Burdwan University Company law LL.B 2014 fourth semester exam question papers and sample answers

Time : 3 Hours                                                                                                                Full marks: 100

Candidates are required to give answers of the questions in their own words as far as practicable.

Answer any five questions

1. Trace in brief the history of Company legislation in India since 1850. +20

2. What id Memorandum of Association of a company? Name the different clauses contained in such memorandum. +20

3. "Prospectus is an invitation issued to the public to take shares and debentures of the Company or to deposit money with the company" Justify. +20

4.(a) How are Directors of a company appointed? State the recent changes incorporated by the Companies Act 2013 relating to appointment of Directors.

(b) Enumerate in brief the position of the first Director under section 254 of the Companies Act 2013. (10+10=20)

5. What is meant by dividend of a company? Enumerate the provisions under section 126 regarding right to dividend of the shareholders. Mention the provisions under section 127 for punishment for failure to distribute dividend by company. +20

6. (a) "The doctrine of Constructive notice is not a positive doctrine but a negative one" Discuss.

    (b) What are the exceptions to the doctrine of indoor management? 10+10= 20

7. " An auditor is a watchdog not a bloodhound" Discuss the statement with reference to duties of an auditor with the help of case laws. +20

8. Define doctrine of ultrta vires. How far a Company is bound for an ultra vires Act? +20

9. What do you mean by share capital? Discuss the nature of share of a company and point out the restriction on it's transferability. (4+8+8= 20)

10. Write short notes on any of the following four

(a) Forfeiture of Shares

(b) Articles of Association

(c) Remuneration of Directors

(d) Certificate of Incorporation (4x5=20)