Contents Chapter-wise Marks Distribution I-5 Previous Exams Trend Analysis I-7 Chapter-wise Comparison with Study Material I-16 Chapter 1 SHAREHOLDERS DEMOCRACY 1.1 Chapter 2 CORPORATE DISPUTES 2.1 Chapter 3 CLASS ACTION SUITS 3.1 Chapter 4 FRAUD UNDER COMPANIES ACT, 2013 AND INDIAN PENAL CODE, 1860 4.1 Chapter 5 REGULATORY ACTION 5.1 Chapter 6 ADJUDICATION, PROSECUTIONS, OFFENCES AND PENALTIES 6.1 Chapter 7 RELIEF AND REMEDIES 7.1 Chapter 8 CRISIS MANAGEMENT AND RISK AND LIABILITY MITIGATION 8.1 Chapter 9 MISREPRESENTATION AND MALPRACTICES - CIVIL AND CRIMINAL TRIAL PROCEDURE 9.1 I-17
SOLVED PAPER : DEC. 2020 (NEW SYLLABUS) P.1 SOLVED PAPER : JUNE 2021 (NEW SYLLABUS) P.34 SOLVED PAPER : DEC. 2021 (NEW SYLLABUS) P.64 SOLVED PAPER : JUNE 2022 (NEW SYLLABUS) P.95 SOLVED PAPER : DEC. 2022 (NEW SYLLABUS) P.123 SOLVED PAPER : JUNE 2023 (SUGGESTED ANSWERS) P.153 I-18
1
CHAPTER
SHAREHOLDERS DEMOCRACY/FOSS V HARBOTTLE
Q1. A is a minority shareholder who brought an action for damages against the Company and its directors on the ground that they have been negligent in selling a plant owned by the Company for ` 25 Lakh. A alleged that the real value of plant was about ` 70 Lakh. Evaluate based on decided case law(s), whether action taken by A will be maintainable in the Court.
[June 2019 (5 Marks)]
Ans. Pavlides Jensen
Q2. “Shareholders democracy means the rule of shareholders, by the shareholders and for the shareholders in the corporate enterprise, to which the shareholders belong”. Comment on the above and enumerate any five provisions of the Companies Act, 2013 which demonstrate the same.
[December 2019 (5 Marks)] OR
What do you mean by Shareholders Democracy? [Self-Test Question ICSI]
TAXMANN ® 1.1
Foss Harbottle
(Any five of the above mentioned bullet points can be written in the examination)
TAXMANN ® 1.2 Ans.-
Q3. “Articles of the company are the protective shield for the majority of shareholders”. Comment. [Self-Test Questions ICSI] Ans.
Foss Harbottle
Q4. What are the exceptions to the Rule in Foss v. Harbottle [Self-Test Questions ICSI] Ans. FOSS HARBOTTLE
Foss Harbottle
1. Ultra Vires Acts: ultra vires
2. Fraud on Minority:
TAXMANN ® 1.3
--
3. Wrongdoers in Control:Birch Sullivan
4. Resolution requiring Special Majority but is passed by a Simple Majority:
Nagappa Chettiar Madras Race Club
5. Personal Actions:
6. Breach of Duty: bona fide
7. Prevention of Oppression and Mismanagement:-
Q5. Write a short note on Majority Powers and Minority Rights. [Self-Test Questions ICSI] Ans.
prima facie
TAXMANN ® 1.4“bona
fide
-
TAXMANN ® 1.5ultra vires -
Q6. Discuss the Rule in Foss v. Harbottle. [Self-Test Questions ICSI] Ans. -
Foss Harbottle
Foss Harbottle
Majority Rule Principle
Proper Plaintiff Rule
Q7. Write a short note on case law Foss v. Harbottle. Ans. Facts of the Case: Foss v. Harbottle
TAXMANN ®
1.6
-
Allegations made by Plaintiffs
TAXMANN ® 1.7
-
-
Judgment
Resolution of Corporate Disputes NonCompliances & Remedies (RCD | RCDNCR) | CRACKER
AUTHOR : ATUL KARAMPURWALA, DIVYA BAJPAI
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JULY 2023
EDITION : 6TH EDITION
ISBN NO : 9789357781756
NO. OF PAGES : 390
BINDING TYPE : PAPERBACK
Description
Rs. 495 | USD 35
This book is prepared exclusively for the Professional Level of Company Secretary Examination requirement. It covers the questions (topic/sub-topic wise) & detailed answers strictly as per the syllabus of ICSI.
The Present Publication is the 6th Edition for CS-Professional | Dec. 2023 Exam. This book is authored by CA Atul Karampurwala & CS Divya Bajpai, with the following noteworthy features:
u Strictly as per the Syllabus of ICSI
u Coverage of this book includes
Fully-Solved Questions of Past Exams; Topic-wise, including:
Solved Paper: CS Professional | June 2023 | Suggested Answers
u [Arrangement of Questions] Questions in each chapter are arranged ‘sub-topic wise’
u [Important Additional Questions] with Answers are provided
u [Marks Distribution] Chapter-wise marks distribution from June 2019 onwards
u [Trend Analysis] Previous Exam Trend Analysis from Dec. 2019 onwards
u [ICSI Study Material] Chapter-wise comparison
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