This question paper contains 8+2 printed pages) Your Roll No... 6369 LL.B.IV Term A Paper LB—4031': BUSINESS ASSOCIATION-II “ (Company Law) Time : 3 Hours Maximum Marks : 100 (Write your Roll No, on the top immediately on receipt of this question paper.) Note -— Answers may be written either in English or in Hindi; but the same medium should be used throughout | the Paper. . feoqoit :- ga Wea-Ta a Se Sits ar fed feet uH aT 3 dfn; afer ait at a oem ue dt er afer 1 Attempt Five questions including question No. 1 which is compulsory. Ail questions carry equal marks. afar wa ten 1 afer qa uta we S se fafaq) eet wei $ si a ZI 1. Attempt briefly any four of the following : (a) “One Person Company” proposed by the Companies Bill, 2009. “PTO.(6) Government Companies. (c) Procedure for shifting registered office from jurisdiction . of one Registrar of Companies to that of another Register within the same State. (d) Constructive Notice. (2) Appointment of first directors of a company. frafafer 2 a feat ue a am day a fefer : (@ ert faa, 2009 ga yenfad “THe safed wert | (BRE Heahreh @ wows aw aot fer at afnia a fed om chen a afin 4 wort 3 ded aries H afta ee st sia) @ safe wat ( wert & var fewat at fafa(3 >) 6369 “The statutes were intended to allow incorporation of seven independent bonafide members who had mind and will of their own and were not mere puppets of an individual who intended to carry on his own business with limited liability in the name of a joint stock company.” Critically examine the validity of the above statement with reference to decided cases and also discuss the advantages of incorporation. “ral ar amr ae a fe ta am eda went weet a aiaica fee oft at aquis a fas Te awa wee ae amet per sik ah Be ft oa at more aw] fre yee WaT ete eer foam 8 difie afer Fo ae om ee a ater wart st ai” fami Sa S aml A scder sen wt aun at wien sia aie ak fae Fo ani ar a fee afr (PTO.Attempt any qwo of the following : (a) Explain the doctrine of Indoor Management with ~ reference to facts and principles of law laid down in Royal British Bank Vs. Turquand (1856) 119 ER 886. (6) What are various kinds of “limited liability” enterprises that can be set up under law ? (c) Write a short note on lifting of the corporate veil. fafeated 4 8 fet a a an fafeu : (@) Royal British Bank Vs. Turquand (1856) 119 ER 886 4 ofeefia wai ak feared & at a oan ver @ fagra at omen aif ® 8 @h-are fahr yer & ‘afta cf” aa var $ Sar FS sinia sentra faa wm aR t ? @ fr are sae a we afar feonit fafai .@ @) (a) (3). : . 6369 A company proposed to shift its registered office from Mumbai to Dethi on the ground that there was better scope in Delhi for the expansion of its business. The state of Maharashtra opposed shifting of registered office on the ground that Mumbai offers better scope for expansion of company’s business. Decide with reference to decided cases. Define the term promoter and explain how and to whom disclosure is to be made by the promoters who sell their own property to the company floated by them. w aor a am ied aries a qed a tam feel AA Ha se HR Tae fen a fe feet 4 as ate a Far al Fer pie oti were wa A eared wraiva 1 FI UM AT ee ore WH fe : PTO.(6) 6369 fea on fe yey 4 sori & ater a dart at darn Usen ti farizaa dai & aed F fafteaa aif () Arats’ wee at oftnfea atfne ae ere safe fe sa Wade a fire ween am frat yar aon ta @ St ae ea st aah a and Ba wey at wy wer} a aaa e 2 Explain the doctrine of utra-vires with reference te Ashbury ~ Railway Carriage and Iron Co. Ltd. Vs. Riche (1875) _ LRTHL653 and other decided cases. Can an ultra vires contract be ratified ? afternia fase st teent tea dite ait ager aratt fafafes aware fter (1875) LR7HL653 SI ata fafafear Hal # wet F oren afc, an feat sifted afaer a ogame fea ower B20“The rule of equity which insists on those who by use’ of. a fiduciary position make a profit, being liable to account for that profit in no way depends on fraud-or absence of bonafide.” Critically examine the above statement with reference to decided cases and also state the directors’ duties as proposed by the Companies Bill, 2009 ? a aot feet aw wa a fea fet am soex ta cm amt € fre oy S afr a Ke me fa 7 a1" fafiiran aut @ aed a oader wen Bt etenem sia aif qn wert fae, 2009 ae aerpenfaa feat @ adel ar ot ate afar PT.O.“There must be an unpair abuse of powers and impairment of confidence. in the probity with which the company’s affairs are being conducted as distinguished from mere * resentment on the part of minority at being outrooted on some issue of domestic policy.” Discuss this statement and point out the conditions for seeking relief under Section 397 of the Companies Act, 1956. ta ffi S as mi w set aa TH ari ee afr a agfar gern ait sq garnet & gf fret aa wert & arf a urn WM wt %, fava 4 fra ot eer aed” wa ae FI faa sie ae wert afta, 1956 at ae 397 Bowed as aA wt qo wi wm ua “aime :8 C9 3 ’ 6369 A company was formed with the main object of manufacturing, coffee ftom dates under a German Patent to be acquired by y the company. However, the company failed to acquire German Patent but started snamufecturing coffee from dates under a Swedish patent which the company acquired. A petition for winding up of the company has been filed by a contributory. How would you decide ? Also ‘discuss the grounds for compulsory winding up of a company with reference to statutory provisions and the case law. we sent an fain cet om afta fee ot aa WH Re Soe aa a ste Ain eas waS Sea Gat fet rn ar we art ay ae afta =a a frea ati we aor} wifer Be ofa a fen ste suk ae agi Bath ar, , PTO.6369 ( 10) 6369 Fre aon ge a fea we after ge ment wr Tian fay aes feu ae wea ax Hh am fea ver fafa at 2 apt avait aq fola fafa So wat a sent Fo ofrerl ueaa ®q omer a ot fae ste