Nov 23 MTP-1 (Q)
Nov 23 MTP-1 (Q)
Nov 23 MTP-1 (Q)
2
7. Goals Limited, a listed company has authorised share capital of ` 25,00,000 (issued, subscribed
and paid up capital of ` 20,00,000). The company has planned to buy back shares worth
` 10,00,000. What is the maximum amount of equity shares that the company is allowed to buy
back based on the total amount of equity shares?
(a) ` 2,00,000
(b) ` 5,00,000
(c) ` 6,25,000
(d) ` 8,00,000 (2 Marks)
8. A Limited made a public issue of Debentures. The articles of the company authorises the
payment of underwriting commission at 2 per cent of the issue price. The company h as
negotiated with the proposed underwriters, Gama Brokers and has finalised the rate at 2.25 per
cent. The amount that the company is eligible to pay as underwriting commission is:
(a) 5%
(b) 2%
(c) 2.5%
(d) 2.25% (2 Marks)
9. During the half year ended September 2022, the board of directors (BOD) of Gold Leaf Limited
has made an application to the Tribunal for revision in the accounts of the company for the
financial year ending on March 2020. Further during the year ended Marc h 2023, the BOD has
again made an application to the Tribunal for revision in the board’s report pertaining to the year
ended March 2022. You are required to state the validity of the acts of the Board of directors.
(a) The act of the BOD is valid only to the extent of application made for revisions in accounts
as board’s report are not eligible for revision.
(b) The act of the BOD is valid as application made for revision in the accounts and board’s
report pertains to two different financial year.
(c) The act of the BOD is invalid as the law provides for only one time application to be made in
a financial year for revision of accounts and boards report.
(d) The act of the BOD is invalid as to the application made for revision in accounts pertains to
a period beyond 2 years immediately preceding the year 2023. The application made for
revision in the Board report is however valid in law. (2 Marks)
10. A reserve account that shall not be used by the company for any purpose other than repayment
of deposits is called:
(a) Debenture redemption reserve account
(b) Deposit repayment reserve account
(c) Capital redemption reserve account
(d) Free reserve account (1 Mark)
11. Raj Limited purchased a property from ABC Limited which was mortgaged to DEF Bank against a
loan of ` 50 lakh. Raj Limited settled the dues to DEF Bank and the same was registered with the
sub-registrar. However, neither the ABC Limited nor DEF Bank has filed particulars of
satisfaction of charge with the Registrar of Companies. In this particular case what will Raj
Limited do to file particulars of satisfaction of charge with the Registrar of Companies?
(a) Raj Limited needs to approach DEF Bank or ABC Limited to file a memorandum of
satisfaction as they were the party to mortgage.
(b) Raj Limited can directly request the Registrar to file a particulars of satisfaction noting the
release of charge.
(c) Raj Limited needs to approach DEF Bank (mortgagee) to file particulars of satisfaction of
charge with the Registrar of Companies.
(d) Raj Limited needs to approach ABC Limited (mortgagor) to file particulars of satisfaction of
charge with the Registrar of Companies. (2 Marks)
12. A person employed to do any act for another, or to represent another in dealings with third
persons is called:
(a) Principal
(b) Agent
(c) Bailor
(d) Bailee (1 Mark)
13. Statutory interpretation is a practice through which the courts break down the words of a
legislation and give true intent to it. While the legislature makes the laws, the judiciary performs
the art of interpretation to give meaning to the words of the law maker. It is correctly said that
“The purpose of Interpretation of Statutes is to help the Judge to ascertain the intention of the
Legislature – not to control that intention or to confine it within the limits, which the Judge may
deem reasonable or expedient”. For interpretation of statutes various tools are used, you are
required to pick the option depicting correct sequence of tools in order their application.
(a) Internal Aids to Construction, External Aids to Constructions, and Literal Construction
(b) Literal Construction, Internal Aids to Construction, and External Aids to Constructions
(c) Internal Aids to Construction, Literal Construction, and External Aids to Constructions
(d) External Aids to Constructions, Internal Aids to Construction, and Literal Construction
(1 Mark)
14. In all Central Acts and Regulations, unless there is anything repugnant in the subject or context,
words importing the masculine gender shall be taken:
(a) To exclude females
(b) To exclude girl child
(c) To include females
(d) To exclude boy child (1 Mark)
15. Where, by any Central Act, a power to make any appointment is conferred, then, unless a
different intention appears, the authority having for the time being power to make the
appointment shall also have power:
(a) To appoint the members of that family
(b) To grant increment to any family members
(c) To suspend or dismiss any person appointed
(d) No other power is conferred except for appointment (1 Mark)
4
16. An internal aid that may be added to include something within the section or to exclude
something from it, is—
(a) Proviso
(b) Explanation
(c) Schedule
(d) Illustrations (1 Mark)
17. A negotiable instrument drawn in favour of a minor is
(a) Void ab initio
(b) Void but enforceable
(c) Valid
(d) Quasi contract (1 Mark)
18. Arvind, Bablu and Chandu, as sureties for Dharmpal, enter into three several bonds, each in a
different penalty, namely, Arvind in the penalty of each 10,000 rupees, Bablu in that of 20,000
rupees, Chandu in that of 40,000 rupees, conditioned for Dharmpal’s duly accounting to Esha.
Dharmpal makes default to the extent of 30,000 rupees. How much amount Arvind, Bablu and
Chandu are each liable to pay:
(a) 7500 rupees
(b) 10,000 rupees
(c) 20,000 rupees
(d) 30,000 rupees (2 Marks)
19. In every contract of guarantee there is an implied promise by the --------to indemnify the -----------:
(a) Surety / Principal Debtor
(b) Principal Debtor / Surety
(c) Creditor / Principal Debtor
(d) Creditor / Surety (2 Marks)
20. The date of maturity of a bill payable hundred days after sight and which is presented for sight on
4th May, 2023, is:
(a) 13 August, 2023
(b) 14 August, 2023
(c) 15 August, 2023
(d) 16 August, 2023 (2 Marks)
6
(d) Examine the validity of the following statements with reference to the Negotiable Instruments Act,
1881.
(i) Alteration of rate of interest specified in the Promissory Note is not a material alteration.
(ii) Conversion of the blank indorsement into an indorsement in full is not a material alteration
and it does not require authentication. (3 Marks)
3. (a) State the purposes for which the securities premium account can be utilized? (5 Marks)
(b) Mr. Ambrish, holder of 1000 equity shares of ` 10 each of AB Ltd. approached the Company in
the last week of September, 2022 with a claim for the payment of dividend of ` 2000 declared @
20% by the Company at its Annual General Meeting held on 31.08.2014 with respect to the
financial year 2013-14. The Company refused to accept the request of R and informed him that
his shares on which dividend has not been claimed till date, have also been transferred to the
Investor Education and Protection Fund.
Examine, in the light of the provisions of the Companies Act, 2013, the validity of the decision of
the Company and suggest the remedy, if available, to him for obtaining the unclaimed amount of
dividend and re-transfer of corresponding shares in his name. (5 Marks)
(c) Mr. A made endorsement of a bill of exchange amounting `50,000 to Mr. B. But, before the same
could be delivered to Mr. B, Mr. A passed away. Mr. R, son of Mr. A, who was the only legal
representative of Mr. A approached Mr. B and informed him about his father's death. Now, Mr. R
is willing to complete the instrument which was executed by his deceased father. Referring to the
relevant provisions of the Negotiable Instruments Act, 1881, decide, whether Mr. R can complete
the instrument in the above scenario? (4 Marks)
(d) What is External Aid to interpretation? Explain how the Dictionary definitions are the External
Aids to Interpretations? (3 Marks)
4. (a) Ram Limited is planning to make a private placement of securities. The Managing Director
arranged to obtain a brief note from some source explaining the salient features of the issue of
private placement that the Board of Directors shall keep in mind while approving the proposal on
this subject. The brief note includes, inter alia, the information / suggestions on the following
points:
(i) A private placement shall be made only to a select group of identified persons not
exceeding 200 in a financial year.
The aforesaid ceiling of identified persons shall not apply to the offer made to the qualified
institutional buyers but is applicable to the employees of the Company who will be co vered
under the Company's Employees Stock Option Scheme.
(ii) The offer on private placement basis shall be made only once in a financial year for any
number of identified persons not exceeding 200.
The Company solicits your remarks on the points referred above as to whether they are
valid or not? Reasoned remarks should be given in accordance with the provisions of the
Companies Act, 2013. (5 Marks)
(b) A Limited having a net worth of ` 200 crore wants to accept deposits from its members. It has
approached you to advise whether it falls within the category of an eligible company? What
special care has to be taken while accepting such deposits from members? Give your answer in
terms of the provisions of the Companies Act, 2013. (5 Marks)
(c) (i) Kiran and Naman had a long dispute regarding the ownership of a land for which a legal suit
was pending in the court. The court fixed the date of hearing on 29.04.2023, which was
announced to be a holiday subsequently by the Government. What will be the computation
of time of the hearing in this case under the General Clauses Act, 1897?
(ii) Income Tax Act, 1961 provides that the gratuity paid by the government to its employees is
fully exempt from tax. You are required to explain the scope of the term 'government' and
clarify whether the exemption from gratuity income will be available to the State Government
Employees? Give your answer in accordance with the provisions of the General Clauses
Act, 1897. (4 Marks)
(d) Nehul, a director of a Company, not being personally concerned or interested, financially or
otherwise, in a matter of a proposed motion placed before the Board Meeting, did not disclose his
interest although he has knowledge that his sister is interested in that proposal. He restrains from
making any disclosure of his interest on the presumption that he is not required by law to disclose
any interest as he is not personally interested or concerned in the proposal. He made his
presumption relying on the 'Rule of Literal Construction'. Explaining the scope of interpretation
under this rule in the given situation, decide whether the decision of Nehul is correct? (3 Marks)
5. (a) The Board of Directors of Paper Limited, a subsidiary of Fish Limited, decides to grant a loan of
` 3 lakh to Mr. Money, the finance manager of Paper Limited, getting salary of ` 40,000 per
month, to buy 500 partly paid-Up equity shares of ` 1,000 each of Paper Limited. Examine the
validity of Board's decision with reference to the provisions of the Companies Act, 2013.
(4 Marks)
(b) The role of doctrine of 'Indoor management' is opposed to that of the role of 'Constructive notice'.
Comment on this statement with reference to the Companies Act, 2013. (6 Marks)
(c) Explain the meaning of contract of guarantee according to the provisions of the Indian Contract
Act, 1872. (4 Marks)
(d) "The act done negligently shall be deemed to be done in good faith."
Comment with the help of the provisions of the General Clauses Act, 1897. (3 Marks)