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Showing posts with the label Answer Writing Practice CS EXECUTIVE SESSION 1

Answer Writing Practice - Day 16 - Season 1

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Aaj k questions c-law Q1. The managing director of a public limited company applied for purchasing a company’s flat. The price of the flat is 40 lakh. The managing director suggested that he may be allowed to pay 20 lakh and the balance of ` 20 lakh may be recovered from his salary in 40 installments. Accounts department observed that it will tantamount to providing house building advance to the managing director which is not covered by the rules of the company. Being the Company Secretary of the company, you have been asked by the Board of directors to examine and submit a note stating the rules in this regard and action to be taken for considering the request.(8 marks)  JIGL (interp.. of statue) Q1. Explain the rule of ‘beneficial construction’ while interpreting the statutes quoting an example. SBEC Q1. Mugambo is an allottee of a flat in a real estate project promoted by the company, but he has nat been delivered flat as per Agreement. He has approached you to know, ...

Answer Writing Practice - Day 15 - CS Executive Session 1

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Today's question C-LAW Q1.Differentiate between preferential allotment and private placement. (8mrk)

Answer Writing Practice - Day14 CS Executive Session 1

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Today's question C-LAW Q1 A minor can't be a member of co. but can hold shares. Comment Q2. Dividend received from a company engaged in agriculture business is also not taxable in the hands of shareholders. Justify Jigl (CPC) Q1. When an Appeal against the Orders is possible?? Q2. Explain when the defendant has a right to begin in proceeding. Sbec Q. Elaborate the waterfall arrangement. Team CS Aspirant

Answer Writing Practice - Day 13 - CS Executive Session 1

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Today's questions  Company law (CHAPTER 1)  Q1. Dividend received from a company is exempt from tax in the hands of shareholders. Comment Q2. 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 JIGL (IPC) Q1. What does section 120 A & 120 B of IPC says. Q2. Write any 15 general exceptions. ONE EXTRA QUESTION (jigl) Brief about Lodging of caveat. ANSWERS C-LAW A1. Dividend income is taxable in the hands of sh holder after 1/4/20 A2. Company can't be held liable,  Sh holders are not agent of company. Jigl A1. General exceptions (simple) A2. Criminal conspiracy and it's penalties (120a & 120b) Logging of caveat In short A Caveat is a caution or warning given by a person to the Court not to take any action or grant relief to the other side without giving notice to the caveator and without affording oppurtunity of hearing him. It's Validity-90 days ...

Answer Writing Practice - Day 12 - CS Executive Session 1

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Today's questions ( company law) Q1 A company has appointed it's independent director as an small shareholders director also. Some shareholders having less than 20,000 nominal value of shares objected that an independent director can't be a small shareholders director. Is their contention valid. Discuss Team CS Aspirant

Answer Writing Practice - DAY 11 - CS Executive Session 1

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Here today's questions SBEC (chapter 4-5) Q1 43% of the paid- up share capital of V4C Ltd. is held by the Central Government and 8%is held by Life Insurance Corporation of India and Unit Trust of India. Analyse the definition of ‘government company’ under the provisions of Companied Act, 2013 and decide whether the V4C Ltd. is a government company. Q2. Limited liability partnership is best suited form of entity for professionals. Elaborate. Q3. A shareholder who holds 99% of the share capital of a company can be held liable for the acts of the company. Comment. Ans 1 V4c can't be considered as govt co. Bcz govt's stake is less than 51% Ans 3 Separate legal entity concept. Team CS Aspirant

Answer Writing Practice - DAY10 - CS Executive Session 1

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Today's question company law Q1. Give the procedure for reduction of share capital. ( Chapter share capital ) Q2. A company has not declared dividend from past 4 years. A preference shareholder file a suit against the company claiming that it is debt on company. Will he succeeds ??? Answer 1 Ans 2 Dividend is not debt on company, so pref sh holder's claim can't succeed Handwritten team cs Aspirant

Answer Writing Practice DAY9 - CS Executive

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Today's Questions (JIGL) CH-1 Q1. What are the different types of laws that can exist in a state? Q2. What do you understand by legal theory? Differentiate between positive and normative legal theory. Answer1: Laws may be of three types - mandatory, prohibitive or permissive.  • Mandatory laws are those that require something to be compulsorily done or observed. For example, taxes have to be paid; corporate Annual Returns have to be filed etc.  • Prohibitive laws bar certain conduct, something that harms public property, human, animal or plant life, or the environment, etc.  • Permissive laws are those which neither necessitate nor bar certain acts, rather allow the individual to act in a particular way if he so desires. For example, the requirements of a passport and a visa for travel to another country are the procedure required by law in case a person wants to travel; the law does not bar travel, but rather prescribes a procedure to do so. Answer2: Legal Theory Legal t...

Answer Writing Practice DAY4 - CS Executive Session 1

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Day 4 Today's questions Q1. Amit is having directorship of the following companies:  Nature of Companies Number of of Companies  Public companies (including 2 dormant companies) 8  Private companies (including 2 subsidiaries of public companies) 10  Alternate director (in a private company) 1  Section 8 company 1  Indicate how many more directorships Amit can undertake in public or private  companies. (4 marks) Q2. A private company and a banking company, can freely accept deposits. (5 mrk) Q3. Draft the necessary resolution on Registration of Charge assuming the borrowing is beyond the board's authority. Answers 1 In terms of the provisions of the Companies Act, 2013, no person, can hold office  as a director, including any alternate directorship, in more than twenty companies at the  same time. For reckoning the limit of directorships in twenty companies, the directorship  in a dormant company is excluded.  Further, out...

Answer Writing Practice DAY2 - CS Executive Session 1

Answer Writing Practice DAY6 - CS Executive Session 1

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Day 6 Today's questions (SBEC) Q1. Write the processor for NSIC single point registration. Q2. Brief about Udyog adhaar.

Answer Writing Practice DAY8 - CS Executive Session 1

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Day 8  Today's questions SBEC (ch.3 charter doc.) Q1. Promoters’ rights to receive preliminary expenses should have been enshrined in the   articles of the association. Explain. Q2. With the approval of the board, an amount of Rs. 50 crore was spend by Speed Jet Ltd. in producing a commercial film, not covered under its object clause. The film was complete flop and the company lost the amount of Rs. 40 crore. Some of the members of the company objected to such investment not covered by the object clause of the company. They filed a suit in NCLT making the directors personally liable and to make good the loss. Will they succeed. Support your answer with reasons. Q3. A registered office of the company was shifted from one state to another. A labour litigation was pending before the NCLT. So, the employees objected to transfer. Whether the objection of the employees is sustainable? Answer 1 AOA me clause dalna h for compensation of  preliminary expenses incurred by pro...

Answer Writing Practice DAY7 - CS Executive Session 1

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Day 7 Today's questions (share capital) Q1. Aniket has fraudulently sold his shares to two different transferees. Who will be   entitled to the shares in priority? Q2. A company has issued a prospectus to the public stating that the company has paid dividend regularly and the prospectus is silent relating to the sources of profits, i.e., whether trading profits or capital profits. The fact is that the company has incurred losses for all the last 5 years, but the dividend is paid out of realised capital profits (i.e.,   secret reserves), Y, a shareholder, claimed that the prospectus is false. Whether Y’S contention is correct? Discuss. Q3. Public companies can issue ‘shelf prospectus’. Comment Ans 1 Jo pehle Aaya (who claims 1st ) shares Uske Ans 2 Prospectus me Kuch jutna (false info) nhi chaiye + Kuch chutna nhi chaiye (material info.) Divided can't be issued out of capital profit/ capital reserve Ans 3 Shelf prospectus - 1 Baar issue kro or 1saal tak shelf pr Ra...

Answer Writing Practice DAY3 - CS Executive Session 1

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Day 3 Today's questions Q1. A Company under Section 8 can be registered as a Small Company under the provisions of the Companies Act, 2013. comment. Q2. 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 Q3. Write short notes on :  (i) Public Liability Insurance  (ii) Industrial Entrepreneurs Memorandum (IEM)  (iii) Enforcement of Trade mark rights  (iv) Labour Welfare Fund for social assistance to workers  (v) Arbitral Award for industrial disputes Answer 1 As per the provisions of the Companies Act, 2013  small company means a company, other than a public company, whose  i. Paid-up share capital of which does not exceed fifty lakh rupees   and  ii. Turnover of which for the immediately preceding financial year does not exceed  two crore rupees   provides that nothing in sha...

Answer Writing Practice DAY5 - CS Executive Session 1

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Day 5 Different between CRR and reserve share capital. Today's Questions Q1. Discuss the summary trial by a magistrate under the CRPC, 1973. Q2. Swaraj an employer of ABC Company Ltd appointed Rakesh as an independent   contractor. Discuss under what circumstances Swaraj would be liable for fault of Rakesh. Answer 1. 1. The code of criminal procedure creates the necessary machinery for apprehending the   criminal, investigating the criminal cases, their trial before the criminal court and   imposition of proper punishment.  2. Trial in general means the formal process in a court of law where evidences are taken   against the accused to decide whether he/she is guilty for the stated crime or not.   3. Summary trial is the name given to the trial where cases are disposed off speedily and   procedure are simplified.  4. It can be conducted only by:  • Any chief judicial magistrate  • Any metropolita...