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Gurukripas Guideline Answers for May 2015 CA Inter (IPC) Law, Ethics, and Communication

Gurukripas Guideline Answers to May 2015 Exam Questions


CA Inter (IPC) Law, Ethics & Communication
Question No.1 is compulsory (4 X 5 = 20 Marks).
Answer any five questions from the remaining six questions (16 X 5 = 80 Marks). [Answer any 4 out of 5 in Q.7]

Q Questions Reference M
(a) X entered into a contract with Y to supply him 1,000 Water
Bottle @ ` 5.00 per water bottle, to be delivered at a specified
time. Thereafter, X contracts with Z for the purchase of Page 1.72, Q. No. 34 [M 07]
1,000 Water Bottles @ ` 4.50 per Water Bottle, and at the
same time told Z that he did so, for the purpose of Hint:
performing his contract entered into with Y. Z failed to 1. If Z is informed of Ys Contract: X can
perform his contract in due course and Market Price of each claim an Ordinary Damages of ` 5.25 ` 4.50
5
Water Bottle on that day was ` 5.25 per Water Bottle. = ` 0.75 per Water Bottle + Special Damages
Consequently, X could not procure any Water Bottle and Y of ` 5.25 ` 5 = ` 0.25 per Water Bottle.
rescinded the contract. What would be the amount of
damages which X could claim from Z in the 2. If Z is NOT informed of Ys Contract: In
circumstances? What would be your answer if Z had not this case, X can claim only Ordinary Damages.
been informed about the Ys contract? Explain with
reference to the provision of the Indian Contract Act, 1872.
1 (b) The Doctrine of Indoor Management always protects the
Page 8.18, Para 8.4.4 and 8.4.5
Persons (Outsiders) dealing with a Company. Explain the 5
[RTP, N 95, M 99, N 01, M 03, M 07]
above statement. Also, state the exceptions to the above Rule.
(c) State with reasons whether the following statements are
Correct or Incorrect:
Page 16.3, Para 16.1.4 Hint: Incorrect.
It is a single approach aiming to treat all equals
(i) Fairness and Justice are two different approaches as a
equally and to reduce imbalance of power, and 3
source of Ethical Standards.
to ensure that human beings are treated fairly
based on some standard that is defensible.
(ii) Inclusion of Environmental Considerations as a part of Page 16.34, Q. No. 36 [M 10]
2
Corporate Strategy improves Corporate performance. Hint: Correct.
Page 17.4, Para 17A.1.4, Point 3
(d) Explain the factors that lead to Grapevine Communication. 5
[N 11]
(a) Explain the meaning of QuasiContracts. State the
Page 1.65, Para 1B.4.1
circumstances which are identified as Quasi Contracts by the 8
[N 93, N 94, M 99, M 02, M 13]
Indian Contract Act, 1872.
(b) What are the United Nations Guidelines Themes on Page 16.26, Para 16.7.12, Point 2
2 4
Consumer Protection? [RTP , N 09]
(c) Explain the types of Groups in an organization which play an
Page 17.27, Para 17C.1.3
important role in solving the difficult problems in the 4
[N 12]
organization.
(a) (i) Explain the Time Limit for Payment of Bonus to the
Page 3.14, Para 3.3.1
Employees in different circumstances under the provisions of 4
[M 12]
the Payment of Bonus Act, 1965.
(a) (ii) N is employed in ABC Limited, a Seasonal
Page 5.13, Q. No. 3 [M 10]
Establishment. The Factory was in operation from 1st March
Hint: The Factory was in operation for 4
to 30th June during the financial year 201415. Though, N
3 months. 75% of total operational days = 75% 4
was not in continuous service during this period, he had
120 days = 90 days. Since N worked for 95 days,
worked for 95 days. Under the Payment of Gratuity Act, 1972, he is eligible for Gratuity as it exceeds 90 days.
decide whether N is entitled to Gratuity.
(b) What is meant by Corporate Governance? State the
Page 16.6, Para 16.3.2, Point 1 & 2 and
Measures of Corporate Governance with reference to Indian 4
Page 16.7, Para 16.3.3 Point 3
Companies.

May 2015.1

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Gurukripas Guideline Answers for May 2015 CA Inter (IPC) Law, Ethics, and Communication

Q Questions Reference M
(c) State with reasons whether following Statements are Correct
or Incorrect.
Incorrect Page 17.22, Para 17B.3.4, Pt 4
(i) Rumours and Gossips are synonymous. Hint: Rumours relate to events, while Gossips 2
relate to People.
(ii) Lying breaks down the trust between individuals. Correct Page 17.22, Para 17B.3.4, Pt 5 2
(a) Board of Directors of PQR Ltd wants to create a Debenture
Redemption Reserve (DRR) for the redemption of debentures
issued by the Company under the provisions of Companies Page 14.5, Para 14.1.8 8
Act, 2013. Explain the provisions of the Companies (Share
Capital and Debenture) Rules, 2014 in this regard.
4 (b) Explain the meaning of Sustainable Development? State the Page 16.19, Para 16.6.1
special responsibilities of the Industries that are based on Page 16.22, Para 16.6.9, Point 7 4
natural resources. [ RTP, M 07, M 08, N 10, N 11, M 12]
(c) Write short notes on: 4
(i) The Press Communique Page 18.6, Para 18.9, Point 4
(ii) The Press Notes Page 18.6, Para 18.9, Point 4
(a) (i) What is meant by Sans Recourse Endorsement of a Bill of
Page 2.16, Para 2.3.7, Point 4 & 8
Exchange? How does it differ from Sans Frais 4
[RTP, N 01]
Endorsement?
Page 2.46, Q. No. 25 [M 00, N 05]
(ii) P, a Major and Q, a Minor executed a Promissory Note in Hint: The Promissory Note executed by P and Q
is valid, even though a Minor (Q) is a party to it,
favour of R. Examine with reference to the provisions of the
Q, being a Minor, is not liable, but his immunity 4
Negotiable Instruments Act, 1881, the validity of the
5 from liability does not absolve the other joint
Promissory Note and, whether it is binding on P and Q.
Promisor (P) from liability. [Sulochana vs
Pandiyan Bank Limited]
(b) Explain the concept of Electronic Voting System as
Page 13.18, Para 13.4.6 4
provided by the Companies Act, 2013.
(c) Explain the Threats faced by an Accounting and Finance
Page 16.28, Para 16.8.5
Professional adhering to Ethical Principles at the time of 4
[RTP, M 08]
performing his Professional duties.
(a) Explain the conditions and the manner in which a
Company may issue Depository Receipts in a Foreign
Page 9.17, Para 9.5.2 8
Country under the Companies (Issue of Global Depository
Receipts) Rules, 2014.
(b) State if the following Statements are Correct or Incorrect:
(i) Agency coupled with Interest is Irrevocable. Correct Page 1.98, Q.No.13 [N 09] 1

6 (ii) Depositing of Ornaments in a Bank Locker is a Bailment. Incorrect Page 1.98, Q.No.6
4
(iii) Deferred Shares are also called as Founders Shares. Correct =
(iv) Debentures with Voting Rights can be issued only if Incorrect Page 14.23, Q.No.1 4
permitted by the Articles of Association. [M 10, M 12]
(c) What is meant by Emotional Intelligence? Explain the Self Page 17.20, Para 17B.2.6
Awareness and SelfManagement Personal Competencies & Para 17B.2.7, Point 1(a) & 1(d) 4
associated with Emotional Intelligence. [RTP, M 07]
Answer any Four of the following: Page 4.9, Para 4.2.5, Point 3(b) & 3(e).
(a) An Inspector appointed under the Employees Provident [RTP, M 97, N 03]
Funds and Miscellaneous Provisions Act, 1952 makes an Hint: Search shall be made at any Reasonable 4
inspection at 8 a.m. (an hour before Factory timings) and Time. What constitutes Reasonable Time will be
7 based on circumstances. Generally, Reasonable
seeks to take copies of the Income Tax Returns. How far
under the Act is his action reasonable? Time shall be within Business hours.
(b) Define the term Small Company as contained in the
Page 6.16, Point 4 in Para 6.5.7 4
Companies Act, 2013.

May 2015.2

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Gurukripas Guideline Answers for May 2015 CA Inter (IPC) Law, Ethics, and Communication

Q Questions Reference M
Page 13.12, Para 13.3.6, Point 3 & 6
(c) The Annual General Meeting of KMP Limited was held on 30th Hint: 15 Members should be personally present
April 2015. The Articles of Association of the Company is to constitute valid Quorum in the given case.
silent regarding the Quorum of the General Meeting. Only 10 Since only 10 Members are present, Quorum is
not available. In case of AGM, Meeting shall be
Members were personally present in the above Meeting, out
adjourned to same day in next week, at the 4
of the total 2,750 Members of the Company. The Chairman
same Time and Place, or such other day, time &
adjourned the Meeting for want of quorum. Referring to the Place as determined by BOD. The decision of the
provisions of the Companies Act, 2013, examine the validity Chairman for adjournment is valid. But,
of Chairmans decision. Chairman cannot independently decide the date
and place of adjourned Meeting.
(d) Explain the various Socio Psychological factors responsible
Page 16.15, Para 16.5.4, Point 2 4
for developing Negative Attitude by an Individual at Workplace.
(e) State the reasons for Resistance to Change in an
Page 17.38, Para 17D.1.4 4
Organization.

Recent Notifications / Circulars under Companies Act, 2013


(01.10.2014 to 04.05.2015)
Notification / Circular No. Summary / Description
CSR Schedule VII: Contributions to Swachh Bharath Kosh and Clean Ganga Fund are
G.S.R. 741(E) dt. 24.10.14
included in Schedule VII Activities for CSR purposes.
IND AS are prescribed by MCA under The Companies (Indian Accounting Standards)
G.S.R. dt. 16.02.15
Rules, 2015.
Inspection: Power to direct an immediate Inspection of a Companys Register is now
S.O.(E) dt. 31.03.15
delegated to Regional Director (RD) u/s 94(5) from Central Government.
Right of persons other than Retiring Directors to stand for directorship Deposit
38/2014 dt. 14.10.14 u/s 160: Board can decide whether ` 1 Lakh deposit u/s 160 to be forfeited or refunded if
25% votes are not secured at General Meeting
Consolidated FS: Company is required to give disclosures relevant for Consolidated
39/2014 dt. 14.10.14
Financials only and not all disclosures that it made under its standalone Financials.
Effect of Company Law Settlement Scheme: No disqualification of Directors u/s 164
41/2014 dt. 15.10.14
(3) of Companies which filed Balance Sheet after 01.04.14 but before CLSS 15.08.2014
FCCB / FCB: Chapter III (Sec.23 to 42) of the Act shall not apply to Foreign Currency
43/2014 dt. 13.11.14 Convertible Bonds (FCCBs) and Foreign Currency Bonds (FCBs), issued to persons Resident
outside India unless specifically provided by RBI Regulations/Schemes.
04/2015 dt. 10.03.2015 Sec.186 does not apply to Loans given to Employees other than WTD/MD.
Deposits by Pvt Co: Amounts received by Private Companies their Members, Directors or
their Relatives before 1st April 2014, shall not be treated as Deposits, provided it is
5/2015 dt. 30.03.2015
properly disclosed in the Notes to Accounts.
However, Fresh Deposits and Renewals shall fall under the provisions of COA 2013.
Sec.186(7): TaxFree Bonds with Effective Yield greater than the prevailing yield on
6/2015 dt. 09.04.15
Government Securities does not violate Sec.186(7).
Managerial Remuneration: Managerial Person appointed before COA 2013, even if his
7/2015 dt. 10.04.15 tenure falls after 01.04.2013, shall be paid remuneration for that tenure in accordance with
Schedule XIII of COA 1956 only.

Additional Questions for Practice

Question 1: Chapter 4: The Employees Provident Fund and Misc. Provisions Act, 1952 RTP
A 60 years old District Judge was appointed by the Central Government as Presiding Officer of the Employees' Provident Funds
Appellate Tribunal for a period of 2 years. After one year, he resigns from his office and ceases to work with immediate effect without
handing over the charge to his successor, who was not appointed by the Government till that date. Examine the validity of his action
to cease work under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952.

May 2015.3

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Gurukripas Guideline Answers for May 2015 CA Inter (IPC) Law, Ethics, and Communication

Solution:
1. Principle [Sec. 7F]:
(a) The Presiding Officer of a Employees Provident Funds Appellate Tribunal may by notice in writing under his hand
addressed to the Central Government, resign his office.
(b) The Presiding Officer shall, unless he is permitted by the Central Govt. to relinquish his office sooner, continue to
hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed
as his Successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

2. Analysis and Conclusion: The action to cease work is not valid in this case.

Question 2: Chapter 3: Ethics RTP


Explain the statement that Business Firms are parts of a larger ecological system.
Solution: Refer Page 16.21, Para 16.6.6, Point C

Question 3: Chapter 16: Ethics RTP


Fairness and Honesty are at the heart of Business Ethics and relate to the general values of decision makers. Discuss.
Solution: Refer Page 16.16, Para 16.5.6, Point C

Question 4: Chapter 16: Ethics RTP


Comment on the statement Business is all green, only philosophy is grey.
Solution:
1. Karl Marx, while commenting on the business objectives, said Business is all green, only philosophy is grey.
2. He meant that business is all about profits and comfort for its rich owners and discomforts for all other sections of the
society who are at the receiving end of the business.
3. However, even if such socialist ideology is now diluted and capitalism is being gradually accepted, business is still
considered as essentially exploitative in nature.
4. It is also to be noted that much of the progress in the world would not have been possible without entrepreneurship
and business, which involves risk.

Question 5: Chapter 16: Ethics RTP


CSR can mean different things to different people. Explain.
Solution: CSR can mean different things to different stake holders as under
Stake Holder CSR Management
1 Employees Fair Wages, No Discrimination, Good Working Conditions, etc.
2 Shareholders Making responsible and transparent decisions regarding the use of capital
3 Suppliers Receiving payment on time, transparency in Business deals, etc.
4 Customers Delivery on time, value for Money, etc.
5 Local Communities /Authorities Taking measures to protect the environment from pollution.
6 Non Govt. Organization & Disclosing Business Practices and Performance on various issues, e.g. Energy
Pressure Groups Conservation, Global Warming, Human Rights, Animal Rights, Protection of Rainforests
& Endangered Species, Child and Forced Labour, etc.
7 Company Responding to the needs & concerns of people who can influence its success, and
whom the Company can impact through its business activities and its processes.

Question 6: Chapter 18: Corporate Communication Aspects RTP


A key element in any Communication Activity is the values of the Organization. Explain.
Solution:
1. Organizational values are beliefs and ideas about what kinds of Goals, Members of an Organisation should pursue and
ideas about the appropriate principles of behavior that organizational members should use to achieve these goals.
2. When people are in doubt about decisions, they frequently rely on deep seated values to help them make the right choice.
3. Values of an organization can be understood from its Vision and Mission Statement, which provide short descriptions of
the purpose of organizations and the directions they try to take to achieve success.
4. Organizations communicate their Vision and Mission Statements suitably, so that employees know about the
Organization Values.

May 2015.4

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