Company Law · Semester 3

Company Law · January/February 2017

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Official previous-year question paper (PDF scan), OU LL.B. Year 2 Semester 1 (III Semester). Download the file; question-to-topic mapping can be added later from this paper.

Osmania University · Faculty of Law

Company Law · January/February 2017

January/February 2017 · Company Law · Semester 3

FACULTY OF LAW
LL.B. (Hons.) (3 YDC) / LL.B. (3 YDC) II - Year III - Semester Examination, January / February 2017
Subject: LAW
PAPER - IV: COMPANY LAW
Code: 576 | Time: 3 Hours | Max. Marks: 80
PART - A (5 x 6 = 30 Marks) — Answer any FIVE of the following:
1. Separate legal personality of a company.
2. Advantages of Incorporation.
3. Pre-Incorporation contracts.
4. Prospectus.
5. Managing Director.
6. Company Secretary.
7. AGM.
8. Official Liquidator. [partially obscured in source image]
PART - B (2 x 15 = 30 Marks) — Answer any TWO of the following questions:
9. Define 'Company'. What are its characteristics?
10. "As the memorandum of association drafted, the doctrine of ultra vires is an illusory protection
to the shareholders and a pitfall for third parties." Discuss the doctrine of ultra vires in light of the
above observation.
11. How can directors of a company be removed from office before the expiry of their term? Explain
the procedure for filling the vacancy caused by removal of a director.
12. What are the circumstances under which a company can be wound up?
PART - C (2 x 10 = 20 Marks) — Answer any TWO of the following questions:
13. A husband and wife, who were the only two members of a private limited company, were shot
dead by dacoits. Does the company also die with them?
14. The Board of Directors of Ratnakar Ltd. met only 3 times in the previous year. A fourth meeting
was adjourned twice for lack of quorum. Does this constitute a violation of the Companies Act?
15. 'X' Co. had no money to pay the directors' fee. The directors thereupon paid into the company's
bank account the amount remaining due on their shares and retook the amount as fee. Does this
give a discharge to the directors' liability to pay on their shares?
16. A Private company having two directors has just become a Public company by virtue of sec. 43 -
A. Is it obligatory for the company to appoint a third director?

Part A · 6 marks

  1. Separate legal personality of a company.
    Year and frequency →
  2. Advantages of Incorporation.
    Year and frequency →
  3. Pre-Incorporation contracts.
    Year and frequency →
  4. Prospectus.
    Year and frequency →
  5. Managing Director.
    Year and frequency →
  6. Company Secretary.
    Year and frequency →
  7. AGM.
    Year and frequency →
  8. Official Liquidator. [partially obscured in source image].
    Year and frequency →

Part B · 15 marks

  1. Define 'Company'. What are its characteristics?
    Year and frequency →
  2. "As the memorandum of association drafted, the doctrine of ultra vires is an illusory protection to the shareholders and a pitfall for third parties." Discuss the doctrine of ultra vires in light of the above observation.
    Year and frequency →
  3. How can directors of a company be removed from office before the expiry of their term? Explain the procedure for filling the vacancy caused by removal of a director.
    Year and frequency →
  4. What are the circumstances under which a company can be wound up?
    Year and frequency →

Part C · 10 marks

  1. A husband and wife, who were the only two members of a private limited company, were shot dead by dacoits. Does the company also die with them?
    Year and frequency →
  2. The Board of Directors of Ratnakar Ltd. met only 3 times in the previous year. A fourth meeting was adjourned twice for lack of quorum. Does this constitute a violation of the Companies Act?
    Year and frequency →
  3. 'X' Co. had no money to pay the directors' fee. The directors thereupon paid into the company's bank account the amount remaining due on their shares and retook the amount as fee. Does this give a discharge to the directors' liability to pay on their shares?
    Year and frequency →
  4. A Private company having two directors has just become a Public company by virtue of sec. 43 - A. Is it obligatory for the company to appoint a third director?
    Year and frequency →