meeting and to cast his vote. Is the action
justified? [Dec. 2000 (4 Marks)]

15. Discuss the powers of Societies to alter, extend or abridge their purposes. [Dec. 2001 (4
Marks)]

16. For the purpose of dissolution of a society under the Societies Registration Act, 1860. A general
meeting of the member of the Society was convened. In that meeting, a proposal for dissolution of
the Society was placed by majority of the members. The said proposal was passed by three-fifth of
the member of the Society present and voting. Is the dissolution valid? [Dec. 2001 (4
Marks)]
17. Explain the provision and procedures relating to registration of Societies under the Societies
Registration Act, 1860. [June 2002 (3 Marks)]

18. An application for registration of Society named Kautilya Institute of Legal Education &
Training is submitted under the Societies Registration Act, 1860. A copy of memorandum of
association and bye-laws is enclosed along with the prescribed fee. The registrar refused to
register the society on the ground that memorandum of association is not signed by seven
members. Is the refusal justified. [June 2003 (4 Marks)]
19. Alka Society was registered by seven individuals comprising relatives and close friends in
2018 for diffusing of political knowledge among the youth. It has now assets amounting to over ` 5
Crore. In whom does the property vest? Refer to relevant provisions and case law, if any, under the
Societies Registration Act, 1860. [June 2014 (5 Marks)]
20. State the provisions of the Societies Registration Act, 1860 relating to ‘suits by and against
society’. [June 2015 (5 Marks)]

21. Discuss the legal provisions for dissolution of society under the Societies Registration Act,
1860. [Dec. 2014 (4 Marks)]
22. What are rights and liabilities of ‘member’ of society registered under the Societies
Registration Act, 1860? [Dec. 2015 (3 Marks)]
23. Moorthy wants to from a society to promote the ‘Beti Bachao, Beti Padao Movement’ of
Government of India. He seeks your advice on the following:
(i) The purpose for which a society can be formed under the Societies Registration Act, 1860;
(ii) Whether the foreigners and other registered societies can be member of a society?
[June 2019 (4 Marks)]

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 8
FINANCIAL SERVICES ORGANIZATION & ITS
REGISTRATION PROCESS

1. Rakesh is interested to form a Non-Banking Financial Company (NBFC) for carrying business of
providing micro finance in the rural areas in the name of ‘SABKO Loan Company Ltd.’. Advice him
about the various categories of NBFCs and let him know as to which category of NBFC will suit him
for applying the license. [Dec. 2018 (5 Marks)]
2. ‘Asset Reconstruction Companies are created to manage and recover NonPerforming Assets’ —
Comment referring the functions and benefits of Asset Reconstruction Companies. [Dec.2019
(4 marks)]

3. “Concept of self help group” is the most exciting discovery in the context of Microfinance.
Explain the terms and features of microfinance [Dec.2019 (4 marks Each)]

4. Ragavi and her six more relatives and friends want to incorporate a Nidhi Company. They seek
your advice on the following issues with respect to the formation of company:
(i) Whether Nidhi Company can be formed as a private company? Is there any specific law for
the Nidhi Companies?
(ii) Whether the approval of Reserve Bank of India (RBI) is required?
(iii) Whether Nidhi is allowed to raise funds through issue of equity shares and preference
shares?
(iv) Whether Nidhi is allowed to carry on business other than the business of borrowing or
lending in its own name?

As a practicing Company Secretary, advise with reference to the provisions of the Companies Act,
2013. [June 2019 (4 Marks)]

5. Payment Bank is a new model of banks conceptualized by the Reserve Bank of India. Elucidate.
[Dec. 2018 (4 Marks)]

6. Easy Finance Ltd. is willing to enter into banking business via “Payment Bank”. The Board of
directors of the Company seeks your advice with respect to the required criteria to be fulfilled by
the company with respect to the following:
(i) Application for licence
(ii) Minimum capital requirement
(iii) Voting rights of shareholders
(iv) Services that can be undertaken by the bank [Dec. 2018 (4 Marks)]

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 9
STARTUPS & ITS REGISTRATION
1. Amar is young entrepreneur willing to establish an incubator setup in the space of IT, software
development, cloud computing or hardware/software maintenance. Advice Amar regarding
benefits available to entrepreneurs in establishing Startups. [Dec. 2018 (5 Marks)]

2. ‘Startup India’ imitative has been started by the government of India for creating conducive
environment for startup in India. Explain the pre-conditions for determining an entity as a startup
venture. [Dec. 2018 (4 Marks)]

3. ABC Private Ltd., a Startup company, received an amount of ` 25 lakh in single tranche from an
investor by way of a Note, convertible into equity shares (convertible after 3 years but within 5
years from the date of issue). CFO of the company was of the view that the said amount is not a
deposit. In the light of the statutory provisions, explain whether the view of the CFO is correct?
[June 2019 (5 Marks)]

4. Pawan incorporated a Private Ltd. Company in the year 2016 for carrying on the business of
supplying freshly chopped vegetables to various food chains in and around New Delhi NCR. He
wants his entity to be recognised as a start-up. Advise the process to be followed by him for
recognition of his company as a start-up.[Dec.2019 (4marks)]

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 10
BUSINESS COLLABORATION
1. Ram, an NRI resident in Nepal, is interested to invest in shares and convertible debentures of an
Indian company. Advice with reference to FEMA.
[June 2009 (1 Mark)]

2. Global Education Network, Pakistan based Education Company wants to set-up equity based
joint venture in India. As a professional in India, Company seeks your advice about various
restrictions under the Foreign Direct Investment (FDI) of Government of India that a foreign
entity may face. Advice. [Dec. 2018 (4 Marks)]

3. Global Infra Ltd., an Indian Entity, is in the process of drafting a joint venture agreement for
forming Joint Venture (JV) with a foreign company based out of Singapore to expand its business
outside India. Advise on the key issues which parties to the agreement should consider while
drafting the JV Agreement. [Dec. 2018 (4 Marks)]

4. ‘Every Equity based joint venture gives birth to a new entity’. Discuss in brief the different types
of entities which are permitted by Government of India to form a joint venture entity. [June 2019
(4 Marks)]

5. ‘Joint Ventures can be extremely valuable and chances of their failure can be reduced to a great
extent, if strategically formed’ — Comment on important strategies of joint venture.
[Dec.2019(4 marks)]

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 11
SETTING-UP OF BUSINESS OUTSIDE INDIA AND ISSUES
RELATING
THERETO
1. ABC Ltd., a company listed on the National Stock Exchange, is interested in investing in a
company in the USA. [June 2009 (3 Marks)]

2. An Indian company engaged in financial sector is interested in making investment in banking

business abroad. Advise with reference to FEMA. [June 2010 (1 Mark)]

3. Aadarsh Education Society, engaged in education sector, intends to make investment in the
education sector in a joint venture in USA. Comment. [June 2012 (1 Mark)]

4. An Indian company intends to make direct investment in a joint venture outside India. Advise
with reference to FEMA. [Dec. 2012 (1 Mark)]

5. Rajiv, a person resident in India, wishes to acquire foreign securities as qualification shares
issued by a company incorporated outside India for holding the position of a director in the
company. Advise with reference to FEMA. [Dec. 2011 (1 Mark)], [Dec. 2012 (1 Mark)]

6. Discuss the method of funding of foreign direct investment under the Foreign Exchange
Management Act, 1999. [Dec. 2014 (5 Marks)]

7. Divesh Digital Network LLP wants to expand its business through investment in an overseas
Joint Venture (JV) or/and Wholly Owned Subsidiary (WOS). The partners of the firm seek your
advice about the various sources/modes of funding through which overseas investment can be
made. Advice them in the light of the provisions of the Foreign Exchange Management Act, 1999.
[June 2019 (4 Marks)]

8. Choice of business locations outside India involves consideration of many factors. Comment.
[June 2019 (4 Marks)]

9. Your Company proposes to enter into Joint Venture outside India and the Management of the
Company wants to know from you various methods/modes available for funding the joint venture.
[Dec.2019 (4 Marks)]

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 12
PROCEDURE OF CONVERSION OF BUSINESS ENTITIES
1. Tuff Ltd. is a private limited company, which was registered in the year 2001. After 20 years of
existence as a private company, the said company now wants to convert itself into a public limited
company. Is it possible? If yes, explain the procedure to be adopted to give effect to decision of the
Board of directors of the company. [Dec. 2009 (6 Marks)]

2. BS & Co. Ltd. is registered as a public company. The shareholding pattern of the company is as
under:

Category Nos.

Directors and their relatives 144

Employees 72

Ex-employees (shares were allotted when they were employees) 36

Twenty four couples holding shares jointly in the name of husband 48

& wife (24 × 2)

Others 24

324

The Board of Directors of the Company proposes to convert it into a private company. Advise the
Board of directors about the steps to be taken for conversion into a private company including
reduction in the number of members, if necessary, as per the Companies Act, 2013.
[Dec. 1998 (10 Marks)]

3. An unlisted Public Ltd. Company is having 220 members, 5 directors and is having public deposits
of ` 5 crores and shareholders deposits of ` 3 crores (paid-up capital is ` 1 crore and free reserves ` 1
crore and Bank Loan ` 2 crores) is proposing to convert it into a Private Ltd. Company. Mention
conditions to be satisfied before conversion of the Company into Private Ltd. Also list out important
procedures to be complied for such conversion. [Dec.2019(5 marks)]

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 B
PART

REGISTRATION, LICENSES
& COMPLIANCES
(35 Marks)

13
VARIOUS INITIAL REGISTRATIONS & LICENSES
1. Any corporate body doing business in India requires a PAN card whether it is registered in India
or not. Elucidate. [Dec. 2018 (3 Marks)]

2. Registration under the Central Goods & Services Tax Act, 2017 is made compulsory in certain
cases, irrespective of the aggregate turnover. Explain. [Dec 2018 (4 Marks)]

3. Ramesh has purchased a shop in local market of New Delhi and wants to setup a business of
electronic goods. Is he required to get his shop registered under the Shops and Establishment Act?
If so, advice him with the procedure. [Dec. 2018 (3 Marks)]

4. Bermuda Sports Manufacturing Unit, a Micro and Small Enterprise, seek registration under the
Single Point Registration Scheme of NSIC. State the various benefits/facilities available to the
registered units. [June 2019 (3 Marks)]

5. Abhishek has recently been appointed as Finance and Legal Compliance Officer of a Charitable
Organization - doing palliative care service to aged persons, seeks to receive foreign funds, has
approached you to find out the eligibility criteria for obtaining registration. Brief him on the
provisions of the Foreign Contribution (Regulation) Act, 2010 on the eligibility criteria for
registration. [June 2019 (3 Marks)]

6. Rajkumar is running a business of handicraft in Jaipur. He has explored some opportunities for
handicraft products aboard and he wants to encash the huge demand outside India for such

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 products. He seeks your advice whether he would be required to get himself registered with
Directorate General of Foreign trade (DGFT) for exporting goods. If yes, what are all the
documents required for such registration? Also enlighten him the features available from such
registration. [June 2019 (5 Marks)]

7. Whether registration of copyright is compulsory? Whether non registration deprives the owner
of his right to bring both a civil and criminal action against on offence of infringement?
[Dec. 2000 (4 Marks)]

8. ABC Ltd. is planning to enter into the business of insurance for which Board of Directors of the
Company seeks your advice about the norms in respect of paid-up equity capital for carrying out
the business of insurer. Advise them accordingly with reference to provisions of the Insurance Act,
1938 as amended by Insurance Regulatory and Development Act, 1999. Also state the items that
are excluded in determining the amount of paid-up equity capital of an insurer under the said Act.
[Dec. 2018 (3 Marks)]

9. List out the grounds under which the Insurance Regulatory and Development Authority of India
(IRDAI) is compulsorily required to cancel the Certificate of Registration for Insurer/Insurance
business. [June 2019 (3 Marks)]

10. Aravind has recently completed Telecommunications engineering and he is keen in starting his
own venture for Telecommunication support services. He has heard about OSP License and
approached you to get more information on it. Brief him, on the purpose, authority authorised to
issue such license, documents necessary for making application and compliance after registration.
[Dec.2019(5 Marks)]
11. Which industries come under the purview of compulsory licensing as per New Industrial
Policy, 2015? [Dec. 2018 (3 Marks)]

12. Write a short note on : Industrial Entrepreneurs Memorandum (IEM) [June 2019
(3 Marks)]

13. Bhaskar is presently running a business of finance. He has planned to promote an

Infrastructure Finance Company along with his friends. He seeks your advice to know whether it is
a Non-Banking Finance Company requiring Reserve Bank of India’s registration and criteria to be
satisfied by such Company. Also clarify on how Net owned Fund is calculated.
[Dec.2019 (5 Marks)]

14. What are the circumstances under which RBI may cancel the license granted to a banking
company regulated under the Banking Regulation Act, 1949. [Dec.2019 (3
Marks)]

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 14
MAINTENANCE OF REGISTERS & RECORDS
1. What are the statutory books prescribed under the Companies Act, 2013? [June 2004
(4 Marks)], [June 2009 (8 Marks)]

2. Who are responsible for keeping the books of account a company? What are the liabilities
imposed on them for their failure in this regard? [Dec 2004 (6 Marks)]

3. Distinguish between : Statutory Books & Statistical Books [June 2011 (3 Marks)],
[June 2012 (4 Marks)]

4. A company having its registered office in New Delhi wants to maintain its books of accounts at
its factory in Kolkata. Comment. [June 2001 (4 Marks)]

5. Chatur is a director of Hopes Ltd., a public limited company, registered under the Companies
Act, 2013. He wants to inspect the books of account and other books and papers of the company.
Can he do so? Will your answer be different, if the director wants to inspect the books of account
through an agent? [June 2011 (4 Marks)]

6. Write a short note on : True and fair view [Dec. 2011 (4 Marks)]

7. It is not obligatory for every company to preserve its books of account. Comment. [June 2012
(5 Marks)]

8. The power of directors to approve the financial statement can be delegated to a committee of
directors or some of the directors. Comment. [June 2012 (5 Marks)]

9. The Board of directors of Grow More Ltd., a public company, has duly delegated its power to
approve the financial statement of the company for the year 2019-2020 to a committee of
directors. The said committee considered the financial statement and approved the same before
the financial statement were handed over to the statutory auditor of the company. Will you accept
such approval of financial statement? [June 2012 (5 Marks)]

10. What are the provisions relating to laying and adoption of financial statements? Explain the
law relating to authentication of financial statements. [Dec. 2012 (5 Marks)]

11. An auditor of a company signed the balance sheet, profit & loss account and schedules/notes
and furnished the auditor’s report on the same date on which the reports were signed by the
directors on behalf of the board. On the director raised objection stating that the audit cannot be
completed and certified in a day. Do you agree with directors and if not, why? [Dec. 2012
(5 Marks)]

12. Where a company has a branch office, whether in India or abroad, the original books of
account, records, etc. of the branch office will have to be maintained in the registered office of the
company. [June 2013 (5 Marks)]

13. A director has absolute right of inspection of books of account. Comment. [Dec. 2013 (4
Marks)]

14. Vir is a director in DJA Ltd. The company holds 75% shares of MRN Ltd. Vir wants to inspect the
books of MRN Ltd. Examining the provisions of the Companies Act, 2013 advise whether Vir, the
director of DJA Ltd. can be allowed to inspect the books of MRN Ltd. [June 2015 (4 Marks)]

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 15. Financial statements shall be signed by only by the Chairperson of the company. Explain.
[June 2015 (4 Marks)]

16. Adorable Ltd., incorporated under the Companies Act, 2013 has on its Board, 5 directors and a
Managing Director. The company has also appointed a Company Secretary. The financial
statements of the company, viz., balance sheet and statement of profit and loss for the year ended
31st March, 2015, were authenticated under signatures of one director and the Company
Secretary.

Referring to the provisions of the Companies Act, 2013, examine the validity of authentication.
What shall be your answer in case the company in question is a ‘one person company’? CS
(Executive) - Dec 2015 (4 Marks)

17. Prudent General Insurance Company Ltd. is engaged in the general insurance business. The
company is not listed in any stock exchange in India but is a subsidiary of Reliable General
Insurance Company Ltd., listed at Bombay Stock Exchange. The turnover of Prudent General
Insurance Company Ltd. is ` 330 Crore. Examining the provisions of the Companies Act, 2013, state
whether the company is required to file XBRL enabled balance sheet. [June 2016 (4
Marks)]

18. Referring to the provisions of the Companies Act, 2013, explain whether the Company
Secretary being a Chief Financial Officer of the company can be held liable for maintenance of
books of account of the company. [June 2016 (4 Marks)]

19. Pioneer Fisheries Ltd. has borrowed an amount of ` 50 Crore from a financial institution. The
annual general meeting of the company was held on 1st September, 2015. Examining the
provisions of the Companies Act, 2013, state as to who will sign and certify the annual return
while filing the same with the Registrar of Companies after the annual general meeting.
[June 2016 (4 Marks)]

20. Suresh, a member of Ruchi Ltd., wants to inspect the register of deposits maintained by the
company as required under the provisions of the Companies Act, 2013. The company refused to
provide the register for inspection without assigning any reason. Referring to the provisions of the
Act, examine the validity of the company’s refusal. What shall be your answer if the same Register
is demanded by the statutory auditors of the company for inspection and for their audit?
[Dec. 2016 (4 Marks)]

21. Board of Directors of Anil Limited has decided not to preserve the books of account and other
related records of account, for more than five years immediately preceding the relevant financial
year of 2016-2017 due to shortage of space in the office premises.

22. CIF Techno-systems Private Ltd. is proposed to be incorporated in Bhubaneshwar, Orissa

under the Companies Act, 2013. The company will be a holding company of CIF Holding Private
Ltd., already incorporated in Brazil under the Company Law of Brazil. The company in Brazil
follows financial year 1st January to 31st December of a calendar year. Referring to the provisions
of the Companies Act, 2013, state whether the financial year of CIF Techno-system can also be 1st
January to 31st December, in order to make it easier to prepare consolidated financial statements.
[June 2017 (4 Marks)]

23. Pratham Food Trading Pvt. Ltd. has a paid-up share capital of ` 50 lakh and turnover of ` 1.2
Crore in the last financial year 2018-2019. The company has filed its annual return for the
relevant financial year signed by only one director of the company. With reference to provisions of
the Companies Act, 2013, analytically comment whether the act of the company is in order?
[Dec. 2018 (4 Marks)]

24. A private limited company in the process of dissolution stops maintaining statutory registers.
Company argues that since they are in the process of dissolution, there is no need to maintain

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 statutory registers. What is the validity of the argument? Explain the consequences of non-
maintenance of such registers. [Dec. 2018 (3 Marks)]

25. TPS Pvt. Ltd. incorporated on 1st August, 2017 having its registered office at Saket, New Delhi.
Management of the Company kept some of the statutory records in the other branch of the
Company in Janakpuri, New Delhi. Explain whether Company is eligible to keep its statutory
records at place other than its registered office under the Companies Act, 2013. [Dec 2019
(3 marks)]

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 15
IDENTIFYING LAWS APPLICABLE TO VARIOUS
INDUSTRIES AND THEIR INITIAL COMPLIANCES
1. Harischamder wants to starts a manufacturing business but he is not able to decide on the form
of business (Type of Business Entity). He seeks your advice about the legal implication and
requirements for the various business forms in India on the basis of following parameters.
(i) Registration
(ii) Members liability
(iii) No. of members required
(iv) Taxation
(v) Legal status [June 2019 (5 Marks)]

2. Write a short note on : Labour Welfare Fund for social assistance to workers [June 2019
(3 Marks)]

3. Prabhat is proposing to start a new business wants to know from you the mandatory annual
compliances for an LLP and a partnership firm. [Dec.2019 (3 marks)]

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 16
INTELLECTUAL PROPERTY LAWS

1. What is meant by ‘Industrial Property’ under the Intellectual Property Rights (IPRs)?
[June 2015 (3 Marks)]

2. Two persons applied for registration of the same trademark at the same time. In such case, how
the proprietor of trademark will be decided? [June 2005 (5 Marks)]

3. Explain the term ‘Well Known Trademark’ as per Trademark Act, 1999. [Dec. 2008 (3
Marks)], [Dec. 2014 (5 Marks)]

4. Distinguish between : Collective Trademark & Certification Trademark [Dec. 2009

(5 Marks)]

5. Distinguish between : Trademark & Certification Trademark [Dec. 2010 (5

Marks)], [June 2013 (5 Marks)]

6. Distinguish between : Infringement of trademark and Passing off [June 2011 (5

Marks)]

7. What do you understand by ‘Collective Trademark’? Also state the provisions applicable to the
collective marks under the Trademark Act, 1999. [Dec. 2011 (5 Marks)]

8. State the absolute grounds for refusal of registration of trademark. [Dec. 2013 (3
Marks)]

9. Explain the meaning of the term ‘certification trademark’ under the Trademarks Act, 1999.
[Dec. 2015 (3 Marks)]

10. What is ‘trademark’? Comment on the benefits of trademark to all stakeholders. [Dec. 2016
(5 Marks)]

11. Pankaj, Director of M/s Mustered Oil Manufacturing Company, seeks your advice for the
selection of a trademark which he proposes to be used for its products. Describe various natures
of trademarks and which trademarks are considered as strong in nature. [Dec. 2018 (5
Marks)]

12. Govind, has newly started a ready to eat food products manufacturing company. He seeks your
advice for the selection of a trademark for his products. Brief him with example on the following
categories of trademarks referring to the provisions of the Trademark Act, 1999:
1. Generic marks
2. Descriptive marks
3. Suggestive marks
4. Arbitrary marks
5. Invented/Coined marks
Also suggest him which Category or Categories are strong and which are weak with respect to
protection of Trademark rights. [June 2019 (5 Marks)]
 13. Write a short note on : Enforcement of Trademark Rights [June 2019 (3 Marks)]

14. Tony Singh is a popular stage performer and M/s Pon Sun Studios, Chandigarh is having all the
rights, titles and interests in the personality of the artist along with the trade. A company started
selling miniature toys of Tony Singh to encash his popularity. In the light of statutory provision,
examine the remedy available against company for infringing Tony Singh’s right to publicity
[Dec.2019(3 Marks)

16. What are the grounds for prohibition of registration of geographical indications under the
Geographical Indications of Goods (Registration & Protection) Act, 1999? [Dec. 2014 (5
Marks)]

17. Registration of certain design is prohibited under the Design Act, 2000. Discuss. [Dec. 2015
(3 Marks)]

18. What do you understand by infringement (piracy) of registered design? [June 2014 (3
Marks)], [Dec. 2016 (3 Marks)]

19. One of the objectives of the Design Rules, 2001 is to enable protection of newly created designs
applying to an article manufactured by a particular industrial process ? Elucidate.
[Dec.2019(3 Marks)]
20. State the work in which copyright subsist and the work in which it does not subsist?
[Dec. 1999 (7 Marks)], [Dec. 2000 (6 Marks)]
21. State whether a copyright in a future work can be assigned and if so, can the assignment be
done for a part of the term of the copyright? [Dec. 2000 (2 Marks)]
22. State whether assignment of copyright shall be writing or not? [Dec. 2000 (2
Marks)]
23. Manish assigned the copyright of his book to his nice Sujata in 2017. In 2019, due to some
misunderstanding between them, Manish wants to revoke the assignment. Sujata contends that
she has not made any fault and that she had helped a lot and there is no ground for revocation of
assignment. Decide. [Dec. 2002 (6 Marks)]
24. Whether registration of copyright is compulsory? Whether non-registration deprives the
owner of his right to bring both a civil and criminal action against on offence of infringement?
[Dec. 2000 (4 Marks)]
25. What do you understand by ‘infringement of the copyright’? [June 2006 (5
Marks)]
26. Write a short note on : Term of Copyright [Dec. 2010 (3 Marks)]
27. Discuss the provisions of the Copyright Act, 1957 relating to infringement of a copyright.
[June 2012 (5 Marks)]

28. The Copyright Act, 1957 provides for civil remedies for infringement of copyright. Comment.
[June 2008 (5 Marks)], [June 2013 (3 Marks)]
29. Discuss the classes of work for which copyright protection is available under the Copyright Act,
1957 duly amended from time to time. [Dec. 2018 (3 Marks)]
30. Prof. Ritika Verma has authored a book ‘IFRS - A Practical & Simple Approach’. She wants to get
copyright of the same under the Copyright Act, 1957. Advice Ritika on the rights that are protected
to her after obtaining the copyright of the book. [Dec. 2018 (3 Marks)]
31. In the light of the provisions of the Copyright Act, 1970, in the following cases who are the
owners of the copyrights:
(i) Musical Sound Recordings;

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 (ii) Works by Journalists. [June 2019 (3 Marks)]
32. Preerna has taken some books from Library and she wants to reproduce “Verbatim” some pages
from the book of her Ph.D. thesis. She would like to know from you whether she will be violating
any Copyright protection in doing so. Also brief her exceptions available to protect the interest of
the users under Copyright law. [Dec.2019(3 Marks)]
33. Who are entitled to make application for patent? [June 2007 (5 Marks)]
34. Distinguish between : Invention & Patentable Invention [June 2008 (4 Marks)],
[June 2009 (5 Marks)]
35. Mention any five inventions which are not patentable under the Patents Act, 1970. [Dec. 2008
(5 Marks)]
36. Does patent obtained in India gives worldwide protection? [Dec. 2012 (5 Marks)]

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 17
COMPLIANCES UNDER
LABOUR LAWS

1. A factory owner was prosecuted for refusing to employ experienced women workers in his
factory processing cotton through cotton openers. He pleaded bar of Section 27 of the Factories
Act, 1948 in his defence. Will he succeed? Will it make any difference if the cotton openers are
located in a separate for off portion of the factory? [Dec 1994 (5 Marks)]

2. 45 workers of a canteen run by workers co-operative in an ordinance factory claimed that the
factory manager should provide rest rooms for the workers required under section 47 of the
Factories Act, 1948. The manager refused. Comment. [Dec 1994 (5 Marks)]

3. State the provisions of the Factories Act, 1948 relating to ‘employment of children’. [June 1998
(5 Marks)], [Dec 2001 (6 Marks)]

4. What are the elements necessary to constitute a factory under the Factories Act, 1948?
[June 2002 (5 Marks)]

5. State the provisions of the Factories Act, 1948 relating to ‘annual leave with wages’. [Dec 2003
(5 Marks)]

6. Navratna Public Sector Undertakings have factories throughout the country. These
undertakings have an impeccable record of best welfare measures and working conditions. Do
these undertakings still required to appoint welfare officers in their factories? [Dec. 2007
(3 Marks)]

7. Mamta Coir Foam Ltd. was having 25 workers during previous year 2019-2020 and they are in
the process of reviewing the compliances under the Factories Act, 1948. Advice the company in the
following matters in complying the provisions of Factories Act, 1948:
(i) Weekly & daily hours
(ii) Intervals for rest
(iii) Extra wages for overtime
(iv) Employment of young person [Dec. 2018 (5 Marks)]

8. Srivastva is the owner of a unit manufacturing Beedi in Jabalpur. 22 persons are employed in
the unit. Of these 22 employees, one is a graduate for supervising the work and another
apprentice learning work. The remaining 20 are employed not on the time wage system, but on
the piece work system. Is the unit, a factory within the meaning of the term under the Factories
Act, 1948? [June 2019 (3 Marks)]

9. A factory has 100 male employees and 50 female employees. Factory Manager is keen to know
whether the factory has to provide following welfare to the workers employed as per Factories Act
:
(i) First aid appliances
(ii) Canteens

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 (iii) Creches [Dec.2019 (3 marks)]
10. What are the provisions relating to fixation of normal working hours for normal working day
under the Minimum Wages Act, 1948?
[June 1998 (3 Marks)], [June 1999 (3 Marks)]
11. How are wages for overtime paid under the Minimum Wages Act, 1948? [Dec 1999 (2
Marks)]
12. State the provisions regarding payment of wages, when employee works less than normal
working hours prescribed by the Minimum Wages Act, 1948. [Dec 1999 (2 Marks)]
13. Write a short note on : Philosophy behind the enactment of the Minimum Wages Act, 1948.
[Dec 2008 (3 Marks)], [June 2011 (5 Marks)]
14. Write a short note on : Manner of fixation/revision of minimum wages [Dec 2009 (5
Marks)], [June 2012 (5 Marks)]
15. A company was running into losses and was unable to pay the minimum rates of wages to its
workers. The workers pleaded that the employer must pay them the minimum rates of wages. The
employer (company) intends to go to the court challenging the constitutional validity of the
Minimum Wages Act, 1948. Will the company succeed? [June 2010 (4 Marks)]
16. While working on a machine, a worker accidentally drops a valuable testing appliance which
becomes defective. The employer deducts the value of the appliance from the wages of the worker.
Is the deduction justified under the Payment of Wages Act, 1936? [Dec 2007 (3 Marks)]
17. Are any benefit payable under the ESI Act, 1948 liable to be attached in execution of any
decree of a Court? [Dec 1999 (5 Marks)]
18. Write a short note on : Benefits under the ESI Act, 1948 [Dec 2005 (5 Marks)], [Dec
2009 (5 Marks)]
19. Distinguish between : Sickness Benefit & Medical Benefit [June 2011 (5 Marks)]
20. Sukrit is running small fabrication unit with 5 workers. He is planning for expansion and it may
require addition of 10-15 employees. He is planning to register his business under Employees State
Insurance (ESI) and extend the benefit to allhis employees. He is keen in knowing from you the
benefits available to him as an employer in extending the ESI facilities to his employees
[Dec.2019 (3 Marks)]
21. While employee may increase his share of provident fund contribution, is the employer also
liable to proportionately increase his share of contribution under the Employees Provident Funds
and Misc. Provisions Act, 1952? [June 2002 (3 Marks)]
22. Under what circumstances can provident fund payable to an employee be attached in
execution of a decree of the Court? [Dec 2002 (3 Marks)]
23. An establishment discontinued deduction towards contribution to provident fund from its
employees salary and stopped remitting contribution of its share of provident fund when the
number of its employees on rolls fell to 15. Do the provisions of the EPF, 1952 cease to be
applicable to the establishment under such circumstances? [Dec 2008 (4 Marks)]
24. Define the term ‘excluded employee’ as used in the Employees Provident Fund Scheme, 1952.
[June 2010 (5 Marks)]
25. Galaxy Hotels Ltd., located in Aurangabad (Maharashtra), is covered under the provisions of
the EPF Act, 1952. Recently, it started a new restaurant in Belgaum (Karnataka) where 15
employees were employed. The provident fund authorities demanded contribution in respect of
15 employees in the new establishment contending that it is a part of Galaxy Hotels Ltd. Is the
demand of provident fund authorities justified? [Dec 2010 (4 Marks)]

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 26. Hotel Amravati is managed by a firm employing more than 100 employees and covered under
the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Some of
its partners started a new restaurant in the premises registering the restaurant as a new unit as
per the applicable State enactment. The restaurant employed 15 employees and the management
of restaurant took a stand that the restaurant is a different establishment and is not covered
under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Will it succeed?
[June 2011 (4 Marks)]
27. Does the bonus payable under the Payment of Bonus Act, 1965 carry with it the obligation of
good behaviour of employees? When is an employee disqualified from receiving bonus under the?
[June 1999 (3 Marks)]
28. Tokyo Ltd. carried on three business venture viz. manufacturing sugar, cement and heavy
engineering machinery, locating in three different places in North India. They employed workmen
on different units. One of these units was financially faring ill. The workers of this units demanded
bonus on the basis of treating these three units as one establishment. Can the workmen succeed in
getting bonus? [June 2000 (3 Marks)]
29. A Company could not pay bonus to its employee even after the expiry of six month from the
close of its accounting year. Can the employees sue the employer for this reason? [June 2002
(3 Marks)]
30. During the accounting year 2019-2020, Stingy Ltd. to which the Payment of Bonus Act, 1965
applies, suffered heavy losses. The Board of directors decided not to pay any bonus to its
employees. The employees moved the Court for relief. Will they succeed? [Dec 2005 (3
Marks)]
31. An employee was dismissed from service for an act of misconduct. The company did not pay
any bonus to the dismissed employee for the accounting year in which the dismissal took place. Is
the action of the company justified? [Dec 2007 (3 Marks)], [Dec 2009 (3 Marks)]
32. Write a short note on : Objects of the Payment of Bonus Act, 1965. [June 2009 (5
Marks)]
33. To whom is Gratuity payable? [June 2000 (3 Marks)]
34. Ramesh was occupying service quarters of a company at the time of retirement. He did not
vacate the house after retirement. The company withheld the payment of gratuity to the retired
employee on this ground. Can Ramesh claim the payment of gratuity and succeed against the
employer? [Dec 2006 (3 Marks)], [Dec 2009 (4 Marks)]
35. The company declined to pay gratuity to a deceased employee’s wife stating that the employee
had worked for 2 years only whereas eligibility for receiving gratuity accrues only if he served for
a period of five completed years of continuous service. Will she succeed? [Dec 2008 (4
Marks)]
36. Suresh retired on attaining the age of superannuation. After retirement, it was noticed that he
had misappropriated travelling allowance drawn by him. The employer decided to deduct the
misappropriated amount from the gratuity payable to him. Is the action of the employer legally
tenable? [Dec 2010 (4 Marks)]
37. Lotus Info. Ltd. entered into a settlement with its workmen providing for payment of gratuity
at the rate of one month’s salary for every completed year of service. An employee retired on
superannuation and claimed gratuity as per the settlement. The employer pleaded that he is
under no obligation to pay gratuity more than the rate prescribed under the Payment of Gratuity
Act, 1972. Is the employer’s contention tenable in law? [Dec 2011 (4 Marks)]
38. Write a short note on : Forfeiture of gratuity [Dec 2011 (5 Marks)]

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 39. Write a short note on : Protection of gratuity [June 2012 (5 Marks)]
40. What defences are available to an employer when a suit is filed for compensation under the
Employee’s Compensation Act, 1923 for fatal accidents? [Dec 1997 (5 Marks)]
41. To what extent is the compensation payable to a employee for personal injury sustained by
him while on duty leading to (i) his permanent total disablement; and (ii) his death under the
Employee’s Compensation Act, 1923? [June 2002 (7 Marks)]
42. State the circumstances under which an employee is not liable for Compensation under
Employees Compensation Act, 1923 [Dec.2019(5 marks)]
43. Which establishments are required to be registered under the Contract Labour (Regulation &
Abolition) Act, 1970? When may registration be revoked or suspended? [June 1996 (8
Marks)], [June 2000 (3 Marks)]
44. Is it within the jurisdiction of a Labour Court to order abolition of contract labour in an
industry under the Contract Labour (Regulation & Abolition) Act, 1970? [June 1998 (5
Marks)]
45. What are the provisions of the Contract Labour (Regulation & Abolition) Act, 1970 with regard
to licensing of contractors? [June 1995 (5 Marks)], [June 2000 (3 Marks)]
46. When the principal employer liable to provide for welfare, health and other facilities and pay
wages to contract workers under the Contract Labour (Regulation & Abolition) Act, 1970?
[June 1999 (8 Marks)], [June 2009 (5 Marks)]
47. Explain the provisions of the Contract Labour (Regulation & Abolition) Act, 1970 relating to
welfare and health of contract labour? [Dec 2000 (8 Marks)]

48. What are the provisions regarding responsibility for payment of wages to contract labour
under the Contract Labour (Regulation & Abolition) Act, 1970? [June 1995 (5 Marks)],
[Dec 2001 (8 Marks)]
49. A contractor, having valid license under the Contract Labour (Regulation & Abolition) Act,
1970, supplies 20 persons to Gamma Ltd. for completion of a project work spread over 20 days.
Who is liable to make them payment of wages? [Dec 2003 (3 Marks)]

50. A contractor made short payment of wages to a worker employed by him as contract labour.
The worker sought the amount due from the principal employer. Will he succeed? [Dec 2008
(4 Marks)]
51. Saravan is carrying out building contract works for industrial and commercial customers. He
engages 25 workers on regular basis, wants to know about the applicability of Contract Labour
(Regulation and Abolition) Act, 1970 to him andlicensing requirement if any for his business. Also
brief him the details regarding the Registers to be maintained by Principal Employer and the
contractor[Dec.2019 (5 Marks each)]
52. Explain the meaning of, and procedure for, ‘lay-off’ under the Industrial Dispute Act, 1947
[Dec 1993 (4 Marks)], [June 2007 (5 Marks)]
53. With reference to the leading cases and relevant legal provisions distinguish between ‘justified
strikes’ and ‘illegal strikes’. [Dec 1994 (10 Marks)]
54. Explain the provisions of the Industrial Disputes Act, 1947 relating to illegal strikes and lock-
out. [June 1996 (5 Marks)], [June 2001 (9 Marks)]
55. A, an employer in a public utility service, declare a lock-out during the pendency of
conciliation proceedings before a conciliation officer. Is the lock-out legal under the Industrial
Disputes Act, 1947? [June 1997 (5 Marks)]

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 56. Can an employer, in the absence of any contract of employment or service rule, deduct full
days wages of employees participating in a strike for the first half (which is crucial hours of
business transaction) of the day? [June 1997 (5 Marks)]
57. Define the term ‘industrial dispute’ as used in the Industrial Disputes Act, 1947. [June 1998
(5 Marks)]
58. Define and explain the term ‘workman’ under the Industrial Disputes Act, 1947? [Dec 1998
(5 Marks)]
59. Distinguish between ‘strikes’ & ‘lock-out’. [Dec 1998 (5 Marks)]
60. Discuss the different types of ‘strikes’ that may take place in an industrial establishment.
Which of these constitute strike under Section 2(q) of the Industrial Disputes Act, 1947?
[June 2000 (8 Marks)], [Dec 2000 (10 Marks)]
61. State the authorities for settlement of industrial dispute under the Industrial Disputes Act,
1947 [June 2000 (12 Marks)], [Dec 2009 (5 Marks)]
62. State the objects & scope of the Industrial Disputes Act, 1947 [Dec 2001 (10
Marks)], [June 2008 (5 Marks)]
63. An employee was engaged in a strike, which was declared legal and justified. He claimed wages
for strike period. Can he do so? [June 2002 (3 Marks)]
64. Write a short note on : ‘Voluntary reference of disputes to arbitration’ [June 2002
(5 Marks)], [June 2004 (5 Marks)]
65. Distinguish between : Lay-off & Lock-out [Dec 2002 (5 Marks)], [June 2009 (5
Marks)]
66. Service of bus conductor was terminated on the ground of weak eye sight. Does it amount to a
valid ground for retrenchment under the Industrial Disputes Act, 1947? [June 2003 (3
Marks)]
67. Two workers were employed on daily wages basis as night watchman. As per the terms of
contract, their employment was come to an end on completion of work. When their services were
not required, their services were terminated and they were not paid any retrenchment
compensation. Are the workers entitled to it under the Industrial Disputes Act, 1947? [Dec 2003
(3 Marks)]
68. Sameer died suddenly while working in a factory. The workmen refused to resume work to
express solidarity with the deceased worker. Does the action of the workmen amount to strike
under the Industrial Disputes Act, 1947? [Dec 2004 (3 Marks)], [Dec 2006 (3
Marks)]
69. Due to accumulation of stocks, the company declared lay-off for 5 days. The workers union
protested that it was not the legal right of the employer to lay-off the workers and that they should
be paid full wages for the period of lay-off. Will they succeed in a Court of law, if the employer
refuses to concede to their demand? [June 2006 (3 Marks)]
70. Fragile Ltd. was running in continuous losses for 5 years. As a result, the company’s financial
position worsened. The company declared lay-off of 10 of its employees. The employees protested
the lay-off. Is the action of the employer justified? [Dec 2006 (3 Marks)]
71. Prem and Qureshi established a legal consultancy firm. They employed three law graduates, a
stenographer and a typist to assist the firm. After five years, the services of the stenographer were
terminated without assigning any reason. He raised a dispute before the Labour Court asking for
reinstatement or retrenchment compensation as contemplated by the Industrial Disputes Act,
1947. Will he succeed? [Dec 2006 (3 Marks)]

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 72. Efficiency Ltd. is in the process of reorganization of its business. It is likely to result in some
labour being rendered surplus. It has proposed retrenchment of economic dead weight. Can the
company do so? [Dec 2007 (3 Marks)], [Dec 2009 (4 Marks)]
73. The workers in a factory went on strike. The strike was legal. The employer deducted wages
for the strike period on the ground that the legality of strike did not always exempt the workers
from deduction of their wages for the period of strike. Was the employer’s action justified?
[June 2008 (3 Marks)]
74. Write a short note on : Tests for determination of ‘industry’ under the Industrial Disputes Act,
1947. [Dec 2008 (5 Marks)], [Dec 2012 (5 Marks)]

75. Services of workmen engaged on casual basis for doing a particular urgent work were
terminated after the completion of the said work. Workmen sought compensation as the
termination amounted to retrenchment. Will they succeed? [Dec 2008 (3 Marks)]

76. When can ‘individual dispute’ become an ‘industrial dispute’? [Dec 2008 (5
Marks)]
77. The workman of Bharat Chemicals went on go-slow strike to compel the management to
concede to their demands. The management contended that go-slow is a serious misconduct and
initiated disciplinary action against the erring workmen. Is the action of the management
justified? [June 2009 (4 Marks)]
78. Distinguish between : Legal Strike & Justified Strike [June 2010 (5 Marks)]
79. Promod Electronics is a small scale industry (SSI) employing 15 workmen. Due to a fall in
demand for its products, the management decided to lay-off its workmen. The workmen
contended that they cannot be laid-off as there is no provision to lay-off in the terms and
conditions of appointment. Examine the legality of the action of the management. [June 2011
(4 Marks)]

80. Arbitration and Conciliation for the resolution of industrial dispute under the Industrial
Disputes Act, 1947. [Dec 2011 (5 Marks)]

81. Write a short on : General prohibition of strikes & lock-outs under the Industrial Disputes Act,
1947 [Dec 2011 (5 Marks)]
82. Distinguish between : Lay-off & Retrenchment [June 2012 (5 Marks)]
83. The management of an industrial establishment declared an unjustified lock-out due to the
illegal and unjustified strike by a section of the workers. Later on when the strike was called off,
the management did not pay wages for the lock-out period. Is the action of the management
justified and legally tenable? Give reasons. [Dec 2012 (4 Marks)]
84. A group of workmen from Bharat Railways Catering were having some conflict of interest with
their management. They filed a case in front of Labour Commissioner to decide upon their issues
and concerns. During the pendency of the matter, they suddenly went on strike against the
management stopping the entire work at the company. This strike was not supported by any prior
notice before the strike in terms of Industrial Disputes Act, 1947. [Dec 2018 (5
Marks)]
85. Write a short note on : Arbitral Award for industrial dispute [June 2019 (3
Marks)]
86. Discuss the obligations of a registered trade union to submit returns to the Registrar of trade
union. [Dec 1995 (5 Marks)]

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 87. During a strike, ten workers locked-up the factory manager in his office for five days without
food or water. He died due to shock and starvation. Would the workers or the trade union be
liable for Manager’s death? Give reasons. [June 1996 (7 Marks)]
88. What are the objects of the Trade Union Act, 1926? [Dec 1997 (5 Marks)]
89. Avinash, a member of a registered trade union, was convicted and sentenced to imprisonment
for a period of two years for breach of trust in 2015. On his release, Avinash intends to contest
election of office bearer of the trade union in 2019. Advise Avinash. [Dec 1997 (7 Marks)]
90. 75 workers of several factories, 10 labour court advocates, 10 social workers and 3 lady
members of legislative assembly formed a combination to protect the interest of factory workers
in XYZ industrial zone. On their application, the Registrar registered this combination under the
Trade Union Act, 1926. Will this combination (union) enjoy all the privileges of a registered trade
union? Why? [Dec 1998 (5 Marks)]
91. Write a brief note on cancellation of registration of trade union. [June 2000 (6
Marks)]
92. Discuss the provisions relating to registration of trade union under the Trade Union Act, 1926.
[Dec 2000 (7 Marks)]

93. Bhaskar Bhat has recently opened a school for providing elementary education to kids. He has
hired both male and female employees in teaching and non-teaching cadre. He approached you to
seek advice whether a school is required to comply with the provisions of the Maternity Benefit
Act, 1961. Also state who are eligible to avail for maternity benefits under the Act.
[Dec 2018 (3 Marks)]

94. Managing Committee of Goa Tourism Ltd. wants to constitute an Internal Complaint Committee
(ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal)
Act, 2013. Advice them in the light of the provisions of the Act on the constitution of such
committee. [Dec 2018 (3 Marks)]

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 18
COMPLIANCES RELATING TO ENVIRONMENTAL LAWS

1. Write a short note on : Regulatory framework for environmental protection in India.

[June 2009 (5 Marks)], [June 2011 (5 Marks)]
2. Satvik is running a dyeing factory seeks your guidance in knowing various responsibilities
imposed upon his business and to be complied under the Water (Prevention and Control of
Pollution) Act, 1974. [June 2019 (5 Marks)]
3. Discuss the object, scope and scheme of the Environment (Protection) Act, 1986. [June 1999
(10 Marks)], [June 2001 (10 Marks)]
4. What is the penalty for offence by a company under the Environment (Protection) Act, 1986?
[June 2007 (5 Marks)], [Dec 2008 (5 Marks)]
5. Write a short note on : Environmental Audit [Dec 2005 (3 Marks)], [Dec 2009 (4
Marks)]
6. Briefly explain the major provisions of the Public Liability Insurance Act, 1991. [Dec 2002
(5 Marks)], [Dec 2006 (5 Marks)]
7. Write a short note on : Public Liability Insurance [June 2019 (3 Marks)]
8. Public Liability Insurance intends to provide protection to the general public against any
unforseen industrial accident. Elucidate [Dec.2019( 3 marks)]
9. Harpreet is doing Masters Degree and he is studying about environmental legislations. He is
enquiring about ‘Green Tribunal’. Brief him about Green Tribunal and its objectives.
[Dec.2019(3 marks)]

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 C
PART

INSOLVENCY, WINDING UP &

CLOSURE OF BUSINESS
(25 Marks)

19
DORMANT COMPANY
1. A group of persons wants to form a company for a future project and acquire the status of a
‘dormant company’. The group seeks your advice about the procedure and the conditions to be
complied with under the provisions of the Companies Act, 2013. [Dec 2015 (2 Marks)]
2. State the privileges and exemptions available to dormant company under the provisions of the
Companies Act, 2013. [Dec 2015 (2 Marks)]
3. Distinguish between : Small Company and Inactive Company. [June 2016 (4
Marks)]
4. Anshul Gold Farm Ltd. has obtained the status of dormant company on 15th December 2018.
Enumerate the various exemptions which the company shall be entitled to under the Companies
Act, 2013. [Dec 2018 (3 Marks)]

5. Explain the term ‘Significant Accounting Transaction’ while determining status of a company as
a dormant company under the Companies Act, 2013. [Dec 2018 (3 Marks)]
6. Cute Garments Ltd. has recently obtained the status of dormant company. The Board of Directors
seeks your advice about the required compliances in respect of the following:
(i) Minimum number of directors
(ii) Requirement of Return filing
(iii) Meetings of Board of Directors. [June 2019 (3 Marks)]
7. Preetha has recently become Director of a Company. She wants to know about ‘active’ and
‘inactive’ status shown in MCA website. Explain the concept of ‘Inactive Company to her referring

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 the Relevant provisions of the Company Law mid also brief her under what circumstances a
company can make application for obtaining ‘dormant’ status.(Dec.2019(3 marks)

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 20
STRIKE OFF AND RESTORATION OF NAME OF THE
COMPANY & LLP
1. WRITE A SHORT NOTE ON : PROVISIONS AND PROCEDURE FOR STRIKING OFF THE NAME OF
THE COMPANY. [DEC 2010 (4 MARKS)]
2. WHAT IS MEANT BY STRIKING THE NAME OF COMPANY UNDER SECTION 248 OF THE
COMPANIES ACT, 2013? [JUNE 2012 (4 MARKS)], [JUNE 2013 (2 MARKS)]
3. SPECTACULAR LTD. WANTS TO MAKE AN APPLICATION TO REGISTRAR OF COMPANIES (ROC)
FOR REMOVAL OF ITS NAME UNDER SECTION 248(2) OF THE COMPANIES ACT, 2013 FROM
REGISTER. IT IS UNDERSTOOD THAT THE APPLICATION, INTER ALIA, SHALL BE ACCOMPANIED BY
AN ‘AFFIDAVIT’ BY EVERY DIRECTOR OF THE COMPANY. YOU ARE A PRACTICING COMPANY
SECRETARY. THE COMPANY HAS APPROACHED YOU TO DRAFT SUCH AN AFFIDAVIT. HELP THE
COMPANY. [JUNE 2018 (8 MARKS)]
4. RADHA MANUFACTURING LTD. WANTS TO FILE AN APPLICATION FOR REMOVAL OF NAME OF
THE COMPANY FROM THE REGISTRAR OF COMPANIES (ROC). ENUMERATE THE VARIOUS
GROUNDS ON WHICH COMPANY IS PERMITTED TO FILE AN APPLICATION FOR REMOVAL OF NAME
THE COMPANY FROM ROC UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013. [DEC. 2018
(3 MARKS)]
5. LIST OUT VARIOUS SITUATIONS IN WHICH A COMPANY IS NOT PERMITTED TO APPLY FOR
STRIKE-OFF THE NAME OF THE COMPANY FROM REGISTER OF COMPANIES. [DEC. 2018
(3 MARKS)]
6. Situations under which a company cannot apply for strike-off its name from the Register of the
companies. Comment. [June 2019 (3 Marks)]

7. ROC CAN STRIKE-OFF THE NAME OF A COMPANY ON SUO MOTU BASIS ONLY AFTER FOLLOWING
CERTAIN PROCEDURES. COMMENT. [JUNE 2019 (5 MARKS)]
8. CAN AGGRIEVED CREDITOR MAY APPLY FOR RESTORATION OF THE NAME OF THE COMPANY
AFTER 10 YEARS IF IT’S STRIKING-OFF? IF SO, HOW? [JUNE 2011 (2 MARKS)], [JUNE
2013 (2 MARKS)]
9. REGISTRAR OF COMPANIES MAY FILE AN APPEAL BEFORE NATIONAL COMPANY LAW TRIBUNAL
FOR RESTORATION OF THE NAME OF THE COMPANY. ELUCIDATE. [DEC. 2018 (3
MARKS)]
10. THE REGISTRAR HAS SUO MOTU STRUCK OFF THE NAME OF THE M/S A2Z SOLUTIONS, A LLP
FROM THE REGISTER AS REGISTRAR HAS A REASONABLE CAUSE TO BELIEVE THAT THE LLP IS
NOT CARRYING ON ANY BUSINESS FOR THE LAST TWO YEARS. BEING AGGRIEVED BY THE ORDER
OF REGISTRAR, THE LLP WANTS TO FILE AN APPEAL BEFORE NATIONAL COMPANY LAW
TRIBUNAL (NCLT) FOR RESTORATION OF THE NAME OF THE LLP IN THE REGISTER OF
PARTNERSHIP MAINTAINED BY THE REGISTRAR. REFERRING TO THE PROVISIONS OF THE
LIMITED LIABILITY PARTNERSHIP ACT, 2008, ADVICE THE LLP ON THE PROCEDURE TO BE
FOLLOWED FOR MAKING AN APPLICATION TO NCLT. [DEC 2018 (5 MARKS)]

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 11. GLORY TECHNOLOGY LLP IS NOT CARRYING ON ANY BUSINESS FOR A PERIOD OF TWO YEARS
DESIROUS OF STRIKING THE NAME FROM THE REGISTER OF LIMITED LIABILITY PARTNERSHIP
MAINTAINED BY REGISTRAR OF COMPANIES. WHETHER LLP IS ALLOWED TO DO SO? EXAMINE.
[JUNE 2019 (3 MARKS)]
12. Mithali sports LLP has been struck off by Registrar of Companies. One of its unsecured
creditors has approached you to know his eligibility in making application for revival of struck off
LLP. Also brief with the procedures for the revival of struck off LLP. [Dec.2019 (3 marks)]

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 21
CORPORATE INSOLVENCY RESOLUTION PROCESS,
LIQUIDATION & WINDING-UP: AN OVERVIEW
1. RKG Infrastructure Ltd. was incurring continuous losses and its financial position went bad to
worse. Now, the Company is undergoing a corporate resolution process. Dinesh who is one of the
senior employee of the company has not been paid his salary for 3 months amounting to
` 4,50,000. He files an application for initiating corporate insolvency resolution process with an
Adjudicating Authority. Analyze and state whether Dinesh is entitled to make an application to
initiate corporate insolvency resolution process. [Dec. 2018 (5 Marks)]

2. Time-limit an extension of period in Corporate Insolvency Resolution Process under Insolvency

and Bankruptcy Code, 2016. Comment.
[June 2019 (3 Marks)]

3. Elaborate ‘Waterfall Arrangement’ under the Insolvency and Bankruptcy Code, 2016.
[June 2019 (5 Marks)]

4. Yogendra is an allottee of a flat in a real estate project promoted by the company, but he has not
been delivered flat as per Agreement. He has approached you to know, whether he can make
application under Insolvency and Bankruptcy Code, 2016 and in what status he can make
application. Also brief the timelines for Corporate Insolvency Resolution Process.
[Dec 2019 ( 5 Marks)]
5. ABC Ltd., has initiated insolvency proceedings against RS Ltd., for recovery of debt of ` 2.86
crore. ABC Ltd. intends to appoint Rahul, one of the employees of its statutory auditors, M/s ASA &
Associates, Chartered Accountants, as its resolution professional. In the light of the statutory
provisions, examine whether Rahul can be appointed as a resolution professional. [Dec.2019
(3 marks)]

6. Describe the procedure mentioned under Section 53 of Insolvency and Bankruptcy Code (IBC),
2016 for distribution of assets in case of liquidation. [Dec.2019(3 marks)]
7. National Company Law Tribunal (NCLT) has passed order for Commencement of Corporate
Insolvency Resolution Process (CIRP) of Dora Travels Ltd., one of its director has approached you
to know the effects of “Moratorium” upon the commencement of CIRP. [Dec.2019 (3 marks)]
8. Write a short note on : Modes of winding-up [June 2009 (4 Marks)]
9. Distinguish between : Winding-up and Insolvency [June 2010 (4 Marks)]
10. Who can present the petition for winding-up? [Dec 2011 (6 Marks)]
11. The term ‘Winding-up’ and ‘Dissolution’ can be used interchangeably to denote cessation of
existence of a legal entity. [June 2019 (3 Marks)]
12. Yuvan Infra Ltd. is continuously making losses and the Directors of the Company are planning
to voluntarily wind up the Company. As a Company Secretary advise on conditions and also advise
them briefly on procedures for voluntary liquidation. [Dec.2019 (5 marks each)]

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