Академический Документы
Профессиональный Документы
Культура Документы
< Answer
1. Which of the following are the advantages of Law? >
(a) Formalism, as more emphasis is put on the form of law than its substance
(b) Law is conservative in nature as the lawyers and judges favor continuation of the existing law
(c) Very often law is static
(d) It is more reliable than individual judgment
(e) Both (b) and (d) above.
(1 mark)
< Answer
2. Which of the following amounts to a valid consideration? >
(a) The promise not to complain for the father’s promise to release him
(b) A promise to do something which are is already bound to do under an existing contract
(c) A person undertakes to do something more than what he is bound to do under the original
contract
(d) Both (a) and (c) above
(e) Both (b) and (c) above.
(1 mark)
< Answer
3. An absolute contract for sale of future goods can be made by >
(a) The future sale of present goods (b) Present sale of a chance of obtaining goods
(c) A sale of a mere expectation depend upon a chance
(d) Both (b) and (c) above (e) (a), (b) and (c) above.
(1 mark)
< Answer
4. Which of the following is/are not the privileges of holder in due course? >
(a) If the negotiable instrument is lost, the defenses on the part of a person liable on a negotiable
instrument cannot be set up against a holder in due course
(b) Once negotiable instrument passes through the hands of a holder in due course, it gets cleansed
of all the defects even though the holder in due course is party to the fraud
(c) Until the instrument is duly satisfied, every prior party to a negotiable instrument is liable to a
holder in due course
(d) Both (a) and (b) above
(e) Both (a) and (c) above.
(1 mark)
< Answer
5. Which of the following provisions are not applicable to private companies? >
(a) All Pre incorporation contracts are void under the Companies Act, 1956
(b) Members and Company are one and same
(c) Provisional Contracts are void
(d) Central Government will appoint the first director of the company
(e) Company can exercise all those Rights that are applicable to Citizens of India.
(1 mark)
< Answer
21. The board of directors of ABC Ltd. company appointed Mr. Z as managing director at its board of >
directors meeting though not mentioned in the agenda items. Is the appointment valid?
(a) The board of directors do not have power to appoint managing director, hence the appointment
is invalid
(b) With out the agenda item the appointment of managing directors cannot be taken in the board
meeting hence the appointment is invalid
(c) In the board meetings other than the agenda items also can be resolved with the permission of
the chair hence the appointment is valid
(d) Both (a) and (b) above
(e) Both (b) and (c) above.
(1 mark)
< Answer
22. Which of the following contracts is valid? >
(a) Where a contract has many objects but only one consideration
(b) Where a contract has several objects but some of which are legal and some of them are illegal,
but they both are inseparable
(c) Contracts which do not explicitly cross the limits of legality
(d) Contracts which involve non-criminal breach of law
(e) Agreement to sale of good will.
(1 mark)
< Answer
23. Which of the following instruments are permitted to use adhesive stamps? >
(a) Which proposes to transfer to the endorsee a part only of the amount payable on the instrument
(b) Which prohibits further negotiation of an endorsement
(c) Which limits or negatives the liability of the endorser
(d) Both (a) and (b) above
(e) Both (b) and (c) above.
(1 mark)
< Answer
30. Which of the following decisions can be taken by committee of Board of Directors? >
(a) Only (I) above (b) Both (I) and (II) above
(c) (I), (II) and (III) above (d) All (I), (II), (III), (IV) and (V) above
(e) (II), (III) and (V) above.
(1 mark)
< Answer
31. Which of the following is true as regards the difference between assignment and negotiation under >
the Negotiable Instruments Act, 1881?
(a) Assignment may or may not be in writing where as negotiation must be in writing
(b) Title of assignee is not important matter where as in case of negotiation the title of the transferor
is better then that of the transferee
(c) Consideration is presumed in case of negotiation but whereas in assignment the transferee must
prove consideration for the transfer
(d) Either of the above
(e) Both (a) and (b) above.
(1 mark)
< Answer
32. Every company should file its annual return within >
50,000 Equity shares of Rs. 10 each at Rs. 390 per share in PQR Co. Ltd., inclusive of 20,000
equity shares renounced by others.
Investment of Rs. 1 crore in 11% debentures of Albert Pharma Ltd.
50,000 Units of US-64 issued by the UTI at Rs. 14.50 each
25,000 Equity shares of Rs. 10 each @ Rs. 130 each in securities. Which of the following
amounts further the company apart from the existing investments can invest in other body corporates?
(a) 10,82,25,000 (b) 18,82,25,000 (c) 10,25,25,000 (d) 17,65,45,000
(e) 8,82,25,000.
(2 marks)
< Answer
47. You are the consultant of the Novo Pharmaceutical (Pvt.) Ltd. Your company has approached IFCI >
Ltd., for a term loan of Rs. 7.5 crore. While IFCI Ltd. agreed to provide the term loan with a condition
of appointing a nominee director in the board, as this company is not a subsidiary of any public
company. On scrutiny of the articles of association of our company, it was found that there was no
provision for appointment of nominee director in your company. But after appointing this nominee
director the total number of directors will go up to thirteen. As a consultant what would be your advise
to the company in this regard?
(a) The company has to alter the articles of association for having a provision of appointing the
nominee director
(b) The nominee directors cannot be appointed in a company, even though the financial institution
demands
(c) The company has to obtain the permission of Tribunal for increasing the directors more than
twelve
(d) Company can appoint nominee director of IFCI even in the absence of a provision in the articles
of association
(e) Both (a) and (c) above.
(2 marks)
< Answer
48. Savoy Ltd. had eight members at the time of incorporation. Within two months, two of the members >
transferred their shares to one of the existing members. After one year, the company went into
liquidation and the creditors sought to recover their dues from the members. The members having paid
full value of the shares accepted no liability. Advise the legal position.
(a) The members are liable to creditors
(b) The member are not liable since their liability is limited
(c) Company is an artificial juristic person, hence it is separate from the members and the creditors
cannot recover from the members but only form the company
(d) Both (b) and (c) above
(e) None of the above.
(2 marks)
< Answer
49. A, B and C hold jointly 100 shares in a listed company. They want the order of names changed in the >
share certificate as B, A and C and make an application for change and lodge the original share
certificate. The company directed them to execute a proper instrument of transfer to effect the change,
In this context, which of the following statements is/are true?
(a) The company cannot reject for changing the names
(b) The joint shareholders have no authority to request for change of order of names
(c) The order of names once allotted cannot be changed
(d) The company has to reject changing the order of names
(e) Both (b) and (c) above.
(2 marks)
< Answer
50. Standee a managing director of Aswin software Ltd. occupied the guesthouse of the company for >
commercial purposes, as his wife is carrying some other software development. On coming to know
the fact, the company ordered him to vacate the guesthouse, since the house is provided for his
residential purpose but not for the commercial purpose. He still continued to occupy the same. In the
above context which of the following statements is/are true with regard to the taking the possession
back of the guesthouse of the company?
(a) Once residence is provided, it is immaterial to the company for what purpose it is used for, hence
no action can be taken by the company
(b) The company by taking the legal aid can get the possession of the guest house
(c) Since Standee is continuing as managing director, he cannot be asked for vacation of the
residential house
(d) Managing director cannot be questioned by the company, since he is the top cadre officer
(e) Both (a) and (c) above.
(2 marks)
< Answer
51. X, who was appointed as an additional director of a public limited company for the first time, filed his >
consent with the company by way of a letter. He also signed his consent in Form No. 29 and gave it to
the company for filling with the Registrar of Companies. Due to inadvertence the aforesaid consent
was not filed within the prescribed period. What would be the status of X as additional director?
(a) He has to vacate the office of additional director
(b) He can continue as additional director
(c) A request can be made to ROC for extension of time for filing of the Form-29, and then he can
continue as additional director
(d) He cannot be continued as additional director but he can act as regular director
(e) Both (a) and (d) above.
(2 marks)
< Answer
52. Modern Ltd. proposes to appoint Kalid, a relative of one of the directors of the company, as general >
manager marketing on a monthly remuneration of Rs.40, 000. In this context, which of the following
provisions of the Companies Act are to be complied with?
(a) Passing of a board resolution alone is sufficient
(b) Passing of a special resolution is required
(c) Passing of an ordinary resolution and Central Government’s permission are required
(d) Prior consent of the company by a special resolution and the approval of the Central Government
is required
(e) No resolution is required to be passed, but Central Government’s permission is compulsory.
(2 marks)
< Answer
53. A company created a charge on its assets in favor of Lika Bank Ltd. On 1 st October 2003. This charge >
was filed with the Registrar of Companies on 10th October 2003. The Registrar of Companies issued
certificate of registration of charge on 15th October 2003. The same company also created charge on the
same assets in favor of Sahara Bank Ltd. On 9th October 2003 and filed the charge with the Registrar of
Companies on 10th October 2003. The Registrar of Companies registered that charge and issued
certificate on 12th October 2003. Which of the following will be your answer to have priority in
recovering its dues by disposing of the assets?
(a) Creation of charge is important than registration of charge hence Lika Bank will get priority
(b) Registration of charge took place before the other bank, hence Sahara Bank will get priority over
the other
(c) Date of filing is important, hence both will get equal priority over the assets
(d) Even though both filed on the same day who ever filed first will get priority over the other
(e) Latest filed charge holder will get priority over the other.
(2 marks)
< Answer
54. 40 out of 100 members holding 20% of the paid-up capital of ABC Ltd.company submitted a >
requisition for holding an extraordinary general meeting in order to remove the managing director from
the office. On the failure of the company to call the extraordinary general meeting within the time fixed
by law, one of the requisitionist called the meeting at the registered office of the company on a day
falling within the specified period. This requisitionist held 60% of the total paid-up capital of all the
requisitionists on the day the requisition was originally made. On the appointed day, the requisitionists
could not hold the extraordinary general meeting at the registered office as the managing director kept
it under lock. The members held the extraordinary general meeting outside the registered office
premises and passed a resolution for removing the managing director from the office. Is the meeting
and such resolution valid?
(a) The extra-ordinary General meeting must be held at the registered office only, other wise the
meeting is invalid and also the resolution
(b) If the requisitionist themselves conduct the meeting, they must give an opportunity to managing
director to represent himself then only they can pass resolution other wise the resolution is invalid
(c) The meeting is valid and resolutions are also valid
(d) Managing director cannot be removed at an extra-ordinary meeting
(e) Both (a) and (b) above.
(2 marks)
< Answer
55. ‘A’ makes a promissory note in favor of B in respect of a debt owed by ‘A’ to ‘B’. After A’s death, the >
note is found among some of the papers of the deceased A. In the above situation, can B recover the
amount on this instrument?
(a) B cannot recover the amount on this instrument
(b) B can recover the amount from the legal heirs of the deceased A
(c) B can recover the amount from the estate of A
(d) Both (b) and (c) above
(e) None of the above.
(2 marks)
< Answer
56. Ramsay, a director in RK Limited, resigned from the Board of directors with effect from 17 th March >
2003. R K Limited, which has a managing director, did not file its balance sheet and profit and loss
account for the year ended 31st March 2003 with the Registrar of Companies. Can Ramsay be
prosecuted for non-filing of the said documents?
(a) Ramsay is liable for not filing of the profit and loss account
(b) Ramsay is held liable for not filing of the Balance sheet
(c) Ramsay is not held liable since there exist the Managing Director
(d) Directors are not held liable for not filing accounts with ROC
(e) Both (a) and (b) above.
(2 marks)
< Answer
57. Harischandra is a director in 20 companies as on 1st October 2003. The composition of his directorships >
is as detailed below:
i. Alternative director in 5 public limited companies;
ii. Director in 9 public limited companies;
iii.Director in 5 private companies which are neither subsidiaries nor holding of other public
companies; and
iv. Director in 1 foreign company registered outside India.
Wise Ltd., a public limited company, wants to induct Harischandra as a director in its company.
Whether Harischandra can be appointed as director in Wise Ltd. in terms of Sections 275 of the
Companies Act, 1956.
(a) Wise Ltd. can appoint Harischandra as a director in its board
(b) Wise Ltd. has to obtain the Central Government’s permission for appointing Harischandra as
director, since he already crossed 15 directorships in other companies
(c) Wise Ltd. has to obtain the Central Government’s permission for appointing Harischandra as
director, since he already touched 20 directorships in other companies
(d) There are no limits prescribed for number of directorships for a person, hence Harischandra can
be appointed
(e) Both (a) and (d) above.
(2 marks)
< Answer
58. Directors of ABC Limited are not holding any shares in MDJ Company Limited. Similarly directors of >
MDJ Company Limited are not holding any shares in ABC Limited. But wife of director ‘A’ of ABC
Limited holds 40% of the paid up share capital of MDJ Company Limited. Board of directors of ABC
Limited entered into contract (for purchase of land )with MDJ Company Limited and director ‘A’ did
not disclose his indirect interest in MDJ company limited. What is the legal position of the director A
and the contract?
(a) Director ‘A’ has not violated, hence contract is valid
(b) Director ‘A’ has to disclose his nature of interest in the board meeting, other wise the contract
become invalid
(c) Director ‘A’ has violated the provisions of the Companies Act hence he has to vacate the office
and the contract is viodable
(d) Director need not vacate but contract is invalid
(e) Both (a) and (b) above.
(2 marks)
< Answer
59. Board of Directors of Chemky Ltd. passed a resolution for payment of sitting fees to directors and the >
same was shown as fees due to directors in the balance sheet of the company. Examine whether this
provision of fees due to directors in the balance sheet can be considered as an effective enforceable
acknowledgement of debt of the company?
(a) It is not an acknowledgement of a debt but If it is made with an intention to extend the limitation
for the liability, it is valid
(b) It is an acknowledgment of a debt
(c) Payment of sitting fees is not a debt, hence no acknowledgement of a debt
(d) No provision can be made in the balance sheet for the outstand sitting fees
(e) None of the above.
(2 marks)
< Answer
60. Raven found a purse in a computer education center. He deposited the purse with proprietor of the >
center so that the real owner can claim it. However, no one claimed the purse. Raven wants the purse
back. Can he succeed?
(a) Raven will not succeed as the position of finder of lost goods is that of bailee
(b) Raven will succeed
(c) Raven will succeed by invoking the section 146 of the Indian Contract Act
(d) He is not the owner of the purse and hence he cannot succeed
(e) Raven will not succeed as the purse was found in the computer center, the owner of computer
center can claim the purse.
(2 marks)
< Answer
61. Jolly bought a second hand car from Yogesh for Rs. 85,000 and paid for it. After Jolly had used the car >
for six months, he was deprived of it because Yogesh had no title to it. Can Jolly recover the price of
the car from Yogesh?
(a) Jolly cannot recover the price since she used the car for six moths
(b) Jolly can recover the price from Yogesh
(c) Jolly did not enquire about the ownership of the car she cannot recover
(d) Jolly cannot recover since yogesh has no title to the car
(e) Both (a) and (d) above.
(2 marks)
< Answer
62. A is a minor aged seventeen years who broke his right leg in a football match. He engaged B, a doctor, >
to set it. Does the doctor have a valid claim for his services?
(a) The doctor has valid claim for his services from the minor himself
(b) The doctor cannot claim for his services from a minor
(c) The Doctor can claim for his services from the estate of the minor
(d) It is the choice of the doctor to opt his claim from the minor or from his estate
(e) Both (b) and (c) above.
(2 marks)
< Answer
63. Ankur agreed to sell a horse to Eswar on condition that Eswar will keep the horse for 10 days on trial >
basis and have the option to return the horse within the stipulated period, if he does not find the horse
suitable. However, the horse died on the third day without any fault of either seller or buyer. State the
legal position.
(a) The agreement becomes void
(b) Eswar has to pay damages to Ankur
(c) Ankur can file a suit for loss against Eswar
(d) The agreement becomes viodable at the option of Eswar
(e) The agreement becomes voidable at the option of Ankur
(2 marks)
< Answer
64. ‘A’ employs ‘B’ on a monthly salary of Rs. 5,000 for one year. After six months, he removes B from >
the job without his fault. B goes in search of job and meets with an accident. He spends Rs. 20,000 on
medicines. Now, he claims damages from A for breach of contract and also for medical expenses of Rs.
20,000. Will he succeed on both the counts?
(a) B has no remedy against A
(b) B can file for compensation for the breach of contract
(c) B can file for reimbursement of medical expenses incurred by him in the accident
(d) This is a direct loss caused or damage sustained because for breach of contract, hence B can claim
for re–instatement of employment
(e) Both (b) and (c) above.
(2 marks)
< Answer
65. Arjun, a resident of Delhi, sent a letter of offer to Krishna of Hyderabad on March 01, 2003 relating to >
sale of his house property in Hyderabad for Rs.500, 000. In that letter of offer Arjun mentioned that he
must inform his acceptance on or before March 31, 2003. Krishna accepted the proposal and posted
the letter of acceptance properly addressed and duly stamped on March 29, 2003. The letter of
acceptance sent by Krishna was lost in transit. On April 30, 2003 Arjun sold his house for Rs.600, 000
to another party in Hyderabad. Krishna wants to sue Arjun for breach of contract. Which of the
following statements is/are correct?
(a) Krishna cannot succeed, as there is no contract between him and Arjun
(b) Krishna will succeed in his move as there is a valid contract between him and Arjun
(c) The offer made by Arjun to Krishna will be considered as revoked on loss of letter of acceptance
in transit
(d) Arjun has the right to sell his house even before March 31, 2003
(e) Both (a) and (c) above.
(2 marks)
< Answer
66. Sujit, aged 17, borrowed Rs. 5,000 from Gopal by executing a promissory note. After attaining the age >
of majority, Sujit executed a fresh promissory in consideration of a promissory note executed by him
during his minority. Gopal wants to sue Sujit to recover the money. Which of the following statements
is/are correct?
(a) Gopal can sue Sujit on the basis of first promissory note
(b) Gopal can sue Sujit on the basis of second promissory note
(c) Gopal cannot sue Sujit on the basis of any of the promissory notes
(d) Gopal can sue the guardian of Sujit to recover the amount
(e) Both (c) and (d) above.
(2 marks)
< Answer
67. Mahesh, a SEBI authorized official reaches the registered office of your company at 10.00 A.M. for >
inspection of the books of accounts of your company. Since the managing director is not available, he
was led to Smart, the finance director of the company who was present at that time. As Mahesh has
come without any prior notice or appointment, Smart is not sure whether to allow the inspection or not.
Which of the following is true as regards the inspection of books of accounts with out notice on the
company?
(a) Mahesh shall be assisted to inspect the books of accounts, by the officers/employees of the
company
(b) Mahesh cannot inspect with out previous notice on the company
(c) Mahesh cannot inspect the books of the company without prior appointment with the managing
director
(d) In the presence of all the board of directors of the company inspection can be conducted that too
during office hours only
(e) Only Registrar of Companies can inspect the books but not the officials of SEBI.
(2 marks)
< Answer
68. Scoopy Ltd. is engaged in the business of construction. A, B and C, directors of the Scoopy Ltd. are >
holding 75% of the capital of this company. The company passed a resolution at its general meeting
that it would not be interested in a particular contract for construction of a bridge. Subsequently, A, B
and C obtained the same contract on their own names and obtained profits from the contract. In the
above situation, which of the following statements is/are true?
(a) The profits belongs to Scoopy Ltd. but not to the three directors since this amounts to breach of
trust
(b) The company rejected the contract, hence it is not breach of trust
(c) This will not fall under breach of duties of directors because the company passed resolution at its
general meeting and hence the profits can be used by the directors personally
(d) Directors are different from the company and hence they can enjoy their profits out of the
corporate opportunity
(e) Both (b) and (c) above.
(2 marks)
< Answer
69. An auctioneer in Chennai advertised in a newspaper that a sale of office furniture would be held on >
September 30, 2003. A broker came from Delhi to attend the auction, but all the furniture was
withdrawn. The broker from Delhi sued the auctioneer for his loss of time and expenses. Which of the
following statements is/are correct?
(a) The broker can claim compensation from the auctioneer for breach of contract
(b) The broker will not succeed in getting compensation
(c) An invitation to make an offer is a valid offer
(d) A declaration by a person that he intends to do some thing, gives right of action to another
(e) Both (a) and (d) above.
(2 marks)
< Answer
70. ABC Ltd. a public company (with partly paid up capital), intended to convert itself into a private >
company, and sought the advise of the Company Secretary. The Company Secretary suggested that the
company is required to pass a special resolution and file the altered memorandum and articles of
association with the Registrar of Companies. The company accordingly followed and converted itself
into a private company and started carrying its business. Later on, the Registrar of Companies issued a
notice by treating conversion invalid and inoperative, for the violation of the provisions of the
Companies Act, 1956. In this context, which of the following provisions of the Companies Act is
violated?
(a) The company is to make calls on the uncalled capital before conversion takes place
(b) The company should take permission from the Central Government before effecting the conversion
(c) The company should take permission from the National Company Law Tribunal
(d) All of the above
(e) Both (a) and (c) above.
(2 marks)