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Q1. The company once proposed to appoint a Criminal for abducting shareholders asking for dividend.75% directors agreed to this rest 25% disagreed to the same. Whose vote shall prevail?
Majority shall prevail
Minority shall prevail
Prior permission of chairman
None
Q2. Rule of majority was established in which case law:
Elder v Elder & Watson Ltd.
Foss v. Harbottle
Shanti Prasad Jain v. Kalinga Tubes
Thomas Veddon V. J. v Kuttanad Robber Co. Ltd.
Q3. To whom shall section 245 not apply
A family owned private company
A public company having less than 100 members
Banking company
Applicable to all type of companies
Q4. All of the following are acts of mismanagement except
where there is serious infighting between directors
continuation in office after expiry
company doomed to trade unprofitably
company is incurring losses
Q5. Which of the following member cannot apply for relief
a holder of share warrant
a holder of letter of allotment of partly paid
a member whose calls have not been paid
all of the above
Q6. The term oppression is definition by Lord Cooper in which case
Foss versus Horbottle
Reylands versus Fletcher
Elder versus Elder & Watson
Edwards versus Halliwell
Q7. When the order involves reduction of share capital or alteration of MOA the provisions of act shall apply as may direct
CG
Tribunal
BOD
Chairman
Q8. Company once proposes to borrow Rs.10 cr from Bank wherein MOA&AOA permitted borrowing only uptil Rs. 5 crore.70% directors approved to such vote rest 30% could not approve. Whose voting shall prevail?
Majority shall prevail
Minority shall prevail
Permission of chairperson
Permission of MD
Q9. Which of the following acts can amount to oppression?
Q10. The order passed by tribunal shall provide for
regulation of conduct of affairs
restriction on transfer or allotment of shares
removal of managing director
All of Above
Q11. In case company having share capital how many members can apply to court?
100 members or 1\10th of total whichever is higher
100 members or 1\10th of total whichever is lower
50 members or 1\8th of total whichever is lower
50 members or 1\8th of total whichever is higher
Q12. The rule of “Majority shall prevail†was inferred from which famous case law
Reylands versus Fletcher
Mohinibibis versus Dharmodas Ghose
Balfour versus Balfour
Foss versus Horbottle
Q13. In which of the following cases majority rule does not prevail?
Where the act is ultra vires the company
Where the act is illegal to the company
Where the act infringes personal rights
all of the above
Q14. Application for withdrawal under 241 shall be filed in form as prescribed by
ROC
NCLT
MCA
Companies act
Q15. On what grounds u/s 245 pertaining to Class Action can the Tribunal reject an application with it:
When the application is found to be frivolous or vexatious
When the tribunal does not want to proceed further with the application and no reason has been recorded
Both of the above
Annual General Meeting
Q16. In the late 1913 act, the only remedy available to oppressed minority was
change in management
Removal of majority shareholder
Winding up petition
None
Q17. Which of the following acts are not oppressive?
an unwise, inefficient or careless conduct
lack of details in notice of meeting
non-maintenance of records
all of the above
Q18. On receipt of application by NCLT us 241, the tribunal can frame its opinion on which points:
