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PCEGROUPI - PAPER3LAW,ETHICSANDCOMMUNICATION
MAY2010 IPceGROUP-IPAPER.2BUSINESSLAW. COMMUNICATIONAND ETHICS
Roll No...............................
Total No. of Questions-16] [Total No. of Printed Pages-12
4
Time Allowed-3 Hours Maximum M2rrks-100
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Answers to questions are to be given only in English except in the case of candidateswho have opted for Hindi medium. If a candidate who has not opted for Hindi
medium, answers in Hindi, his answers in Hindi will not be valued.
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PART-I
Answer all the questions.
1. (a) Z rent out his house situated at Mumbai to W for a rent of Rs. 10,000 permonth. A sum of Rs. 5 lac, the house tax payable by Z to the MunicipalCorporation being in arrears, his house is advertised for sale by the corporation.W pays the corporation, the sum due from Z to avoid legal consequences.
Referring to the provisions of the Indian Contract Act, 1872 decide whetherW is entitled to get the reimbursement of the said amount from Z.
(b) State with reasons whether the following statements are correct or ~ncorrect : 2xl=2
5
(i) Employees can relinguish their right to receive minimum bonus by anagreement with employer.
(ii) Ratification of agency is valid even if knowledge of the principal is materiallydefective. .
(c) Pick out the correct answer from the following and give reasons:
(i) X sells the goodwill of his retail store to Y for R~. 5 lac, and promises notto carryon the same business forever and anywhere in India. Is theagreement:1. valid
2. void
3. voidable
4. illegal.
3x1=3"
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, (ii) A w}thoih B's. au.thority let" outs B's flat to C. Afterwards B accepts rent
of the flat from C. It is an agency by :, .
(iii) P, obtains .a cheque drawn by M by way of gift. Here P is a :
2. (a) UMC Limited has only 7 shareholders having fully paid-up shares. On 30th
April, 2009, all the shares of X (a shareholder of the company) are sold to Y
(another shareholder of the company) in an auction by the order of the court.
Z, (a shareholder of the company) was in USA for a business trip from January
and thus he was not aware of the developments. The company continues to
carryon its business thereafter. In December, 2009, the company borrowed a
sum of Rs. 5 lac from the Unique Bank. Later, the company was wound up
and the Assets of the company were not sufficient for. the payment of its
Liabilities. The Bank filed a suit against Y and Z for recovery of the said loan
from them. Decide the Liabilities ofY and Z under the provisions of Companies
Act; 1956. Would your answer be the same, if the said: loan was taken in the
month of March, 2009 ?
(b) State with reasons whether the following statements are correct or incorrect: 2x1=2
(i) Issue of debentures with voting rights in not permissible.
(m A private company is required to hold the statutory meeting.
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1. holding out
2. estoppel
3.. ratification
4. necessi ty.
1. holder in due course
2. holder for value
3. holder
4. N one of the above.
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(c) Pick out the correct answer from the following and give reasons: 3x1=3
(i) Contracts entered into by a company after its incorporation and before it
is entitled to commence business are called: 4
1. . provisional contracts
2. pre- incorporation contracts
3. both 1 and 2
4. N one of the above.
(ii)The underwriting commission on shares must not exceed:
1. 2.0 percent of the issued price of shares
2. 2.5 percent of the issued price of shares
3. 5.0 percent of the issued price of shares
4. 5.5 percent of the issued price of shares
(iii)Which one of the following required ordinary resolution?
1. to change the name of the company
2. to alter the articles of association
3. to reduce the share capital
4. to declare dividends.
3. J accepted a billof exchange and gave itto K for the purpose of getting it discounted
and handing over the proceeds to J. K having failed to discou.nt it returned the
bill to 'J.J tore the bill in two pieces with the intention of cancelling it and threw
the pieces in the street. K picked up the pieces and pasted the two pieces together,
in such manner that the bill seemed to have been folded for safe custody, rather
than cancelled. K put it into circulation and it ultimately reached L, who took it
in good faith and for value. Is J liable to pay the bill under the provisions of the
Negotiable Instruments Act, 1881 ?
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4. In 2009, the Electronics Corporation, a Public Sector establishment under the. .
Department of Science and Technology, Government of Rajasthan starts to sell
mobile sets manufactured by it, in addition to T.V. sets, so as to compete with.private sector establishments of mobile sets in the market. The income from sale
of mobile sets is 30 percent of the gross income of the Corporation. The employees
of the Corporation went to strike for demand of Bonus. Decide, whether the demand
of the employees is tenable under the provisions of the Payment of Bonus
Act; 1965. Would your answer be different if the income from sale of mobile sets
is only 10 percent of the gross income of the Corporation.
5. R, a 57 years old district judge was appointed by the Central Government as
Presiding Officer of the Employee's Provident Funds Appellate Tribunal for a
period of five years. After three years, he (R) 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 R's
action to cease work under the provisions of the Employee's Provident Funds and
Miscellaneous Provisions Act, 1952.
6. S is employed in Golden ice-cream factory, a seasonal establishment. The factory
was in operation for four months only during the financial year 2009-10. S was not
in continuous service during this period. However, he has worked only for sixty
days. Referring to the provisions of the pay~ent of Gratuity Act, 1972 decide
whether S is entitled to gratuity payable under the Act. Would you answer be the
sa,me in case S works for 100 days?
7. J held 100 partly paid up shares of LKM Limited. The company asked him to pay
the final call money on the shares. Due to some unavoidable circumstances he was
unable to pay the amount of call money to the company. At a general meeting of
the shareholders, the chairman disallowed him to caste his vote on the ground
that the articles do not permit a shareholder to vote if he has not paid the calls
on the shares held by him. J contested the decision of the Chairman. Referring to
the provisions of the Companies Act, 1956 decide whether the contention of J isvalid.
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8. The object clause of the MemoranduTI?- of Association of RST Limited authorisesit to publish and sell text-books for students. The company, however, entered into
an agreement with Q to supply 100 laptops of worth Rs. 5 lac for resale purposes.
Subsequently, the company refused to make payment on the ground that the ..
transaction was ultravirus the company. Examine the validity of the company's
refusal for payment to Q under the provisions of the Companies Act, 1956.
9. K, a member of MNO Limited, appoints L as his proxy to attend the general
meeting of the company. Later he (K) also attends the meeting. Both K (the
member). and L (the 'proxy) voted on a particular resolution in the meeting. K'svote was declared invalid by the chairman stating that since he has appointed the
proxy and L's vote has been considered as valid. K objects to the decision of the
Chairman. Decide, under the provisions of the Companies Act, 1956 whether K's
objection shall be taxable.
10. Explain the 'MCA 21 Program' introduced by the Government of India to develop
computerized environment for company law. How does it serve the interest of all
the stakeholders of a company, corporate professionals and the public at large?
PART-II
Answer all the questions.
11. (a) What is meant by Corporate Governance? Explain the benefits of Good CorporateGovernance.
(b) Explain the concept of Green Accounting system.
12. Explain the various safeguards that should be adopted for overcoming threats
faced by an accountirg and finance professional.
13. State with reasons whether the following statements are correct or incorrect: 2.lx2=52
(i) Corporate Social Responsibility is closely linked with the principles of
substainable development.
(ii) A good environmental practice improves corporate performance.
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PART-III
Answer all the questions.
14. (a) Explain the functions of interpersonal communication.
(b) The statutory meeting of PQR Limited was held on 20th January, 2010 at its
registered office at Kolkata. As a secretary of the company, draft the minutes
of the statutory meeting of the shareholders of the company.
15. The Board of Directors of RSP Limited agrees with X to hire his (X's) flat at
NaIDA on lease' for ten years @ Rs. 20,000 per month for marketing office of the
company. You are a senior executive of the Board and tbeboard asks you to
prepare the lease deed for the agreement. Draft a lease deed.
16. State the contents that are required for drafting an Annual Report of a Company.
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GROUPI - PAPER3LAW. ETHICSANDCOMMI!NftJifft1M
RollNo. ..........................
.'PCC
GROUP.I PAPFR.2
NOV 2010BUSINESSlAW; COMMUNICATIONAND ETHICS
.'
Total No. of Questions - 7 Total No. of Printed Pages - 14
Time Allowed - 3 Hours Maximum Marks - 100
BSF-H"I
Answers to questions are to be given only in English except in the case of candidates who have
opted for Hindi Medium. If a candidate has not opted for Hindi medium, his answers in Hindi
will not be valued.
Question No.1 is compulsory.
Attempt any five questions from the remaining six questions.
Marks
1. (a) X sent a consignment of mobile phones worth ~ 60,000 to Y and obtained a
railway receipt therefor. Later, he borrowed a loan of ~ 40,000 from Star Bank
and endorsed the railway receipt in favour of the Bank as security. In transit
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the consignment of mobile phones was lost. The Bank files a suit against the
railway for a claim of ~ 60,000, the value of the consignment. The railway
contended that the Bank is entitled to recover the amount-of loan i.e. 40,000
only. Examining the provisions of the Indian Contract Act, 1872, decide
whether the contention of the railway is valid.
(b) (I),
State with reasons whether the following statements are correct or
incorrect.
2xl
(i) A promissory note duly executed in favour of minor is void.
(ii) No consideration is necessary to create an agency.
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(II) Choose the correct answer from the following and give reasons. 3xl
(i) Where both the parties to an agreement are under mistake as to a.matter of fact, which is essential to the agreement, the agreement is:
.
, (ii) In a contract of guarantee there are :
(iii) Cash is withdrawn by the customer of a bank from the automatic
teller machine is an example of :
(c)<,
RSP Limited allotted 500 fully paid-up shares of ~ 100 each to Z, a minor, in
response to his application without knowing that he was a minor and entered
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his name in the Register of members. Later on, the company came to know of
this fact. The company cancelled the allotment and struck-off his name from
the Register of members and also forfeited his entire share money. He filed a
suit against the action of the company. Decide whether Z would be given any
relief by the court under the provisions of the Companies Act, 1956.
BSF-H\. .
(a) valid
(b) voidable
(c) void
(d) illegal.
(a) one contract
(b) two contracts
(c) three contracts
(d) four contracts.
(a) express contract
(b) void contract
(c) tacit contract
(d) illegal contract.
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(d) (I)
(3)
BSF-H Marks
State with reasons whether the following statements are correct or 2xl
incorrect.
(i) A company should file its annual return within six months of the
closing of the financial year.
.
(ii) If a company does not receive the minimum subscription, it should
refund money received from applicants within 120 days of issue of
prospectus.
(II) Choose the correct answer from the following and give reasons: 3xl
(i) An index of members must be maintained by a company when its
membership exceeds:
(a) 20
(b) 50
(c) 70
(d) 80.
(ii) Unless the Articles provide for a large number, the quorum for a
general meeting for a public limited company is :'
(a) 1I3rdof the members
(b) 5 members personally present
(c) 2 members
(d) 7 members.
(Hi) Sources of funds for buy back of shares are:
(a) free reserves or securities premium account
(b) the proceeds of any shares or other specified securities
(c) (a) and (b) both
(d) none of the above.'",
BSF-H P.T.D.
\.
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2.
3.
(4)
BSF-H
(a) X was an employee of Uniyersal Limited. He retired from the company on
31 stMarch, 2010 and died after few months. Y, the heir of X, applied within
the prescribedtime to the company for payment of due bonus of X. T~ecompany refused to pay the bonus. Examine the validity of the company's
refusal and also state the procedure to recover the bonus under the provisions
of the Payment of Bonus Act, 1965.
(b). Explain th~ Social Sins listed by Mahatma Gandhi.
(c) MNP Limited was incorporated in September 2010. Now the company wants
to hold its first meeting of the Broad of Directors. Draft a notice of the said
'meeting along with agenda.
(a) K is an employee of RST Limited, a software company which wbrks five days
in a week. K was not in continuous service during the financial year 2009-10.,
However,she worked only for 150days because she was on maternityleave
with full pay for 50 days. Referring to the provisions; of the Payment of
Gratuity Act, 1972 decide whether K is entitled to gratuity payable under the
Act. Would your answer remain the same in case RST Limi~edworks six days
in a week?
(b) Explain the fundamental principles relating to ethics.
(c) A, Band C are partners of a firm. A retires from the firm by mutual consent
due to sickness. Remaining partners (B and C) decide to admit D as a new
partner in their firm. Draft a deed for reconstitution of partnership.
BSF-H\. .
Marks
8
.I
4
4
8
4
4
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4.
5.
(5)
BSF-H Marks
(a) Unique Builders Limited decides to pay 2.5 percent of the value of debentures
as underwriting commission to the underwriters but the Articles of the
company authorize only 2.0 percent underwriting commission on debentures.
8
The company further decides to pay the underwriting commission in the form
of flats.Examine the validity of the above arrangements under the provisions
of the Companies Act, 1956.
~
(b) State some examples of ethical issues faced by an individual at the workplace. 4
(c) Explain thevariousforms of formal communication. 4
(a) P draws a bill on Q for f 10,000. Q accepts the bill. On maturity the bill was
dishonoured by non-payment. P files a suit against Q for payment of
f 10,000. Q proved that the bill was accepted for value of f 7,000 and as an
accommodation to the plaintiff for the balance amount i.e; f 3,000. Referring
to the provisions of the Negotiable Instruments Act, 188'1 decide whether P
8
would succeed in recovering the whole amount of the bill.
(b) State with reasons whether the following statements are correct or incorrect. 2x2
(i) Business and industry are closely linked with environment and resource
utilization.
(ii) Trusteeship provides a means of transforming the present capitalist order
of society into an egalitarian one.
(c) State the reasons for acceptance of change in an organisation. 4
BSF-H P.T.O.
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I"
6.
7.
'7
(6)
BSF-H Marks
(a) In a General Meeting of PQR Limited theChairman directedto exclude certain
matters detrimentalto the interestof the company from the minutes. M, a
shareholder contended that the minutes of the meeting must contain fair and.correct summary of the proceedings thereat. Decide whether the contention of
M is maintainable under the provisions of the Companies Act, 1956.
~
8
(b) State the objectives of the Central Consumer Protection Council in India. 4
(c) 4Explain the basic principles of interpersonal communication.
(a) S retired from the services of PQR Limited on 31st March, 2009. 'He had a sum
of ~ 5 lac in his Provident Fund Account. It has become due for payment to S
on 30th April, 2009 but the company made the payment of the said amount
after one year. S claimed for the payment of interest on due amount at the rate
4
of 15 percent per-annum for one year. Decide whether the claim of S is tenable
under the provisions of the Employee's Provident Funds and Miscellaneous
Provisions Act, 1952.
(b) RSP Limited is a Public Limited Company with a limited li~bility of its
members by guarantee of ~ 10 lac to each member. The company increases theI,
liability of the members from ~ 10 to 15 lac by an alteration made in the
liability clause of the Memorandum of Association. Referring to the provisions
of the Companies Act, 1956 decide whether the members of the company are
liable for the increased liability.
4
OR
" BSF-H
\,
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(7)
BSF-H Marks
The Board of Directors of XYZ Private Limited, a subsidiary of SRN Limited,
decides to grant a loan of ~ 2.00 lac to P, the Finance Manager of the company
getting salary of ~ 30,000 per month, to buy 400 partly paid-up equity share of
~ 1,000 each of XYZ Limited. Examine the validity of Board's decision with
reference to the provisions of the Companies Act, 1956.
4
4
(c) Explain briefly the key strategies which can be used at the time of
implementation of Corporate Social Responsibility policies and practices in a
. company.
4
OR
Write a note on harassment at workplace. 4
(d) , State reasons for selecting the oral mode of communication instead of the
written mode of communication.
4
OR
X desires to gift his flat to Y. Draft a gift deed. ,4
BSF-H P.T.O.
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(8)
BSF-H Marks
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(13)
BSF-H
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BSF-H
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4
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4
4
4
4
4
P.T.O.
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(14)
BSF-H
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,PC!" 6ROUPI . PAPER3
LAW.ETHICSANDCOMMur~ICATIO.Roll No. ,....................
MAY201;
IPCCGROUP.JPAPER.2BUSINESSlAW, COMMUNICATIO"ANDETHICS
Total No. of Questions- 7 Total No. of Printed Pages - 8
Time Allowed - 3 Hours Maximum Marks - 100
KVS-H
Answers to questions are to be given only in English except in the case of candidates who
have opted for Hindi medium. If a candidate has not opted for Hindi medium, his answers in
Hindi will not be valued.
Question No.1 is compulsory.
Attempt any five questions from the remaining six questions.
Marks
1. ,(a) What is the law relating to determination of compensation, on breach of
contract, contained in Section 73 of the Indian Contract Act, 1872 ?
5
(b) (1) State whether the following statements are correct m incorrect: 2xl
(i) An agreement with a minor may be rati.fied on his attaining
majority.
(ii) A cheque marked "Not-Negotiable" is not transferable.
(If) Choose the correct answer from the following: 3xl
(i) Wbich one of the following statements is not true about minor's
position in the firm :
He can not become a partner in the firm.
I
(a)
(b) A minor and a major can enter into an agreement of
partnership.
He can be admitted to the benefits in the firm.(c)
(d) He can become a partner on becoming a major.
KVS-H P.T.O.\ .
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2.
(2) "
KVS-H
(ii) The delivery of goods by one person to another for some specific
purpose and time is known as :
..
(a) Mortgage
(b) Pledge
(c) Bailment
(d) Charge
(iii) An agency in which the agent himself has interest in the subject
matter of agency is called:
(a)
(b)
(c)
(d)
Agency by estoppel
Agency by holding out
Agency by necessity
Agency coupled with interest
(c) Explain clearly the concept of "perpetual-succession" and "cQmmon-
seal" in relation to a company. incorporated under the Companies Act,
1956.
(d) What is the law and procedure relating to registration of a non-profit
organisation as a company under the Companies Act, 1956 ?
(a) During the financial year 2010-2011 Mr. Ram was a temporary employee in
Ayurved Products Limited and drawing a salary of ~ 6000/- per month. On the
basis of charge of violent behaviour within the premises of the company, he
was prevented from working in the company for 60 days pending inquiry.
Since there was no adverse conclusion against him, he was reinstated in the
service with back salary. He worked for the remaining ten months in that
financial year and thereafter resigned from the service. Afterwards, whe),1
bonus was paid to other employees, the company refused to pay bonus to
Mr. Ram. Decide, whether Mr. Ram will be entitled to bonus under the
provisions of the Payment of Bonus Act, 1965 ?
(b) State the elements which create discrimination in employment in th~ business
organisations.KVS-H
. .. ..w..
Marks
5
5
8
8
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-
"//1Y.
3.
4.
5.
(3)
KVS-H
(a) How is the amount of gratuity, payable to employees in a seasonal as well as.other establishments, calculated under the provisions of the Payment of
Gratuity Act, 1972 ? What is the maximum amount of gratuity payable under
the said Act?
(b) What are the tips for improvinginter-personalskillsin a businessorganisation?
(a) Whether shares at premium can be issued by a company? What are the
,purposes for which the share premium account can be used under the
provisions of the Companies Act, 1956?
(b) What are the fundamental principles of ethics applicable to the persons of
finance and accounting profession?
(c) Explain the merits and limitations of oral communication.
(a) Point out the differences between a "Cheque" and a "BiU of Exchange" under
the Negotiable Instruments Act, 1881.
(b) State with reasons whether the foUowing statements are correct>!orincorrect:
(i) The responsibility of the corporate management lies towards shareholders
only.
(ii) Creation of proper et~ical environment requires a proper understanding
of the reasons which lead to an unethical behaviour.
(c) "Importance of communication is increasing day-by-day in the business
organisations." State the reasons for this increasing importance.
\. .KVS-H
Marks
8
8
8
4
4
8
2x2
4
P.T.O.
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6.
7.
(4)
KVS-H
(a) Describe the procedure for converting a private company into. a public
company under the provisions of the Companies Act, 1956.
(b) State in brief the guidelines for managing ethics and to prevent the need for
whistle-blowing in the work place.
(c) What are the characteristics of group personality?
(a) Write a short note on the composition and functions of the Central Board of
Trustees under the Employees~Provident FundJ.and Miscellaneous Provisions
Act, 1952.
(b) Which documents are required to be filed with the Registrar of Companies at
the time of registration of a company under the provisions of the Companies
Act, 1956 ?
OR
State the conditions whereunder the issuing of prospectus is not necessary
under the provisions of the Companies Act, 1956.
(c) State the pressures which are faced by the finance and accounting professionals
in an organisation in the compliance of fundamental principles of ethics.
OR
Write a note on ecological ethics.
(d) How is "noise" a barrier to effective communication?
OR
Explain the concept of "Negotiation". What are its techniques?
\."
KVS-H
...'"
Marks
8~
4
4
4
4
4
4
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r
(5)
KVS-H
(Hindi Version)
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KVS-H
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Marks
5
2xl
3xl
P.T.O.
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(6)
KVS-H
(iii) ~~~fqtl~q«1 #m~mr~~T, cn~(1Ir1')J:-
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(~) &f ~ CfiT~ -m ~ILlIRcnWJo;IT(business organizations) # fr1~l~r1# ~
~~~I.
3. (31) ~ ~ 3:p:f !.If\1tOlr11~ cn~~IR~'jCfiT~ VqiT cit "{Cfi11VqiT (~) 'IfRfH
~, 1972~ ~ ~ ~ ~ Rmfufcit~ ~ ? "3CR1 ~ ~ ~. . I
VqiTcit~ fi:RRT"{Cfi11~ ~?
(~) ~ ~Iqtilf~cn Wr&=r#3i<{1~~~cn ~-m~~~CFIT~~?\,'.
KVS-H
,,"'.., "",-'"'"'
Marks
5
5
8
8
8
8
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;r
(7)
KVS-H Marks
(31) Cf(IT~ ~ 3TtR ~ Cf)fFrl1R ~ (premium) ~ ~ ~ ~ ? ~ 84.
~, 1956* ~ * ~ ~~ ~ ~ ~~ m am~ ~ cn1
~Cf)f~~~~~ ?
(Gf) ..nr~H"~*~~~~~~~~~"ffim CGICI~lq *CGI~ql ~~mff~? 4
(~) ~~(~)*1JUT~~,*q;f~ 1 4
5. (31) ~(~I~~~, 1881 *~"~'~"r~r<1j..jq~"*l1Ur3RR~ I 8
(~) CfiRUT~ ~ fcp Cf(ITf.:p:;:r~ ~ ~~ ~ : 2x2
(i) ctIl( YI~c. ~ cn1r"1~GI(1~ ~ *~ ~ 1
(ii) ~ <1lr(1~,,~qClI(1IC1(UIcn1~ * m 3'IICI~qctl(11~ &f CfiR1JiT ~ c3Tcn~
~cn1~~~q;f~~~ 1
(~) "CGIlyf(ctIWfa;:IT.q~-Gf-~ ~~tIUI (communication) Cf)f~ ~ ~ ~ ~ I" ~
~ ~ ~ *CfiR1JiTq;f ~ 1
4
6. (31) ~~, 1956* ~ * ~ ~ ~ ~ q;f,fficn(public)~.q
yRClk1(1CfiBcn1~~ I
8
(Gf) ~.q &f ~ q;f~ ~ ctII4~<1~ WiT~ (whistle-blowing) cnl3'IICI~qctldl
q;f~~~ 4r(1ct1(11~~~ 1
4
(~) crt CGI~\Ct(group personality) cnlCf(ITrq~lt1(1I~~ ? 4
KVS-H P.T.O.,--.
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"'
(8)
7.
KVS-H Marks
(31) ctIA~I(')~ m ~ ~ ~~, 1952c))~ ~ ~ ~ cn1 4
~~~1R~flu:!uft~ I
(Gf) ~ ~ ~ G«1I~\11t \ifT~ c))(f\11~~I"1c))~ ~ ~ (f~~I( c))~ ~
~, 1956c))3Rrffi l:fiTffi~ ~ ~ t ?
4
3t?TCn
~ ~, 1956 c)) 3Rrffi &T Gm3TICfiT~ ~ fClCl(fulctll(prospectus)
\ifTit~ \i1RT3iICI~(jctI~ ~ I
(~) &T ~ (pressures) CfiT~ ~ w:RT ~ Wlo;:rc)) ~ ~ ~ Ci.lCltllf(j(j1
CfiT"1,)f(1~II~~~ftt';l.Ji cn1~-q~~~ I
4
31QtIT
~lfH~f<1ct1.fIf<1~II~1R,flu:!uft~ I
(~) ~ tI~qul -q'm' ~ ~~ ? 4
~
'..' em tictl~'11 CfiTtI"i~1$4 I~ ~ Octl.f)~t ?
KVS-H
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'PCCGROUP.!PAPER.2
BUSiNESSLAW,COMMUNICATIONRoll No. ANO ETHICS
PCE
GROUPI . P.L\PER3
lAW,. ETHICSAND COMMUNICATIOI-
Total No. of Questions ~ 7 Total No. of Printed Pages - 8
Time Allowed - 3 HoursNOV2011
Maximum Marks - 100
SEA-H
Answers to questions are to be given only in English except in the case of candidates who
have opted for Hindi medium. If a candidate has not opted for Hindi medium, his answers in
Hindi will not be valued.
Question No.1 is compulsory.
Attempt any five questions from the remaining six questions.
.Marks
1. (a) State, in brief, the grounds on the basis of which a contract is discharged under
the provisions of the Indian Contract Act, 1872.
5
(b) What is the law and procedure for issuing a duplicate share certificate under
the provisions of the Companies Act, 1956 in case the ori~inal share certificate
is lost or destroyed?
5
Business ethics helps to promote public reputation.
12X22
=5
(c) . State with reasons whether the following statements are correct or incorrect:
(1)
(2) A nation should satisfy its social and economic requirements without
damaging the interest of future generations.
(d) What do you understand by " ethical communication" ? What are its elements? 5
SEA-H P.T.O.
\ -
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2.
3.
4.
(2)
SEA-H Marl
(a) (i) What is the amount of minimum bonus to be paid to the employees under
the provisions of the Payment of Bonus Act, 1965 ?
(ii) What is the law relating to recovery of amount of gratuity under the
payment of Gratuity Act, 1972 in case the said amount is not paid by the
employer?
(b) What 'are the differences between "Morals" and" Ethics" ?
(c) Explain the significance of" active listening" in inter-personal communication
skills.
(a) What do you understand by "coercion" and "undue influence" under the
provisions of the Indian Contract Act, 1872 ? What are the differences between
them?
(b) State the "Common Corporate Social Responsibility" (CSR) policies for
business organizations.
(c) Point out the factors which lead to grapevine communication.
(a) What is the importance of registered office of a company? State the procedure
for shifting of registered office of the company from one State to another State
under the provisions of the Companies Act, 1956.
(b) Explain the concept of "Sexual harassment" in relation to work place.
(c) What are the features of 'groups' in an organization?
\. . SEA-H
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5.
6.
7.
(3)
SEA-H
(a) State, in brief, the grounds on the basis of which a banker can dishonour a
cheque under the provisions of the Negotiable Instruments Act, 1881.
8
(b) Distinguish between "pre-incorporation contracts" and "provisional contracts"
under the Companies Act, 1956.
4
(c) Draft a business letter, presuming your facts that you have received the goods
from the company and you are sending payments.
4
(a) Examine the position of a minor in relation to obtaining membership in a
company under the provisions of the Companies Act, 1956.
8
(b) Which parameters are applicable in relation to Competition Law in India? 4
(c) State whether the following statements are correct or incorrect: 4x1=4
(i) A specific offer can be accepted only by that person to whom offer has
been made.
(ii) In case of breach of contract, the Court awards remote damages to the
aggrieved party.
(iii) A company is a legal person but not a citizen.
(iv) If the Central Government permits, a public company can be converted
into a private company.
Answer any FOUR of the following: 4x4= 16
(a) The Employees' Deposit Linked Insurance Scheme, under Section 6C of the 4
Employees' Provident funds and Miscellaneous Provisions Act, 1952 has been
amended by the Central Government. State these.amendments.
SEA-H P.T.O.
\.'
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(4)
SEA-H Marks
(b) State the conditions which are applicable for the purpose of commencement of
business by a public company under the Companies Act, 1956.
4
(c) What is the law relating to criminal liability for mis-statement in the prospectus
under Section 63 of the Companies Act, 1956 ?
4
(d) Write a note on "Social Accountability-8000".4
(e) What do you understand by the "Semantic Barriers" to communication?4
SEA-H
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(5)
SEA-H
(Hindi Version)
&{~q;f~CR~fRT1W1mTfIT~, ~*"~~ ~-qit~~ I
~~FRRfRT1W1m~~t cITe:fRT-q~~~
'"fIT~fRT-qMTTCf~cnr ~~icp1 ~Wrr I
~~ 1 ~~ I
WfW:~-q~~~~*"~tTt I
1. (31) m-q&{~q;f~frR1R~~~, 1872*~~~
cnr d~I-q1 m \ifRIT~ I
caD cITe:If'f ~-~~IUI~~ W ~ <u~ m ~ "fIT~ ~, 1956*" ~ *"
~ ~-~~IUI~~ qiT~r~r~ry~ CfiBqiT~ ~ ~ ~ ~?"'
~ CWUT~~~~~~wt<UTTffil:. .
(1) .~q;f~-q ~1C4ttlr~cp.fIrd~II~~t!QI~CPmm~ I
(2) ~ ~ q;f~ t!l~lr"1CP~ ~ ~1C4~~CP~I*qiT~ ~rql>4C4&~ *"mrq;fWo~~m~ I
~ "11r~~I1~~~' ~ 3m ~ ~ t ? ~ ~ ~ mq t ?
SEA-H
\.:.
Marks
5
5
12X22
=5
5
P.T.D.
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(6)
SEA-H
2. (31) (i) ~ ~ ~, 1965 cf>~ cf>~ ctJ~~IRq'icnt~ ~ ~
Cfft~~t?
(ii) ~ f'iql"1ctJ~ Cfft ~ q)f ~ ~ cn«IT t m ~ ~ ~,
1972 cf>~ ~ Cfft ~ Cfft ~ Cfft~ ~ t ?
M "4f("\ctJ("\I"(morals) ~ "'i,)f("\~II~;j"(ethics) cf>11'/:Zr~ 3RRt?
(B) ~'"(1~qf~ctJ .~ '1'~I(1("\1-q:'~ ~" (active listening) ~ ~ ~~~I~~ I
3. (31) ~ ~ ~, 1872 cf>~ "~("I.n?'i"(coercion) ~ "~ ~'
(undue influence) it ;mq~ ~ t ? ~ 11'/:Zr~ 3RR t ?
M <X.IICI~lfqctJ~ -q: "~I~I..q f'illf~("\ ~1~If\J.tctJ~\1"'Cilfq\CI" (CSR) Cfft~ ~ I
(B) &1~cnt~~ aill"")(1("\1(~(grapevine)~cnt~ttt I
4. (31) ~ cf>~ ctJlql(1q q)f~ ~ t? ~ ~, 1956 cf>~ ~ cf>
y~~("\ ctJlQ1(1qcnt~~it~~-q:B~Cfft~~ I
M ~ cf>~ -q:"-$:r ~(1.jl?'i"(sexual harassment) Cfft~ctJ0-I'i1cnt ~~~I~~ I
(B) ~~ -q: "~" Cfft~ fCl~l~("\I~ WiTt?
SEA-H\.'.
Marks
4
4
4
4
8
4
4
8
4
4
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5.
(7)
SEA-H
(31) y~>t?I~ ~~, 1881 t-~ t- ~ &1 3Tfi:mTcR ~ # ~ FA "IV
~~-$pCf)f~Cf){~~ I
0f) ~~, 1956t- ~ "~m~~T" (pre-incorporationcontracts)~
"~~' (provisionalcontracts)t-~ 3M'K~ I
~) 31'8 ~ Cfft~ ~ ~ ~ ~ IYIR~ 1T5fCf)f >fRC\TT~ PcP3WH~ ~ l1Wf
~Cf){fW;n~~mq~$;:r~f I
6. (31) ~~, 1956t-~t-~~Cfft ~~~dl ~~t-~#
~ ~ (minor) Cfft~ Cf)f~ ~ I
0f) 'q"J«f # ~ (competition)~ t- ~ # ~ ~ 11RCO(parameters)Bf1l~f?
rD ~PcP~~~Wf~TWm:
(i) ~ ~ WffiCfcR~ ~ ~ ~ Cf){~ ~~ WffiCf~ T/<ff I'.
(ii) ~$rt-~#.<.jlq'Mq~~cR~~~~ I
(iii) ~ 1Zq:d"c@~Cf)~~LfG1-1IIIR~~ I
(iv) -q~~mcnR"~~-ffi~~~cR~~# yR~ldd ~\jff
~~I
7. ~#~~~t-~~:,
(31)~4~1~1 ~ m ~ ~ mcr'I:1R~, 1952Cfft'I::[ffi61ft- ~ CO4~1~1
\ifBT~~~cR~mcnR"~~Cf){w.n~ I~~cR~ I
SEA-H
, '.
8
4
4
8
4
4xl=4
4x4=16
4
P.T.O.
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(8)
SEA-H Marks
(Gf) ~~, 1956~ ~ ~ mIT Cf>T~ \1IT~. ~ ~ rnrCtJI(I~I(4~ffi"~~"BB11lmmt I
~ ~~, 1956qit'tffiT63~ ~ fCjCf(fuICtJI-q~ ~ ffi" t- m ~
~~t?
4
~ "~I"ilf\JtCtJ "1CfI~~~1-8000""tR ~ fGu1uiT~ I 4
(if) ~~~UI-q,,~~ ~3TI" (Semantic Barriers) "B-mqCFIT~ t ? 4
..
SEA-H
,
\ .
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.....
I
\,
PC!GROUPI .. PAPER3LAW,ETHICSANDCOMMUNICAT1fJI
Roll No. .............................
Total No. of Questiohs '-0-7 ~AV 20ft
Time Allowed - 3 Hours
GMR-H
IPceGROUP.' PAPER.2BUSINESSlAW, COMMUNfCATIOIIJAND ETHICS
Total No. of Printed Pages - 8
Maximum Marks - 100
Answers to questions are to be given only in English except in the case of candidates who
have opted for Hindi medium. If a candidate has not opted for Hindi medium, his/her answers
in Hindi will not be valued.
Question No.1 is compulsory.
Attempt any five questions from the remaining six questions.
Marks
51. (a) Explain in brief the rules relating to 'acceptance' of an offer under the
provisions of the Indian Contract Act, 1872.
(b) Explain the provisions of the Companies Act, 1956, relating to the utilization,,
by a company, of the amount standing to the credit of Securities Premium
Account.
(c)
5
State with reasons whether the following statements are corrector incorrect: 2x2Y2=5
(1) Fairness and honesty are the pillars of success in the business.
(2) Ethical behaviour is essential to working environment at the working
place.
(d) Explain the socio-psychological barriers of communication in relation to an
organization. 5
GMR-H
\,'
P.T.O.
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2.
3.
4.
(2)
GM&".,..H~
(a) (i) Explain the provisions of the Payment of Bonus Act, 1965 relating to the
time limit within which an employer must pay the amount of bonus due to
an employee.
(ii) Explain as to when is the gratuity payable to an employee of an
establishment, under the provisions of the Payment of Gratuity Act, 1972.
(b) What reasons force a marketing executive to adopt ethical practices in
marketing? Explain.
(c) In what way is the 'Ethical Communication' advantageous to a business
establishment? Explain.
(a) What do you understand by the term 'Consideration' .? Are there any
circumstances under which a contract, under the provisions of the Indian
Contract Act, 1872, without consideration is valid? Explain.
(b) State the special responsibilities of industries that are based on natural
resources. How does the adoption of 'Green Accounting System' help in
avoiding policy decisions which are non-sustainable for the country? Explain.
(c) What do you understand by non-verbal communication ? ~xplain its methods
in brief.
(a) Explain the doctrine of 'Indoor Management' as applicable in case of
companies. Explain also the circumstances in which an outsider dealing with a
company cannot claim any relief on the basis of doctrine of 'Indoor
Management' .
GMR-H
\. "
Marks
4
4
4
4
8
4
4
8
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5.
6.
(3)
GMR-H
(b) What do you understand by the term 'discrimination' in employment as
sometime found in an establishment? Explain the basic elements of
'discrimination' .
(c) Why is the 'Active Listening' important for an individual? State the guidelines
for' Active Listening' .
(a) Examining the provisions of the Negotiable Instruments Act, 1881, distinguish
between a 'Bill of Exchange' and a 'Promissory Note'.
(b) What do you understand by the term 'Floating charge' ? State the
circumstances under which 'Floating charge' becomes 'Fixed charge'.
(c) Mr. X has received a cheque book from his bank (Sun Bank) where he (X) has
his savings account. Write a letter to the Bank acknowledging the receipt of the
cheque book.
(a) Explain the procedure for change of name of a company, as provided in the
Companies Act, 1956.
(b) Mr. V is a shareholder of MIs Brown Limited, holding 150 Equity Shares of ~,
10 each, on which the company has declared a total dividend of ~ 1,500 for the
year 2011-12. Mr. V didnot receive the dividend warrant sent by the company.
Draft an 'Indemnity Bond' to be sent to the company requesting the company
to issue a duplicate dividend warrant.
GMR-H
\.'
Marks
4
4
8
4
4
8
4
P.T.O.
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(4)
GMR-H Marks
(c) State whether the following statements are correct or incorrect: 4xl=4
(i) 'An agreement with an alien friend is valid but an agreement with an
alien enemy .isvoid'.
(ii) 'All contracts are agreements, but all agreements may not be contracts'.
(iii) 'A private limited company must have a minimum of two directors, while
a public limited company must have atleast three directors,
(iv) 'A holder of share-warrant of a company is not a member of the
company' .
\ ~ . GMR-H
7. Answer any FOUR of the following:4x4= 16
(a) Explain clearly the meaning of the term 'Basic wages' as defined under the 4
Employees' Provident Funds and Miscellaneous Provisions Act, 1952. State
also what is not included in the term 'Basic Wages'.
(b) In what way a 'Member' of a company is different from that of a 'shareholder'. 4
of the company?
(c) State the ordinary business which may be transacted at an Annual General 4
Meeting of a public limited company incorporated under the Companies Act,
1956.
(d) Explain the role played by different committees in regulating the 'Corporate 4
Governance'.
(e) Explain the importance of 'Ethics' for finance and accounting professionals. 4
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(5~~
GM~ J! IJ~)
(Hindi Version)
~~w~~~fRT~~t, ~~~~~-qm~t I
~~~~~~TfITt ~fRT-q~t=ITt
m~fRT-qWtTTCf"3w1q)f ~~iCf)'1~WTT t
~~ 1 ~t I
~U': ~-q~~~m~~~ t
Marks
1. (31) ~~~, 1872~~~~em~1~rO~~~W
m -q «~~I~~ t
5
(Gf) ~ ~ ~ r«c:f<.I1RG1~~n..~~ 19ffi-q \ifJ1T~ W ~ rn ~ ~ \ifR ~. 5
~~~, 1956~~Cf))-«~~u~~ I
(~) Cf)R1JT~ ~ Ffr~ ~ ~ ~ f "lITTWfff :2x2~
=5
(1) ~ (q,~(~«) ~ ~~I'1GI(l oqq«l~ em «\f)~OI ~~. (-3TI't1R)f I
(2) ~ 1R",m-qlolq(UI ~ ~ ~ ~lq~~Cf) t t .
0) ~ ~ ~ ~ ~ ~ -q ~ CJRYfT «1~1~Cf) ~ ~'11~;mr'1Cf)~.m w 5
«~~I~~ I
2. (31) (i) ~ 'lfTOR ~, 1965 ~ ~ ~ Cf))-«~~I~~ ~ r'1~CK11rn ~
Cf)4~1(1w ~~, em~-imT ~ 'lfTORCf)BT~, ~ ~ f I
4
(ii) ~'lfTOR~, 1972~~~~~~~Cf)4~1(lw~
q)f'lfTOR~ ~ mu t? «~~I~~ IGMR-H
4
P.T.O.
\. .
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(6)
GMR - H Marks
(~) fcr:ruR"It,fcr:ruR~14YI~~'imn ~ ~ ~3lT cnT~ ~ ~ ~ cnT 4
~1-i~1~~ I
(~) ~~IYIR~~cnT'~-~~'~W:f)R"~t?~I-i~I~~ I
3. (31) '~fdY1~'~~;mqcp:ff~~?~~~, 1872~~~~. .
cp:ffcp)t~ ~ ~~ ~ ~fdY1~~~~ (~~ mm t?
~1-i~1~4I
(~) ~lcpfd~~1R~~~~~cp:ff~?~ I ~1-i~1~~~~-W~
~ ~-"Wffi-~ ~ ~ q;f '~-Wm~~' ~ ~~, dY~)ctr1~ cnT~
W:f)R""¥WT~~t?
(~) ~I-i~f~~~ ~ ;mqcp:ff~ ~? ~ ~ cnT~ "It ~1-i~1~4 I
4. (31) ~~f-1~ ~ ~"It ffi1l~ ~ '-3iI~R~ ~' ~ f~~I~ cnT~1-i~1~~I Cffl"Cfft;rm
yRf~fd<.fi~~~~~-mCf>PFft~~Wr-~cR-mi '-3iI~R~ f~~I~'
~ ~ 1R M .qrW:f)R"Cf>1~ ~ W.fT~ CR"Wfiffi ?~ I
(~) ~~"It-u-~"It~-~~~~ '~' ~~ ;mqcp:ff~~?
~"It ~ ~1iR-mqf cnT~1-i~1~4I
(~) ~ ~-~ ~ ~ ,~ ~' (WfTT~ 1-i~\C4'iulcp;fft ? ~1-i~1~~I~-
~(WfTT~~~~-RWcp:ff~?~ I
GMR-H
"
4
8
4
4
8
4
4
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(7)
5.
GMR - H Marks
(3D Y(~I~ ~ ~, 1881~ ~ cnl~ ~ SQ:~ 'rClr-1~<.i-fcr:BT'(rC4r-1~<.i 8
~ ~ ~ 'Qr-Tf?!"' (CRR-Tf?r)-# ~ ~ I
(~) '~WW' ~ ~ 3W1 CFIT~ t ? -Qm~ m yRr~r~<.ii t ~ '~ w:IW,
'~-WW' (~-wm) -# yRC4lddm ~ ~? ~ I
(~) ~ X :wR $f) ~-~, ~ &fCfiT~-~ t ~ ~ ~-~ mt('fcnmr ~ I~-
~ mt('fcnB cnl ~ ~~, $f) CfiT~ Tf?!"ft1fum:1
6. (3D ~~, 1956~~, ~~~~-yRC4d-1~, ~TJtm~~~I~~ I
(~) ~ V, *mt ~ r(1r~~-S~ ~ ~ t ~ 1ffi1 ~ 10 cm;f ISO 'WrnT~ tm 1R ~";f qq 2011-12 Cf)f¥f ~ 1,500 Cf)f ~ ~ ~ ~ 1~ rnr
$IT ~ r-srCl~--scmc.-~ V CfiTmt('f;fflfg-:m I
r-SrC4~--Scmc.- cnl ~ ~rdr(1ry(~~~~ ~ ~ cnB~ ~ CfiT~ ~ SQ:~
~~I-1ctl ~(~-~r~~1 ~ ~~ I
(~) ~~CFIT~~Wt~l"R'ffi:
(i) '~ ~ fu5r~ Wi ~ -rr:IT Cf'W ~ ~11BI.~~. ~ ~ Wi ~ -rr:IT"
Cf'W~mm~ I'
(ii) 'ri~~Cf'W~t 11BIriCf'W, ~;fflf~ I'
(iii) '~M ~ CfiTq?11-~-q?11~ ~"C4I(1C:P(-Sl<.i{ctG()~ ~~, ~ ~
~lcI~r~c:p~ -#q?11-~-~ ~ ~"C4I(1C:P~ ~ ~ I'
(iv) '~Cf)f ~-cmc.--~ ~ Cf)f~ ;fflf ~ I'
GMR-H
4
4
8
4
4xl=4
P.T.O.
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(8)
GMR-H Marks
7. ~-q~~Tm'~"3W~ : 4x4. = 16
(31) ctJ4~1~~ AN ~ ~ mcrt1R.~, 1952~ ~ ~ 3Rt1ffi~ 4 .
'~-~' ~ cor31'lt~~~I~~ I~ m ~ ~ '~-~' ~ -q CF:IT~ ~~?
(Gf) ~ cor~ ,~,.~ ,~, ~ ~ fi:R t?
«<) ~~, 1956~ ~ f~llf~o~ ~ ~. ~ 3Wt-~ -q"qJfu:rM
4
4
\7fRcm-ft~-~-~ ~-~ ~ I
(q) 'f-1llfl-lownRFJ'~ ~~I~-1-q ~fl-lfo~iffiT3RT~ TIt~ q;f ~~~I~~ I 4
(Cr) m ~ "ffim-ot.I~~I4\~~ .fIft1~II~(Ethics) corCF:IT~. ~? ~~~I~~ I 4
GMR-H
\ .
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-,
PCE
Roll No GROUP1- PAPER3 .
. ' , 'lA\t'J',' rf H[C'S'ANDCOMMUNtGAnoli
Total No, of Questions - 7
IPceGROUP-IPAPER.'!BUSINESSLAW COMMUNICATIONANDE1HICS
Total No. of Printed Pages - 8
Time Allowed - 3 Hours Nav 2012 Maximum Marks - 100
BPL-H
Answers to questions are to be given only in English 'except in the case of candidates who have
opted for Hindi Medium, If a candidate has not opted for Hindi medium, his/her answers in
Hindi will not be valued.
Question No.1 is compulsory.
Attempt any five questions from the remaining six questions.
Marks..
1. (a) Ramesh, aged 16 years, was studying in an engineering college. On 1 March,
2011 he took a loan of ~ Ilakh from Suresh for the payment of his:college fee
and agreed to pay by 30thMay, 2012. Ramesh possesses assets worth ~ 10
s
lakhs. On due date Ramesh fails to pay back the loan to Suresh. Suresh now
wants to recover the loan from Ramesh out of his assets. Whether Suresh
, would succeed? Decide, referring to the provisions of the Indian Contract
Act, 1872.
(b) Whether a company may issue shares at discount? State the conditions which
must be fulfilled before issuing the shares at discount contained in Companies,
s
Act, 1956.
BPL-H P.T.O.
\. .
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(2)
BPL-H Marks
(c) State with reasons whether the following statements are correct or incorrect: 2x21h=5
(i)
(ii)
There is no economic growth without ecological cost.
The institution of business exists only if it fulfils the society's
expectations.
(d) Explain clearly the different types of grapevine chains in an informal
communication.
5
3. (a) State t~e essential elements of a contract of bailment. Distinguish between the
'contract of bailment' and 'contract of pledge' .
8
(b) State the reasons for accepting the change in the present management set-up
of the corporate culture in a business organisation.
4
(c) Differentiate between 'consumer interest' and 'public interest'. 4
BPL-H\ .
2. (a) (i) Who, amongst the following, are eligible for bonus under the Payment 4
of Bonus Act, 1965:
(1) An apprentice of a newly formed company.
(2) A dismissed employee reinstated with back wages.
(3) A temporary workman.
(4) An employee employed through contractor of building operation.
(ii) When an employee becomes disabled due to any accident or disease and 4
is unable to do the same work and re-employed o the reduced wages,
how the gratuity of such employee shall be computed under the
provisions of the Payment of Gratuity Act, 1972?
(b) Why is the 'critical thinking' important part of success and wisdom? What 4
steps are required to make it effective in a businessorgan',sation?
(c) What is meant by 'Stakeholders' ? Give the list of such stakeholders. 4
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4.
5.
6.
(3)
BPL~H~
(a) Explain the provisions of law and procedure relating to alteration of object
clause stated in the Memorandum of Association of a company under Indian
Companies Act, 1956.
(b) State the ethical issues which are being faced by an individual at the
workplace of an industrial organisation.
(c) State the types of groups in an organisation which play an' important role in
solving the difficult problems in an organisation.
(a) A draws and B accepts the bill payable to C or order, C endorses the bill to D
and D to E, who is a holder-in-due course. From whom E can recover the
amount? Examining the right of E, state the privileges of theholder-in-due
course provided under the Negotiable Instruments Act, 1881.
(b) Differentiate between 'Share Warrant' and 'Share Certificate' under the
Companies Act, 1956.
(c) Mis. Assure Investments, a firm of partners A and B,appoint and authorize
Mr. X giving powers' to sell and sign transfer deeds for transfer of shares and
debentures by executing an instrument of the "Power of Attorney". Draft such
instrument of the "Power of Attorney" of the firm.
(a) 'State the liability of an 'Expert' in case of misrepresentation in the
prospectus. When an expert will not be liable for his untrue statements made
in the prospectus?
(b) State the important components required in writing a "Partnership Deed" of.a
business firm.
BPL-H
\.'.
Marks
8
4
4
8
4
4
8
4
P.T.O.
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7,.
..
(4)
BPL-H Marks
(c) State whether the following statements are correct or incorrect:
(i) A proposal may be revoked by the proposer before the posting of the
letter of acceptance by the acceptor.
(ii) A private company is required to hold statutory meeting.
(Hi) The validity period of a cheque is three months.
(iv) Every shareholder is a member, but every member may not be a
4
shareholder of the company.
Answer ~y four of the following:
(a)
4x4=16
Explain the provisions of the Employee's Provident Funds and Miscellaneous 4
Provisions Act, 1952, relating to the protection of the credited amount in the
provident fund against attachment.
(b) Mr. DP, Secretary, of City Handicrafts Ltd. called an extraordinary general
meeting of the company on the requisition of some members. Mr. DP,
Secretary of the Company, issued notice of the meeting without the authority
of the Board of Directors. Discuss on the validity of the notice issu~d by
4
Mr. DP, Secretary of the City Handicrafts Ltd.
(c) Discuss the provisions of law contained in the Companies Act, 1956 as
regards to the service of documents.
4
(d) State the advantages of formal communication. 4
(e) Explain the objects of the Consumer Protection Councils in India. 4
BPL-H
\ -.
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(5)
BPL-H
(Hindi Version)
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BPL-H
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Marks
5
5
2x21f2=5
5
P.T.O.
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2.
(6)
BPL-H Marks
(31) (i) ~ 'IfffiR~, 1965iI?~ 1~~I~I(gd-q~ ~ iI?~~ 1:fPf 4
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5.
6.
4.
(7)
BPL-H Marks
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BPL-H
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P.T.O.
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(8)
BPL-H
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Marks
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INTERMEDIATE (IPC)RollNo. G.~QUP I - PAPER 2
BUSINESS lAWS, ETHICSTotalNo. of Questions-AND COMtJlUNICATiON
MAY 2013
. Total No. of Printed Pages - 8
Time Allowed - 3 Hours Maximum Marks -100
BRS-HAnswers to questions are to be given only in English except in the case of candidates who have
-opted for Hindi Medium. If a candidate has not opted for Hindi medium, his answers in Hindi
will not be valued.
~ Question No.1 is compulsory.
Attempt any five Questions from the remaining six Questions.
Marks
1. (a) Mr. D started "Self-Service" system in his shop. Mr. A entered the shop, took 5
a basket and after taking article of his choice into the basket reached the
cashier for payments. The cashier refused to accept the price. .Can Mr. D be
compelled by Mr. A to sell the said article? Decide.
(b) Explain the provisions relating to powers and functions of an inspector under 5
the Payment of Bonus Act, 1965.
(c), State with the reasons whether the following statements are correct or
incorrect:
(i) Issue of debenture with voting rights is not permissible. 2
(ii) If a registerable charge is not registered, the debt is not recoverable. . 3
(d) State suggested guidelines to handle communication ethics dilemmas. 5
BRS-H P.T.O.
\ .
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(2)
BRS-H Marks
3. (a) Discuss in detail the guidelines for managing ethics in workplace. 8
(b) To remove the Managing Director, 49% members of A Ltd. submitted
requisition for holding extra-ordinary general meeting. The company failed to
4
t
J
call the said meeting and hence the requisitionists held the meeting.,.Since the
,Managing Director did not allow the holding of meeting at a registered office
of the company, the said meeting was held at some other place and a
resolution for removal of the Managing Director was passed. Examine the
validity of the said meeting and resolution passed therein in the light of the
Companies Act, 1956.
(c) K is the wife of A. She purchased a saree on credit from B. B demanded the
amount ftom A. A refused to make the payment. B filed a suit against A for
4
the same amount. Decide in the light of provisions of the Indian Contract Act,
1872 whether B would succeed.
.... ~tBRS-H
-- ------
2. (a) X is employed in ABC Ltd., a seasonable establishment. The factory was in 4
operation for four months during the financial year 2010-11. X was not in
continuous service during this period. However, he has worked for sixty days.
Refemng to the provisions of the Payment of Gratuity Act, 1972 decide
,:"hether X is entitled to gratuity payable under the Act. Would your answer
be the same in case X works for 100 days?
(b) Distinguish between "Negotiability" and "Assignability". 4
(c) Can a company limited by shares or guarantee and having share capital 4
reduce its share capital?
(d) Distinguish between 'Moral' and 'Ethics'. 4
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4.
5.
(3)
BRS-H Marks
(a)
(b)
Discuss various steps required fore'-filing. 8
What do you understand by 'Quasi-Contract' ? Discuss. 4
4(c) Define material alteration under The Negotiable Instruments Act, 1881 and
give examples.
.(a) What do you understand by "Lease deed" ? Draft a lease deed assuming
necessary facts.
8
(b) Article of a public company clearly stated that Mr. L will be the Solicitor of
the company. The company in its general meeting of the shareholders
4
resolved unanimously to appoint Mr. M in place of Mr. L as the Solicitor of
the company by altering the articles of association. State with reasons,
whether the 'company can do so ? If L files a case against the company for
removal as a Solicitor, will he Succeed?
(c)f
XYZ Ltd. issued a prospectus inviting the public for subscription of its equity
shares stating in it that company possesses good finan~ialhealth and paying
4
dividends to its equity shareholders consisten,t1yand regularly."@20 percent
over the last five years. The fact was, company waS running in loss since last
three years and it was paying dividends to its shareholders out of accumulated
profits. Mr. Amit read the prospectus and bought 500 shares from the
company. Discovering the mis-statement made by the company in the
prospectus, he wants to rescind the contract and chiim the damages from the
company.
Referring the provisions of The Companies Act, 1956, decide, whether Mr.
Amit will succeed.
\,", BRS-H P.T.O..c.
... ~.". ---
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6.
7.
.(c)
.j
(4)
BRS-H
(a) K Ltd. was in the process of incorporation. Promoters of the company signed
an agreement for the purchase of certain furniture for the company and
payment was to be made to the suppliers of furniture by the company after
incorporation. The company was incorporated and tbe furniture was received
and used by it. Shortly after incorporation, the company went into liquidation
and the debt could not be paid by the company for the purchase of the above
furniture. As a result supplier sued the promoters of the company for the
recovery of money.
Examine whether promoters can be held liable for the payment under the
following situations:
(i)
(ii)
When the company has already adopted the contract after incorporation?
Whe~ the company makes a fresh contract with the suppliers in
(b)
(c)
substitution of pre-incorporation contract?
What is "critical thinking" ? Define.
Explain five sources of ethical standards.
Answer any four of the following:
(a)
(b)
State reasons for selecting "oral mode of communication".
"Corporate governance is about promoting corporate fairness." Discuss.
Discuss various elements that can be used to describe or influence
organizational culture.
(d) Explain the Employees' Deposit Linked Insurance (Amendment) Scheme,. .
2011 under the Employees' Provident Funds and Miscellaneous Provisions
Act, 1952.
(e) Discuss the concept of "Realty Competition" and "Protecting Consumer's
Interest".
BRS7U
~ \."
Marks
8
4
4
4
4
4
4
4
\
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""
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\
(5)
BRS-H
(Hindi Version)
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Marks
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BRS-H P.T.O.
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.-
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1
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(6)
BRS-H
'.~
2.j (:at) X, ABC Ltd. ~ ~~ ~ t, .q P-1~lr,,-('I t I ~ ~ 2010-11"$~
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,;ft"m60~CI)Jtr~ I~~, 1972"$~cR~qmf~
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4
4
4
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(7)
BRS-H
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FMarks
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INTERMEDIATE (IPC)RollNo. G.~QUP I - PAPER 2
BUSINESS lAWS, ETHICSTotalNo. of Questions-AND COMtJlUNICATiON
MAY 2013
. Total No. of Printed Pages - 8
Time Allowed - 3 Hours Maximum Marks -100
BRS-HAnswers to questions are to be given only in English except in the case of candidates who have
-opted for Hindi Medium. If a candidate has not opted for Hindi medium, his answers in Hindi
will not be valued.
~ Question No.1 is compulsory.
Attempt any five Questions from the remaining six Questions.
Marks
1. (a) Mr. D started "Self-Service" system in his shop. Mr. A entered the shop, took 5
a basket and after taking article of his choice into the basket reached the
cashier for payments. The cashier refused to accept the price. .Can Mr. D be
compelled by Mr. A to sell the said article? Decide.
(b) Explain the provisions relating to powers and functions of an inspector under 5
the Payment of Bonus Act, 1965.
(c), State with the reasons whether the following statements are correct or
incorrect:
(i) Issue of debenture with voting rights is not permissible. 2
(ii) If a registerable charge is not registered, the debt is not recoverable. . 3
(d) State suggested guidelines to handle communication ethics dilemmas. 5
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(2)
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3. (a) Discuss in detail the guidelines for managing ethics in workplace. 8
(b) To remove the Managing Director, 49% members of A Ltd. submitted
requisition for holding extra-ordinary general meeting. The company failed to
4
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call the said meeting and hence the requisitionists held the meeting.,.Since the
,Managing Director did not allow the holding of meeting at a registered office
of the company, the said meeting was held at some other place and a
resolution for removal of the Managing Director was passed. Examine the
validity of the said meeting and resolution passed therein in the light of the
Companies Act, 1956.
(c) K is the wife of A. She purchased a saree on credit from B. B demanded the
amount ftom A. A refused to make the payment. B filed a suit against A for
4
the same amount. Decide in the light of provisions of the Indian Contract Act,
1872 whether B would succeed.
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2. (a) X is employed in ABC Ltd., a seasonable establishment. The factory was in 4
operation for four months during the financial year 2010-11. X was not in
continuous service during this period. However, he has worked for sixty days.
Refemng to the provisions of the Payment of Gratuity Act, 1972 decide
,:"hether X is entitled to gratuity payable under the Act. Would your answer
be the same in case X works for 100 days?
(b) Distinguish between "Negotiability" and "Assignability". 4
(c) Can a company limited by shares or guarantee and having share capital 4
reduce its share capital?
(d) Distinguish between 'Moral' and 'Ethics'. 4
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(a)
(b)
Discuss various steps required fore'-filing. 8
What do you understand by 'Quasi-Contract' ? Discuss. 4
4(c) Define material alteration under The Negotiable Instruments Act, 1881 and
give examples.
.(a) What do you understand by "Lease deed" ? Draft a lease deed assuming
necessary facts.
8
(b) Article of a public company clearly stated that Mr. L will be the Solicitor of
the company. The company in its general meeting of the shareholders
4
resolved unanimously to appoint Mr. M in place of Mr. L as the Solicitor of
the company by altering the articles of association. State with reasons,
whether the 'company can do so ? If L files a case against the company for
removal as a Solicitor, will he Succeed?
(c)f
XYZ Ltd. issued a prospectus inviting the public for subscription of its equity
shares stating in it that company possesses good finan~ialhealth and paying
4
dividends to its equity shareholders consisten,t1yand regularly."@20 percent
over the last five years. The fact was, company waS running in loss since last
three years and it was paying dividends to its shareholders out of accumulated
profits. Mr. Amit read the prospectus and bought 500 shares from the
company. Discovering the mis-statement made by the company in the
prospectus, he wants to rescind the contract and chiim the damages from the
company.
Referring the provisions of The Companies Act, 1956, decide, whether Mr.
Amit will succeed.
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(a) K Ltd. was in the process of incorporation. Promoters of the company signed
an agreement for the purchase of certain furniture for the company and
payment was to be made to the suppliers of furniture by the company after
incorporation. The company was incorporated and tbe furniture was received
and used by it. Shortly after incorporation, the company went into liquidation
and the debt could not be paid by the company for the purchase of the above
furniture. As a result supplier sued the promoters of the company for the
recovery of money.
Examine whether promoters can be held liable for the payment under the
following situations:
(i)
(ii)
When the company has already adopted the contract after incorporation?
Whe~ the company makes a fresh contract with the suppliers in
(b)
(c)
substitution of pre-incorporation contract?
What is "critical thinking" ? Define.
Explain five sources of ethical standards.
Answer any four of the following:
(a)
(b)
State reasons for selecting "oral mode of communication".
"Corporate governance is about promoting corporate fairness." Discuss.
Discuss various elements that can be used to describe or influence
organizational culture.
(d) Explain the Employees' Deposit Linked Insurance (Amendment) Scheme,. .
2011 under the Employees' Provident Funds and Miscellaneous Provisions
Act, 1952.
(e) Discuss the concept of "Realty Competition" and "Protecting Consumer's
Interest".
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