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::i '. '-' PCE GROUP I - PAPER3 LAW,ETHICSANDCOMMUNICATION MAY 2010 IPce GROUP-IPAPER.2 BUSINESSLAW.COMMUNICATION AND ETHICS Roll No............................... Total No. of Questions-16] [Total No. of Printed Pages-12 4 Time Allowed-3 Hours Maximum M2rrks-100 WWF 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 who has not opted for Hindi medium, answers in Hindi, his answers in Hindi will not be valued. Marks 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 per month. A sum of Rs. 5 lac, the house tax payable by Z to the Municipal Corporation 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 whether W 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 an agreement with employer. (ii) Ratification of agency is valid even if knowledge of the principal is materially defective. . (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 not to carryon the same business forever and anywhere in India. Is the agreement: 1. valid 2. void 3. voidable 4. illegal. 3x1=3 " (E&H) WWF p.T.a. visit: www.fb.com/CAmaterials visit: www.fb.com/ICAIinfo

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Page 1: visit: visit: · 1. (a) Z rent out his house situated at Mumbai to W for a rent of Rs. 10,000 per month. A sum of Rs. 5 lac, the house tax payable by Z to the Municipal Corporation

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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

WWF

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.

Marks

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"

(E&H) WWF p.T.a.

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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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J'C1!.

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

5

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.

BSF-H P.T.O.

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it(2)

,BSF-H Marks

(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

5

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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(9)

BSF-H

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~

2.

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(10)

BSF-H

"

Marks

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BSF-H

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(13)

BSF-H

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4.!

4

4

4

4

4

P.T.O.

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BSF-H

(q) ~~ftfu (mode) ~~'q"{~~ftfu*"~*"~q;f~ I

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Marks

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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)

~~~~~~~~~'t ~~~~~-qtTtIT~ I

~ ~ f1RR ~ ~ ~ ~~, ~ ~ -q~ ~~,

m~~-q~11<t~Cf)T ~~ic:tJ-1~mrrr I

~~ 1 ~~ I

~~:~-q~~~~~~~t I

(31) ~ ~~, 1872Cfft~ 73 ~ ~, ~ $I lR, ~ c» ~ Cfft

~~~?

(~) (I) ~fCfi~R8~~t"llT~:

~ ~ ~ ~ ~ TT"lITCifim~ CI<'!~(11~ coB lR 311«~~(1

~~~~I

(ii) "31Y-{snl~"(Not-Negotiable) fcrRo~ ~~(Un<.!~mm I

(i)

(II) R8-q~~~~':

(i) ~~-q ~Cfft~~~-qR8-q~~m~~~~:-

(Cfi). ~~-q~~iR~ I

(~) ~~~~~«I~<:\I.oCf)fCifim~~t I

(11) ~~-q~~mm~~~~ I

(~) ~~lR~~iR~~ I

(ii) ~ ~ ~ ~ ~ m ~ ~ ~ SRT~ ~ ~ Cf)T~

(delivery)~\jfRfcm~~:-

(Cfi) ~

(~) fTRcft

(11) ~

(~) 'qR

KVS-H

\."

Marks

5

2xl

3xl

P.T.O.

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(6)

KVS-H

(iii) ~~~fqtl~q«1 #m~mr~~T, cn~(1Ir1')J:-

(Cf» ~ "[RT~(~) ~LI~~Ir1"[RT~

(IT) -3.tlq~~cnr1I"[RT~

(-q) mr~~~~

C~) ~~; 1956~ ~ WWm~ ~ ~ # "~II~qr1~"

~"~~" cit ~cn~r11 CfiTti~$il~~ I

(~) ~~, 1956~ ~ ~ ~ (non-profit)Wr&=r~ ~ ~

~ # ~~ cn~uI~ ~ # CFITm ~ ~ ~?

2. (~) ~ qS;2010-2011 ~ ~ m.~ ~ !.Ilsct~tif(1f~~-s# ~ ~ cn~"CII{')~

3fR~ 6000~ctFr1:fT-m~ I~~-qftw# 3i1$t)I~cn31Rf{UT~~~3Wm"

~~~~.~60~"fICf)~~#Cf)P1~~~m1l7n I~~.

~ q# ~ ~~, ~ $R ~ ~ WIT# ~ .~ Wrm1l7nI~ ~ qS;

~~~m~~(jCf)Cf)P1M3fR~#~~~~m I r1(1H~I(t~

3:p:fcn~~IR~1CfiT~m1l7n, ~~m. ~CfiT~B~ ~ Cfirm I Rufu=r

~ ~ CFIT~ 'IfRfH~, 1965~ ~ ~. ~ m.~ ~ ~ m, I

~~? '.

(~) &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.

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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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P.T.O.

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(6)

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(7)

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P.T.O.

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(8)

GMR-H Marks

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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

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t:

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BPL-H

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5.

6.

4.

(7)

BPL-H Marks

(31) ~ *" WP:r~ -q~ ~ ~ ~ *" yRCt~'"'it ~ ~ ~ 8

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BPL-H

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4

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8

4,

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4

P.T.O.

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(8)

BPL-H

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BPL-H

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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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(Hindi Version)

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(6)

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'.~

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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~~m, ~X 1O0~CI)Jtr~t?

(it) ..~st)I~('I1~ ~~1~~1.fl~('I1.q oaRcq('l(11~4I

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3. (:at) C6Pt~1R";ftfu"$~tI ~1.ic;~-1ctr~-«~~ I.

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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)

-a;J~q>f ~I?~( ~~~TfITt, m*"6W~ ~-qm~t I

~~~~~~TfITt, ~~-q6W~t,

fIT~~ -q~ ll<t~ Cf)f~~i~'1 ~ WITI

~~l~tl

~~: m-q~~-QT:qm*"6W~ I

Marks

1. (31) ~ D ~ ~ ¥'R -q ,,~:-~, ~~~I ~ <it I ~ A ~ ~ -qwffi

~, ~~m~~1RRCf)f~~-qw;f*"~, ~*"-qm

5

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~~*"~fcJcm~~t? ..

(Gf) ~ 'IfTOR~, 1965 *" ~ ~ <it~Ir~(.jl~ ~ ~ ~

~q>f~~ I

5

~) cwuIT. ~~(,,\I~~fcnCFITr'1~r("\r~~ ~ ~ ~ 1WRft - ..

(i) ~q>f~*"~~~~~tl :2

(ii) ~ 4~~(Un(.j 'qf{q>f4~~~ ~ ~(~I(.jl \ifTffi, fIT ~ q>f ~ ~ ~ 'ffl 3

~I

\(~ ~-q .f\r~~(~oqqw<it~mq>f~*"~~wi~~i'1 q>f~~(,,\I~~I 5

BRS-H P.T.O.

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.-

I

1

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(6)

BRS-H

'.~

2.j (:at) X, ABC Ltd. ~ ~~ ~ t, .q P-1~lr,,-('I t I ~ ~ 2010-11"$~

.1~C!l11I Tm" ~ "$ ft;ro:rStl~Ftl\(1 ~ q( I X ~ ~ ~ ~ .q~ q(, m-

,;ft"m60~CI)Jtr~ I~~, 1972"$~cR~qmf~

fi4Pt~~('I~, ~ qqr X ~ "$ ~ ~ "$ ft;ro:~ t I qqr ~

~~m, ~X 1O0~CI)Jtr~t?

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3. (:at) C6Pt~1R";ftfu"$~tI ~1.ic;~-1ctr~-«~~ I.

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(7)

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