CS EXECUTIVE JUNE 2024

SBILL
QUESTION
BOOK
This book contains all the previous year’s
papers and are relevant for June 2024.

Adv Chirag Chotrani

 O1. SELECTION OF BUSINESS ORGANISATION

JUNE 2019
Q.2(A) [4MARKS]
Comment on the following:
(iv) Requirement of Capital affects the choice of suitable form of a business organization.

DECEMBER 2020
Q.2 [4MARKS]

X is planning to start a mobile based and web based business. In selection of suitable form of a
business organization, ‘degree of control and management’ plays a significant role. Explain how this
factor affects the choice of form of organization.

DECEMBER 2022
Q.1 [5MARKS]
Sumit Bhasin has an expertise in the field of Modular Kitchen designing, he possesses adequate
education too in this field. Now in order to start his venture, he wants to consult a Company
Secretary for getting aware of various modes of organization and to select the best mode keeping in
view their merits and demerits. As a Company Secretary, make Sumit Bhasin acquainted with
available modes of organization while briefing the merits and demerits of each.

JUNE 2022
Q.2A(OR) [4MARKS]
Degree of the Control plays the vital role in selection of a suitable form of the business organization.
Explain.
 02. CORPORATE ENTITIES COMPANIES

JUNE 2019
Q.2 [4MARKS]

(a) Ragavi and her six more relatives and friends want to Incorporate a Nidhi Company. They seek
your advice on the following issues with respect to the formation of company:
(i) Whether Nidhi Company can be formed as a private company? Is ' there any specific law for the
Nidhi Companies?
(ii) Whether the approval of Reserve Bank of India (RBI) is required?
(iii) Whether Nidhi is allowed to raise funds through issue of equity shares and preference shares?
(iv) Whether Nidhi is allowed to carry on business other than the business of borrowing or lending
in its own name?
As a practicing Company Secretary, advise with reference to the provisions of the Companies Act,
2013

Q.1 [5MARKS]

(b) Actavis Ireland Ltd. a pharma firm incorporated in Ireland

(i) has a share transfer office in Kanpur
(ii) Directors of the company frequently stayed in a hotel in Noida and Mumbai for looking after
matters of business, the company does not have any physical office or property in India.
As a practicing Company Secretary, advise under the provisions of the Companies Act, 2013,
whether the company will be treated as having place of business in India?

DECEMBER 2019
Q.1 [5MARKS]
Axar is in plant research and he has invented a process for extracting bio-fuel from certain plants,
now he is proposing to commercialize his invention by promoting a One Person Company (OPC).
But he proposes his name and his wife name as directors of the Company. As a Company Secretary
clarify Axar on numbers of shareholders and directors OPC can have. Also brief him the provisions
on Board, Annual General Meeting, signing of Financial statements, Board’s Report and Annual
Return.
 AUGUST 2021
Q.2 [4MARKS]
Melta LLC is a Limited Liability Corporation registered in California (USA). The company has no
place of business in India by itself or through agent, but it’s doing online business through
electronic mode in India. Explain whether Melta LLC will be treated as a Foreign Company as per
the provisions of the Companies Act, 2013.

Q.1 [5MARKS]

Nidhi Companies can provide loans to its members’ subject to certain limits as per Nidhi Rules,
2014. Rakesh being a member of Nidhi Company wants to know the limits mentioned under Nidhi
Rules , 2014 and also seek your advice whether a second loan can be granted within limits specified
, if 1st loan is overdue, outstanding and remain unpaid.

DECEMBER 2021
Q.2 [4MARKS]
Mahesh Nidhi Limited was incorporated on 30th September, 2020. The Board of Directors seek
your advice about the compliances need to be done in respect of each of the following:
(i) Compliances which are required to be done upto the end of first financial year of the Company.
(ii) Opening of branches of Mahesh Nidhi Limited.

Q.2 [4MARKS]

M N Ltd., a Company registered in Japan has established a place of business in India. Advise MN
Ltd. on the documents required to be filed by the Company with the concerned Registrar of
Companies under the provisions of the Companies Act, 2013.

JUNE 2022
Q.2 [4MARKS]
ABC Producer Company Ltd. was incorporated on 11 July, 2013 as a producer company with
objective of production of wheat and related products. The CAGR since inception is around 12%,
better as comparative to other sector(s). However, during Covid 19 pandemic, there was
tremendous upsurge in operating income, up by 110% as compared to previous year. There is huge
Surplus Fund in the Company, hence, the Director (Finance) opined that fund may be invested in
Stock Market related instruments including Equity, Bonds and Mutual Funds. He also suggested
for doing F&O related transactions out of the Surplus Fund. However, the Company Secretary of
the Company objected that the Fund can be invested in certain categories only. Examine.
 JUNE 2022
Q.2(A) (OR) [4MARKS]

Vinod formed a single person economic activity in the form of One Person Company with his
brother Kishor as its nominee. On 1oth May 2022, Kishor withdrew his consent as Nominee of the
One Person Company. Can he do so? Examine whether the following individuals are eligible for
being nominated as Nominee of the One Person Company, 2013
(I) Shyam is son of Vinod, who is 15 years of the old as on 10th May, 2022.
(II) Ashok, an Indian Citizen residing in India who is presently a member of a One Person
Company.

DECEMBER 2022
Q.1 (B) [5MARKS]
Raman is an Indian Citizen, and his stay in India during the immediately preceding financial year is
for 130 days. He appoints Sanjay, (c) a foreign citizen, as his nominee, who has stayed in India for
125 days during (d) the immediately preceding financial year. Is Raman eligible to incorporate a
One-Person Company (OPC)? If yes, can he give the name of Sanjay in the Memorandum of
Association as his nominee? Justify your answers with relevant provisions of the Companies Act,
2013.

Q.1 (C) [5MARKS]

Ramesh wishes to form a Nidhi Company with a minimum paid-up equity share capital of 12 lakh.
Ramesh is seeking your guidance regarding the general limitations and prohibitions put in place for
Nidhi Companies.

Q.1 (D) [5MARKS]

Hardev Lal, Director of JKL Limited acted bona fide to pursue one of the 'objects' of the Company
not falling within the 'object clause' of its Memorandum of Association. Subsequently, such fact was
noticed through the contents of the Boards' Report wherein it was reported that such persuasion
had resulted in a loss to the Company to the extent of 25 lakh during the first year itself. The
members of the Company disapproved the transaction and required explanation from the Board of
Directors. As a Company Secretary, what do you advise the management in this matter and how to
fix the responsibility of Hardev Lal. Support your answer with the help of leading case law.
 DECEMBER 2022
Q.2A (OR) [2MARKS]
Lakshmi Tube Lights Private Limited has committed a default which is in violation of the
provisions of the Companies Act, 2013. No specific penalty or punishment is provided in the Act for
the said default. In the given circumstances, decide the quantum of punishment for contravention
that may apply to Lakshmi Tube Lights Private Limited, as provided under the Companies Act,
2013.
Q.4[3MARKS]
Garg Builders Pvt. Ltd. has changed its name. There is no alteration in the constitution or legal
status of the company. The fact of alteration of name was not brought to the notice of the Tribunal.
Has the company got a right to execute a decree in its new name after change of name.

JUNE 2023
Q.1 [5MARKS]
SPM Ltd. is engaged in the business of manufacturing of coins made of gold, silver and other
precious metals. The company has not raised any money from the public. The company has
recently imported the plating technology from Germany and it is desiring to enter into the business
of manufacturing of ornaments, jewellery and souvenirs using the plating technology. However, the
proposed business is not covered in the objects clause of Memorandum of Association (MOA) of the
company. Advise the company the procedure to be followed by it for alteration of objects clause of
MOA in accordance with the provisions of the Companies Act, 2013.

Q.2 [4MARKS]

Gupta Publishers Ltd. has been incorporated recently and the Articles of Association of the
company contain the provisions for entrenchment under section 5(3) of the Companies Act, 2013.
Elucidate the provisions of entrenchment under the Companies Act, 2013.
 DECEMBER 2023
Q.1 [3MARKS]EACH

R is carrying on the business of trading of readymade garments as a sole proprietor in Delhi. He

wants to diversify his business by opening the branches in other cities across the country. Due
to shortage of funds and other resources, he approaches his friend K, who is a Practicing
Company Secretary (PCS) for seeking his advice on the form of business organisation which
may be more beneficial for him. K advises him to convert his sole proprietorship form of
business into a private company by involving his friends and relatives as the directors and
members of the private company. He describes the characteristics of a private company under
the Companies Act, 2013. K further advises R that the conversion of his existing form of
business into a private company would provide him easy access to capital needed for
diversifying his business. In accordance with the advice of K, R decided to convert his sole
proprietorship business into a private company with the proposed name, R Holding Pvt. Ltd. He
makes an application to the Registrar of Companies (ROC), Delhi for reservation of the
proposed name of the company, R Holding Pvt. Ltd. However, the proposed name is rejected by
ROC, Delhi citing the common reasons for rejection of the proposed name. R makes a fresh
application for reservation of the proposed new name of the company, R Cloth Trading Pvt. Ltd.
and the name is reserved by ROC, Delhi. After filing the necessary e-forms and documents with
ROC, Delhi, the company, R Cloth Trading Pvt. Ltd. is incorporated under the Companies Act,
2013. K informs R about the utility of the Permanent Account Number (PAN) and accordingly,
R obtains PAN in the name of the company. K also helps him in getting the GST registration in
the name of the company and advises him to go for "Composition Scheme" under the GST Act,
2017. R approaches the banks for sanctioning loan for his business to enable him to open
branches in the State of Uttar Pradesh. However, due to stringent loan sanctioning process of
the banks, R fails to get loan from the banks for his business. R approaches K for seeking his
help to arrange the required funds for the business and K helps R in getting loan for his
business from, ST Finvest Ltd., a Non-Banking Financial Company (NBFC). The loan is
processed quickly by ST Finvest Ltd. to R Cloth Trading Pvt. Ltd. al a very competitive rate of
interest.
In view of the above, answer the following:
(a) Write down the characteristics of a private company under the Companies Act, 2013 as described by
K to R.
(b) Describe the common reasons on the basis of which ROC, Delhi has rejected the name reservation
application of R with the proposed name,
R Holding Pvt. Ltd.
(c) State the utility of PAN for R Cloth Trading Pvt. Ltd.
(d) Why does K advise R to go for "Composition Scheme" under the GST Act, 2017
(e)Discuss the privileges available to ST Finvest Ltd. to process loan to R Cloth Trading Pvt. Ltd. quickly
at a very competitive rate of interest as compared to the banks.
 DECEMBER 2023
Q.3 [3MARKS]

TKM Ltd. is a section 8 company registered under the Companies Act, 2013. The company desires
to operate the educational institutes in the State of Madhya Pradesh. The company approaches you
to seek your advice on the role of Incubators for assisting entrepreneurs in building and launching
their start-ups. Draft a brief note on 'Incubators' as a mode of financing.

Q.2 [3MARKS]

Aniket wishes to incorporate company under section 8 of the Companies Act,2013 for the purpose
of promotion of education, research and social welfare. He approaches you to seek your advice on
eligibility to apply for section 8 company license. Advise Aniket.
 03. LIMITED LIABILITY PARTNERSHIP

JUNE 2019
Q.2A (OR) [4MARKS]

Commnet on the following:

(v) The Financial Statement of Limited Liability partnership are nor mandatorily required to be
audited by a Charted Accountant.

DECEMBER 2019
Q.2 [4MARKS]

Aryan & Aarav, an LLP having turnover of ₹45 lakh and contribution of the partners exceeding 30
lakh in F.Y. 2018-19 is seeking your advice in the following matters:
(i) Is dividend distribution tax applicable on LLP?
(ii) Is LLP subjected to audit? State the reason.
(iii) Is LLP eligible to raise loan from ABC Ltd., a foreign bank?
(iv) State Offences & Penalties for non-filing of financial statements under the LLP Act, 2008.

DECEMBER 2020
Q.2A (OR) [4MARKS]

What are the duties of Designated Partner of LLP?

DECEMBER 2021
Q.2A [4MARKS]

XYZ Trading LLP registered under LLP Act, 2008 wants to change its name to PQR Solutions LLP.
Explain the procedure to be followed by XYZ Trading LLP for changing its name under the
provisions of LLP Act, 2008
 JUNE 2022
Q.1 [5MARKS]

A group of individuals intended to form a club namely 'Jet Pilots Flying Club' as limited liability
company to impart classroom teaching and aircraft flight, training to trainee pilots. It was decided
to form a limited liability company for charitable purpose under Section 8 of the Companies Act,
2013 for a period of 10 years and thereafter the club will be dissolved and the surplus of assets over
the liabilities, if any, will be distributed amongst the members as a usual procedure allowed under
the Companies Act, 2013. Examine the feasibility of the proposal and advise the promoters
considering the provisions of the Companies Act, 2013.

Q.2 [4MARKS]

Explain the procedure for changing the name of Limited Liability Partnership (LLP) under the
Limited Liability Partnership Act, 2008.

DECEMBER 2022
Q.2A(OR) [4MARKS]

Delta LLC is a Limited Liability Corporation registered in California (USA). The company has no
place of business in India by itself or through agent, but it's doing online business through
electronic mode in India. Explain whether Delta LLC will be treated as a Foreign Company as per
the provisions of the Companies Act, 2013?

JUNE 2023
Q.2A(OR) [4MARKS]

ABC LLP has its registered office in Kanpur (U.P.). For better administrative convenience, the LLP
wants to shift its registered office from Kanpur to NCT of Delhi. Advise the LLP regarding the
various formalities which need to be complied with for shifting its registered office from Kanpur to
NCT of Delhi under Limited Liability Partnership Act, 2008.
 04. START-UPS AND ITS REGISTRATION

JUNE 2019
Q.1 (OR) [5MARKS]

ABC Private Ltd., a ‘start-up’ company, received an amount of Rs. 25 lakh in a single tranche from
an investor by way of a Note, convertible into equity shares (convertible after 3 years but within 5
years from the date of issue). CFO of the Company was of the view that the said amount is not a
deposit. In the light of the statutory provisions, explain whether the view of the CFO is correct?

DECEMBER 2019
Q.2 [5MARKS]

Pawan incorporated a Private Ltd. Company in the year 2016 for carrying on the business of
supplying freshly chopped vegetables to various food chains in and around New Delhi NCR. He
wants his entity to be recognised as a start-up. Advise the process to be followed by him for
recognition of his company as a start-up.

DECEMBER 2020
Q.2 [4MARKS]

Crowd Funding is a recent phenomena being practiced for getting seed funding usually through the
internet. Elucidate.

AUGUST 2021
Q.2 [4MARKS]

PQ Pvt. Ltd is the newly incorporated company engaged is manufacturing of machinery parts
proposes to raise the funds through Private Equity and Angel Investors. Explain these equity
financing options available to the company.
 AUGUST 2021
Q.2 [4MARKS]

PQ Pvt. Ltd is the newly incorporated company engaged is manufacturing of machinery parts
proposes to raise the funds through Private Equity and Angel Investors. Explain these equity
financing options available to the company.

DECEMBER 2021
Q.2 [4MARKS]

Explain the unconventional modes of financing options for Start Ups which are becoming popular
in India.

Q.1 [5MARKS]

Dinesh is running small handicraft unit with 3 workers. He is planning for expansion and it may
require addition of 10-15 employees. He is planning to register his business under Employees State
Insurances (ESI) and extend the benefit to all his employees. He is keen in knowing from you the
benefits available to him as an employer in extending the ESI facilities to his employees. Advise
Dinesh.

JUNE 2022
Q.2 [4MARKS]

“Start- ups India” initiative is used to promote growth and to help Indian economy by the
Government of India. Explain the benefits which are being given to entrepreneurs establishing
start-ups.

DECEMBER 2022
Q.2 [4MARKS]

Radha Furnishing Pvt. Ltd. a Start-up Company wants to issue sweat equity shares to its employees
.Is there any provision regarding it? Explain

Q.2A (OR) [4MARKS]

Define the term “Unicorn Start-ups”.

 JUNE 2023
Q.1 [5MARKS]

J is a B.Tech. in computer Science from Indian Institute of Technology, Roorkee. J has invented a
new procedure for making of battery having long life as compared to lithium battery available in the
market. The invention has been patented by J.J has made an online application over the portal
setup by the Government of India for initial funding under start-up. In the online application, J
observed that there is a column for seed funding. Advise J on the meaning and importance of seed
capital.
 05. MICRO, SMALL AND MEDIUM ENTERPRISES

JUNE 2019
Q.1 [3MARKS]

Bermuda Sports Manufacturing Unit, a Micro and Small Enterprise, seek registration under Single
Point Registration Scheme of NSIC. State the various benefits/facilities available to the registered
units.

AUGUST 2021
Q.1 [3MARKS]

XYZ Pvt. Ltd., is engaged in manufacture of engineering components. The Company has
investment of 5 Crore and Turnover of 25 Crore. The Company wants to know their category as per
new definition of MSME. Will your answer differ, if XYZ Pvt. Ltd. is in service sector with the
aforesaid limits of investment and turnover ?

DECEMBER 2021
Q.1 [3MARKS]

Kumar is a proprietor of a small scale unit manufacturing cotton clothes. He wants to know the
benefits of registration with National Small Industries Corporation (NSIC). Advise Kumar.

Q.3 [5MARKS]

UV Pvt. Ltd. wants to apply for Udyog Aadhar. The Company seeks your advice on the criteria for
making application for Udyog Aadhar under the Micro, Small & Medium Enterprises Development
(MSMED) Act, 2006. Advise UV Pvt. Ltd.
 JUNE 2023
Q.4 [3MARKS]

Explain the benefits extended to Micro & Small Enterprises (MSEs) for having valid NSIC
registration.

Q.3 [5MARKS]

ABC Pvt. Ltd. is engaged in the business of manufacturing of machinery parts. The company has
the following investment in fixed assets:
Plant and Machinery 115 lakh
(including second hand machinery of
25 Lakh and pollution control
equipment of 20 lakh)
Land and Building 100 lakh
Turnover 600 lakh
(including export turnover of 150 lakh)
Explain with details whether ABC Pvt. Ltd. comes under Micro or Small or Medium Enterprise
category as per the new definition of MSME vide Press Release dated 13th May, 2020 of Ministry of
Finance.

DECEMBER 2023
Q.4 [3MARKS]

MS Appliances, a small enterprise having investment in plant and machinery of ₹8.00 crores and
turnover of ₹45.00 crores approaches you to seek your advice on Micro & Small Enterprises Cluster
Development Programme (MSE-CDP) Scheme of the Government of India for MSMEs. Draft a
brief note on MSE-CDP Scheme.
 06. CONVERSION OF BUSINESS ENTITIES

DECEMBER 2019
Q.1 [5MARKS]
An unlisted Public Ltd. Company is having 220 members, 5 directors and is having public deposits
of 15 crores and shareholders deposits of 3 crores (paid-up capital is 1 crore and free reserves 1
crore and Bank Loan 2 crores) is proposing to convert it into a Private Ltd. Company. Mention
conditions to be satisfied before conversion of the Company into Private Ltd. Also list out
important procedures to be complied for such conversion.

DECEMBER 2020
Q.2A (OR) [4MARKS]
What penalty can be imposed on One Person Company or Officer of such company who
contravenes the provisions with respect to conversion of Private Company into One Person
Company?

AUGUST 2021
Q.2A [4MARKS]
EFG Pvt. Ltd. wants to convert the Private Company into a One Person Company (OPC). The
Company seeks your advice on the following matters:
(i) Provisions regarding notice of general meeting.
(ii) Whether company required to obtain 'No Objection Certificate.
(iii) Types of e-forms required to be filed with ROC for such conversion.
(iv) Penalty for contravention of provisions with respect to conversion.

DECEMBER 2021
Q.2 [4MARKS]
Designated Partners of Sara LLP wants to convert LLP into Private Limited Company for
further growth of their organization. They have already got the name approved and have
secured the DSC and DIN. Now they seek your advice for further processes of conversion of
their LLP into Private Limited Company. Advise.
 DECEMBER 2023

Q.2 [3 MARKS]
A, B and C are the partners in the partnership firm registered under the Partnership Act, 1932
in the name of ABC Traders. Considering the benefits available to Limited Liability Partnership
(LLP) under the Limited Liability Partnership Act, 2008, the partnership firm is converted into
LLP with the name ABC LLP and the same is registered. The Department of State Revenue
issues a notice to the LLP to pay stamp duty and registration charges for transferring the assets
of the erstwhile partnership firm to LLP. It is contended by the Department that the LLP is a
separate distinct entity from that of its partners and hence the conversion amounts to change of
legal rights. In the light of the decided case law, examine the validity of the contention of the
Department of State Revenue.

Q.2 [3 MARKS]
ABC Ltd. has been converted into a private limited company with the name ABC Pvt. Ltd. Brief
the company on the major compliances that need to be followed by it after conversion into a
private limited company.
 07. NON-CORPORATE ENTITIES

JUNE 2019
Q.2 [4 MARKS]
Moorthy wants to form a society to promote the 'Beti Bachao, Beti Padao Movement' of
Government of India. He seeks your advice on the following:
(i) The purposes for which a society can be formed under the Societies Registration Act, 1860;
(ii) Whether the foreigners and other registered societies can be members of a society?

Q.2A [4 MARKS]

Comment on the following:

(i) A Company under Section 8 can be registered as a Small Company under the provisions of the
Companies Act, 2013.

DECEMBER 2020

Q.2 (OR) [4 MARKS]

What are the Tax Exemptions available to Private Trust?

AUGUST 2021

Q.2A (OR) [4 MARKS]

U & P wants to create a Trust. Advise them in the Following matters
(I) What are the various aspects to be decided before registration of a Trust?
(II) Provision regarding signature and witnesses on the Trust deed.
III) Basis of chargeability of stamp duty at the time of Registration
(IV) Can a Trust open a Bank Account in its name, if yes, then other than Trust deed what other
documents are required to open the bank account?
 DECEMBER 2021
Q.2A (OR) [4 MARKS]
OP Ltd. wants to create a trust for the benefit of employees of the Company and their spouses and
children. Decide with reasons whether this trust will be Public Trust or Private Trust. Also state the
differences between Public Trust and Private Trust.

Q.2A (OR) [4 MARKS]

(iii) Anish along with his six friends desires to incorporate a Section 8 Company under the
Companies Act, 2013. He is seeking your advice in the following matters:
(a) What is the minimum paid-up capital requirement in case of a Section 8 Company?
(b) Whether a firm can be member of the Section 8 Company?
(c) Whether the Section 8 Company can pay dividend to its members?
(d) Whether a Section 8 Company is required to appoint a Company Secretary to ensure
compliance with the provisions of Companies Act, 2013?
As a Company Secretary, advise Anish with reference to the provisions of Companies Act, 2013.

DECEMBER 2023
Q.3 [3MARKS]

A group of farmers desires to start the business of organic farm produce by opening branches in
different districts and States of the country. The farmers have approached you to seek your advice
on formation of a Multi State Co-operative Society under Multi State Cooperative Societies Act,
2002. Brief them on the documentary requirements for formation of Multi State Co-operative
Society and the Authority with whom the application needs to be filed.
 08. FINANCIAL SERVICES ORGANISATION

JUNE 2019

Q.2 [4MARKS]
Asset Reconstruction Companies are created to manage and recover Non-Performing Assets'
Comment referring the functions and benefits of Asset Reconstruction Companies.

Q.2A(OR) [4MARKS]
Concept of self help group" is the most exciting discovery in the context of Microfinance.
Explain the terms and features of microfinance.

DECEMBER 2019
Q.3 [5MARKS]
Bhaskar is presently running a business of finance. He has planned to promote an Infrastructure
Finance Company along with his friends. He seeks your advice to know whether it is a Non-Banking
Finance Company requiring Reserve Bank of India's registration and criteria to be satisfied by such
Company. Also clarify on how Net owned Fund is calculated.

DECEMBER 2020
Q.2A(OR) [4MARKS]
Define the term 'Net Owned Fund"

AUGUST 2021
Q.4 [3 MARKS]
State with reasons whether the following Companies require registration as NBFC with Reserve
Bank of India, if not who is regulating authority for these Companies:
(i) Infrastructure Debt Fund Company
(ii) Asset Finance Company
(iii) Merchant Banking Companies.
 DECEMBER 2021
Q.2A(OR) [4 MARKS]
Raman wants to start the business of fruits and vegetables vendor. He seeks your advice on the
criteria, business categories with the maximum amount of loan allowed and eligibility for obtaining
loan under the scheme of Pradhan Mantri Mudra Yojana. Advise Raman.

Q.4A(OR) [3 MARKS]
Payments banks is a new model of banks conceptualized by the Reserve Bank of India. Describe the
key issues which require compliance by an applicant Company.

JUNE 2022
Q.2A(OR) [4 MARKS]
ARCS can maximize recovery value with minimum cost. Explain the benefits of incorporating an
Asset Reconstruction Company (ARC).

Q.2A(OR) [4 MARKS]

Define the term 'MUDRA Banks’.

DECEMBER 2022
Q.2A(OR)[II] [4 MARKS]

NBFCs lend and make investments and hence their activities are akin to that of banks; however,
there are a few differences between them. Explain.

Q.2A(OR)[IV] [4 MARKS]

Is the procedure for incorporating Housing Finance Company is same as any other Company?
Elucidate.
 JUNE 2023
Q.2A(OR)[I] [4 MARKS]

Referring to the provisions of Companies Act, 2013, state the circumstances under which the
Reserve Bank of India may cancel the certificate of registration granted to a Non-Banking Financial
Company (NBFC)

Q.2A(OR)[III] [4 MARKS]

Explain the procedure for registration of Asse Reconstruction Company (ARC).

Q.1 [5 MARKS]

Durgesh is working as a driver in a cab provider company. One day, a passenger advised him that
he can own a car by availing financial assistance under Pradhan Mantri Mudra Yojna (PMMY). He
seeks your advice regarding the procedure for availing the Transport Vehicle Loan for commercial
use from MUDRA Bank. Advise Durgesh.

DECEMBER 2023
Q.4 [3MARKS EACH]

(a) Explain the characteristics of a Nidhi Company under the Companies Act, 2013 and the Nidhi
Rules, 2014
(b) Payment banks is a new model of banks conceptualised by the Reserve Bank of India (RBI).
Elucidate.
(c) Explain in brief the eligibility criteria for obtaining Housing Finance Company Registration
under the National Housing Bank Act, 1987.

Q.4A(OR) [3MARKS]
What are the restrictions imposed by the Reserve Bank of India on Chit Fund business?
 9. BUSINESS COLLABORATION

DECEMBER 2018
Q 2 (E) [4 MARKS]
Global Education Network, Pakistan based Education Company wants to set up equity based joint
venture in India. As a professional in India, Company seeks your advice about various restrictions
under Foreign Direct Investment (FDI) of Government of India that a foreign entity may face.
Advice

Q 2 (A) [4 MARKS]
Global Infra Ltd., an Indian entity, is in the process = of drafting a joint venture agreement for
forming joint venture (JV) with a foreign company based out of Singapore to expand its business
outside India. Advise on the key issues which parties to the agreement should consider while
drafting the JV agreement.

JUNE 2019
Q.2 (D) [4MARKS]
'Every equity based joint venture gives birth to a new entity'. Discuss in brief the different types
of entities which are permitted by Government of India to form a joint venture entity.
Q.2 (A) [4MARKS] (OR)
Comment on the following:
(iii)The promoters can avail numerous benefits by incorporating a Special Purpose Vehicle.

DECEMBER 2019
Q.2 (C) [4 MARKS]
'Joint Ventures can be extremely valuable and chances of their failure can be reduced to a great
extent, if strategically formed- Comment on important strategies of joint venture.

Q.2A [4 MARKS]
(iii) Your Company proposes to enter into Joint Venture outside India and the Management of
the Company wants to know from you various methods/modes available for funding the joint
venture.
 DECEMBER 2020

Q.2 (A) [4 MARKS]

(iii) Contractual joint venture is useful where the establishment of a separate legal entity is not
needed or creation of such a separate legal entity is not feasible. Comment.

AUGUST 2021

Q.2(E) [4MARKS]
Contractual joint venture is useful where the establishment of a separate legal entity is not
needed or creation of such a separate legal entity is not feasible. Comment

Q.2 [4 MARKS] (OR)

(iv) A Special Purpose Vehicle (SPV) or Special Purpose Entities (SPE) are generally formed for a
special purpose. Elucidate.

JUNE 2022
Q.1 (C) [ 5 MARKS]
The promoters of SBP Ltd. and CJP Ltd. met for developing the Supply Chain Management
System for Cultural and Traditional items of specific geographical area(s). SBP Ltd. is in
logistic and marketing, however, CJP Ltd. is a software developer. Both the promoters
concluded that a separate Company be formed for running of the business through e-
commerce. Social Media influencer shall be hired for promotion of the business. The legal
advisors have advised for setting up a Contractual Joint Venture for a period of 25 years.
Explain the key characteristics of Contractual Joint Venture.
 JUNE 2023
Q.2 (E) [4 MARKS]
A non-resident entity desires to set-up an equity based joint venture in India. However, there
are certain restrictions under FDI Policy of Government of India. Describe the restrictions to a
non-resident entity under FDI Policy of Government of India.

Q. 2 (A) [4MARKS]
(ii) Explain any five benefits of forming a Special Purpose Vehicle (SPV)

Q.2 (A) [4 MARKS]

A and B are the civil contractors having their own separate proprietorships. The State
Government has issued the tender for construction of 10 kms, road. As per the terms of the
tender, the bid can be submitted either by a partnership firm or a company only. A and B wish to
form a partnership firm to become eligible for bidding in the aforesaid tender. Advise them the
key ingredients of a Partnership Agreement.

DECEMBER 2023
Q.3 (C) [3MARKS]

BN Ltd. and PL. Ltd. desire to form a Joint Venture for setting-up a new infrastructure project in
the State of Karnataka. Both the companies approach you to seek your advise on the Joint
Venture Agreement to be entered into between them. Advise them the essential components of a
Joint Venture Agreement

Q. 2 (B) [3MARKS]
YZ Ltd. desires to form a Special Purpose Vehicle (SPV) to start a new project. Brief the company
on the benefits of forming a SPV.

Q.4 (A) [3 MARKS] (OR)

Explain in brief the objectives of Foreign Collaboration.
 10. SETTING UP OF BRANCH
OFFICE/LIAISON OFFICE

JUNE 2019
Q 2 (b) [4 MARKS]
Divyesh Digital Networks LLP wants to expand its büsiness through investment in an overseas
Joint Ventures (JV) or/and Wholly owned Subsidiaries (WOS). The partners of the firm seek your
advice about the various sources/modes of funding through which overseas investment can be
made. Advise them in light of the provisions of Foreign Exchange Management Act, 1999.

DECEMBER 2020
Q.1 (A) [5 MARKS]

'A Branch Office can be established by a body 2020 incorporated outside India, including a firm
or association of persons, involved in manufacturing or trading activities. The permission to set-
up a Branch Office has to be obtained from the RBI under the FEMA, 1999 provisions. In light of
the RBI Master Circular of 2016, highlight the activities which are permitted by the RBI.

JUNE 2022
Q.1 [5 MARKS]

ABC Ltd., involved in manufacturing or trading activities, established its branch office outside
India includes a firm or association of persons. The permission in this regard has to be obtained
from the RBI under the FEMA Act 1999. Highlight the permitted activities by RBI in the light of
RBI Master Circular of 2016.

DECEMBER 2023
Q.1 [3MARKS]

S&T Corp. is a company registered in Germany. The company desires to open a Branch Office in
India. Advise S&T Corp. the activities permitted for a branch office in India of a person resident
outside India under the Foreign Exchange Management Act, 1999 read with Foreign Exchange
Management (Establishment in India of a branch office or a liaison office or a project office or any
other place of business) Regulations, 2016
 11. SETTING UP OF BUSINESS OUTSIDE INDIA ANS
ISSUES RELATING THERETO

JUNE 2019
Q .2 [ 4 MA R K S ]
(Divyesh Digital Networks LLP wants to expand its büsiness through investment in an
overseas Joint Ventures (JV) or/and Wholly owned Subsidiaries (WOS). The partners of the
firm seek your advice about the various sources/modes of funding through which overseas
investment can be made. Advise them in light of the provisions of Foreign Exchange
Management Act, 1999.
Q .2 [ 4 MA R K S]
Comment on the following:
(ii) Choice of business locations outside India involves consideration of many factors.

DECEMBER 2020
Q.1 [5 MARKS]

Can a Navratna Company in Oil and Gas sector in India, which are duly approved by the
Government of India, invest in Overseas -Unincorporated entities in oil sector without any
limit under automatic route?

AUGUST 2021
Q.1(A) [5MARKS]

Somit Kapoor is an Indian businessmen dealing in manufacturing of antique designer jewels.

He has retail shops across all major cities in India. He wants to diversify his business
geographically and plans to open retail outlets outside India. What are the aspects he should
look into in choosing investment locations outside India? (5 marks)

Q.2 (A) [4 MARKS]

Hemanth, who is interested in making overseas investment (financial commitment) in an
energy sector in Vietnam, which exceeds the prescribed limit of the net worth of his Company
as per the latest audited Balance Sheet. Accordingly, investment falls under Approval route
instead of Automatic route. What are factors to be taken into account by Reserve Bank of India
for considering such application?
 JUNE 2023

Q.1 [5MARKS]

Agarwal Enterprises Ltd. (AEL) is a resident company in India for the last 15 years. The company
is operating in various sectors e.g. power, infrastructure, ports, oil, telecommunications and IT
etc. Now, the company is planning to make an investment of 10,000 crore in Australia based solar
power projects through the joint venture in Australia. The latest audited financial statements of
the company revealed the following data as on 31 March, 2023:
Paid up Share Capital : 2,000 crores.
Reserve & Surplus : 1,000 crores.
Long-term Borrowings : 1500 crores.
Creditors : 300 crores.

Referring to the provisions of Foreign Exchange Management (Transfer or Issue of any Foreign
Security) Regulations, 2004 and Notifications issued by the Reserve Bank of India, advise whether
the company can make desired investment under the automatic route in the financial year 2023-
24 (Assume USD 1 = 80).

DECEMBER 2023

Q.4(A) [3MARKS]
Discuss in brief the eligibility for referring any entity as ‘Indian Entity’ under the new regime as
per the provisions of Foreign Exchange Management Act, 1999
 12. IDENTIFYING LAWS APPLICABLE TO VARIOUS
INDUSTRIES AND THEIR INITIAL COMPLIANCES

JUNE 2019

Q.4 [3 MARKS] [OR]

Write short notes on:
(iv) Labour Welfare Fund for social assistance to workers.

Q.3 [5 MARKS]

Harischander wants to start a manufacturing business but he is not able to decide on the
form of business (Type of Business Entity). He seeks your advice about the legal implications
and requirements for the various business forms in India on the basis of the following
parameters:
(i) Registration
(ii) Member's liability
(iii) No. of members required
(iv) Taxation
(v) Legal Status

DECEMBER 2019

Q.4 [3MARKS]
Prabhat is proposing to start a new business wants to know from you the mandatory
annual compliances for an LLP and a partnership firm.

DECEMBER 2020

Q.4 [3MARKS]
You are Company Secretary of U Ltd. The Board of Directors has required to prepare a check list
of Sector Specific Laws to be complied with by the Company in Human Health Sector. Prepare
the check list to be submitted before the Board.
 JUNE 2022
Q.3 [5 MARKS]

Discuss labour law in brief applicable to media and communications industry.

DECEMBER 2022

Q . 2 [ 2 + 2 = 4 M A R K S]

Wonkar Club was formed as a Limited Liability Company under Section 8 of the Companies
Act, 2013 with the object of promoting Gill Danda by arranging introductory course at district
level and friendly matches_ The club has been earning surplus of late, the affairs of the
company are conducted fraudulent and dividend was paid to its members. A member decided
to make a complaint with Regulatory Authority to curb the fraudulent activities by cancelling
the license given to the company.

(i) is there any provision under the Companies Act, 2013 to revoke the license? If so, state the
provisions.
(ii) Whether the Wonkar Club can be merged with Stick Private Limited, a company engaged
in the business of Networking?

Q.3 [5 MARKS ]

Vikram Overseas Pvt. Ltd. has a paid up capital of 50 lakh and turnover of₹ 15.80 crore in the last
financial year 2020-21. The Company has filed its annual return for the relevant financial year
signed by only one director of the company. With reference to the provisions of the Companies
Act, 2013, analytically comment whether the act of the company is in order?
 13. VARIOUSINITIALREGISTRATIONSANDLICENSES

DECEMBER 2018

Q .3 [ 5 M A R K S ]

Rakesh is interested to form a Non-Banking Financial Company (NBFC) for carrying business of
providing micro finance in the rural areas in the name of 'SABKO Loan Company Ltd.,' Advise him
about the various categories of NBFCs and let him know as to which category of NBFC will suit him
for applying the license.

Q.4(A) [3 MARKS]

Any corporate body doing business in India requires a Permanent Account Number (PAN),
whether it is registered in India or not.
Elucidate.

Q.4(D) [3 MARKS]

Ramesh has purchased a shop in local market of New Delhi and wants to set up a business of
electronic goods. Is he required to get his shop registered under the Shops and Establishment Act
? If so, advise him with the procedure.

Q.4A(I) [3 MARKS] (OR)

Which industries come under the purview of compulsory licensing as per New Industrial Policy,
2015?

Q.4A (IV) [3 MARKS] (OR)

ABC Ltd. is planning to enter into the business of Insurance for which Board of Directors of the
Company seeks your advice about the norms in respect of paid up equity capital for carrying out the
business of an insurer. Advise them accordingly with reference to the provisions of Insurance Act,
1938 as amended by Insurance Regulatory and Development Authority Act, 1999. Also state the
items that are excluded in determining the amount of paid up equity capital of an insurer under the
said Acts.
 JUNE 2019
Q.4A [3 MARKS] (OR)

Write short notes on:

(ii) Industrial Entrepreneurs Memorandum (IEM)

Q.3 [3 MARKS]

List out the grounds under which the Insurance Regulatory and Development Authority of India
(IRDAI) is compulsorily required to cancel the Certificate of Registration granted for Insure
/Insurance business.

DECEMBER 2019
Q.3 [5 MARKS]

Aravind has recently completed Telecommunications engineering and he is keen in starting his
own venture for Telecommunication support services. He has heard about OSP License and
approached you to get more information on it. Brief him, on the purpose, authority authorised to
issue such license, documents necessary for making application and compliance after registration.

Q.4A [3 MARKS]

What are the circumstances under which RBI may cancel the license granted to a banking company
regulated under the Banking Regulation Act, 1949.

DECEMBER 2020
Q.3 [5 MARKS]
Z, a resident of Bangalore, desires to set up a food manufacturing unit where he will cook variety of
food items like Idly, Dosa. Pani-Puri, Pongal, Dry Samosa, Club Kachori and many more with the
help of imported & automatic machines and pack itself for retail selling in the market under his
brand name. Advise him on the registration requirement before starting any petty food business.

Q.4A (II) [3 MARKS]

What forms are required to be filed with ROC for registration of a new company where the
registration of GST, EPFO and ESIC is also applied simultaneously?
Q.4A(IV) [5 MARKS]

Registration of Import-Export Code (IEC) has lifetime validity. In view of the statement, mention
essential features of IEC registration.

AUGUST 2021
Q.3 [5 MARKS]

Srinivas, a resident of Telangana, wishes to set up a Cigarette manufacturing unit. He is of the view
that after availing FSSAI registration, he can start his Cigarette factory and no other licensing is
required for the same. Explain Srinivas on the requirements of Industrial licensing based on
category of Industries.

Q.4A (I) [3MARKS] (OR)

Ameer is a registered Pharmacist under State Pharmacy Council wants to start his own pharmacy
shop in India, for which he requires Drug license. Suggest him the minimum requirements for
obtaining the Drug license.

Q4A(IV) [3 MARKS] (OR)

A Company already engaged in the business of marine and fire insurance would like to take-up the
business of life insurance. Discuss the possibility of taking on this business. Also briefly describe
under what circumstances registration of Insurance Companies may be suspended.

DECEMBER 2021

Q4 [3 MARKS]

Rajan, a toy manufacturer wants to export toys to Thailand. He seeks your advice on the
requirement of Import Export Code (IEC) for exporting toys to Thailand. Advise Rajan along with
the documents required for obtaining IEC.

Q4A(II) [3 MARKS](OR)

Ramesh is running a fast food shop in Chandni Chowk, Delhi. He seeks your advice on the
requirement of obtaining FSSAI Registration. Advise Ramesh.
 JUNE 2022
Q4(B) [3 MARKS]

Namit has completed his diploma in pharmacy from a premier institute and wants to start
wholesale Drug business. He seeks to get registered himself as wholesale drug dealer in State Drugs
Standard Control Organization. Explain him the minimum requirements before applying wholesale
drug license.

Q4(D) [3 MARKS]

Which industries come under the purview of compulsory licensing as per New Industrial Policy,
2015?

Q4A(II) [3 MARKS](OR)

Ambika is a young entrepreneur in Bikaner dealing in precious stones across all major cities in
India. She has explored some opportunities abroad and wants to start business abroad. She
approached you to advise whether she would be required to get herself registered with Director
General of Foreign Trade (DGFT) for export, if yes, what are all documents required for such
registration? Advise her.

Q4A(III) [3MARKS](OR)

Karan wants to open garment shop in a shopping mall. Is he required to get his shop registered
under Shops and Establishment Act, 1948 ? If so, advise him the procedure.

DECEMBER 2022
Q.3(A) [3MARKS]

(i) Central Goods & Services Tax Act, 2017 (CGST Act, 2017) prescribe the cases where registration
under the Act is compulsory. irrespective of the aggregate turnover. Discuss.

(ii) On the other hand, under CGST Act, 2017 there are certain people who are not liable to be
registered. Discus

Q.3(C) [5MARKS]

Entrepreneurs are required to obtain Statutory Clearances relating to Pollution Control and
Environment-while setting up an Industrial Project. Central Pollution Control Board has specified
list of industries requiring pollution license/certificate or consent. Ministry of Environment carries
on the classification from highest to lowest Pollution Index and categorized the industries. Explain
Q.3(D) [3MARKS]

Define the term -Commercial Establishment" under Shop & Establishment Act.

Q.4(A) [3MARKS]

Any business entity doing business in India requires a PAN (Permanent Account Number) whether
it is registered in India or not. Elucidate.

Q.4(E)[3MARKS]

Ramesh is going to setup a manufacturing, storing and packaging plant of cow ghee. He seeks your
advice on the types of FSSAI license required to take before starting food business. Advise

Q.4A[II] [3MARKS](OR)

Discuss Udyog Aadhar Memorandum.

Q.4A[III] [3MARKS](OR)

What are the circumstances under which RBI may cancel the license granted to a banking company
regulated under the Banking Regulation Act, 1949?

JUNE 2023
Q.4A(V) [3MARKS]

What conditions are required to be satisfied by the White Category of industries to be eligible for
pollution license exemption?

DECEMBER 2023

Q.2 [3MARKS]

Ratan has started the business of handicraft items in Chandni Chowk, Delhi. One of his friends
advised him to obtain the license under the Shop and Establishment Act, 1948. He approaches you
to seek your advice on the contents of application for license under the Shop and Establishment
Act, 1948. Advise Ratan.

Q.4(C) [3MARKS]
Briefly state the types of FSSAI License under the Food Safety and Standards Act, 2006.
Q.4(D) [3MARKS]

What do you mean by 'Other Service Providers' (OSP) under New Telecom Policy, 1999?

Q.4A(I) [3MARKS] (OR)

Write down the procedure to apply for Industrial License under Industries (Development and
Regulation) Act, 1951?

Q.4A(II) [3MARKS] (OR)

Describe in brief the compliances under Environment Laws.

 14. CONSTITUTION AND LABOUR LAWS

DECEMBER 2019
Q.3 [6MARKS]

State the specified directions issued by Supreme court to the State Government in case of Bandhua
Mukti Morcha Versus Union of India.
 15. EVALUATION OF LABOUR LEGISLATION AND NEED
OF LABOUR CODE

DECEMBER 2019

Q.3 [6MARKS]

Explain any two most important recent reforms/ amendments in labour laws.

AUGUST 2021

Q.6 [3MARKS EACH]

The Code on Wages, 2019 amalgamate, simplify and rationalize the relevant provisions of the
following four Central Labour enactments relating to wages, namely:

(i) The Payment Wages Act, 1936.

(ii) The Minimum Wages Act, 1948
(iii) The Payment of Bonus Act, 1965; and
(iv) The Equal Remuneration Act, 1976

Based on the above enactment of the Code, answer the following question:
(a) How is the wages fixed for an employee working overtime?
(b) What are the conditions for fixing the minimum wages?
(c) When deduction can be made from wages?
(d) What is not included in wages?

DECEMBER 2021
Q.5 [6MARKS]

Necessity of Consolidation of labour laws is the need of house. Discuss in the context of the Code on
Industrial Relations, 2020.
 16. LAW OF WELFARE & WORKING CONDITIONS:
UNIT I- FACTORIES ACT, 1948

DECEMBER 2019
Q.5 [6MARKS]
In deciding the concept of ‘worker’ in Factories Act, 1948, whether relationship of master and
servant is necessary?

DECEMBER 2020

Q.2 [6MARKS]

Mohan collect the tendu leaves from nearby forest during day time and along with his family roll
them to bidies at night. He supply the finished product of bidies to nearby factory i.e., ABC Bidi
Ltd., Factory does the quality inspection of the finish product as per their fixed standards and
accordingly accept or reject the product. Payments are made for the accepted quantity of bidies as
per the factory rates. In the above kind of factual circumstances, decide with the help of set
principle whether Mohan is an employee of the factory.

AUGUST 2021

Q.4 [6MARKS]
Audit under labour laws is new concept, which is necessitated, in direct consequence of its non-
compliance in large scale".
Explain this statement and list out the areas to be checked/verified the Auditor under Factories Act,
1948 of an Industrial Organization

Q.5 [3MARKS]

“One of the important measures to be taken by Factories for Health, Safety and Welfare of the
workers is 'Ventilation and Temperature in the work environment". Explain the statutory
provisions in this regard under Factories Act, 1948
 JUNE 2023
Q.4A [3MARKS](OR)

M Ltd. has a textile plant situated in Bhiwandi, Maharashtra. Mudit is the head of the plant, who
possesses Master Degree in Mechanical Engineering from a reputed Institute. Mudit is appointed
as the occupier of the plant under the Factories Act, 1948. What are the measures Mudit has to
adopt for health of workers employed in the manufacturing process which generates dust, fume and
other impurities?

Q.6 A [5MARKS](OR) DECEMBER 2023

Describe in brief the specific responsibility of the occupier in relation to hazardous processes
under the Factories Act, 1948.
 16. LAW OF WELFARE & WORKING CONDITIONS:
UNIT II- CONTRACT LABOUR
(REGULATIONS AND ABOLITION) ACT, 1970
DECEMBER 2019
Q.5 [6MARKS]

Mr. Bharat wants to set up an industrial establishment for collecting and manufacturing quarry
products. He has been told that there is no significant difference between contract labour and
employees. Is there any difference between two terms? He also wants to know whether contract
labour can be employed for any nature of work? Will the contract employees automatically become
the employees of the principal employer?

DECEMBER 2020
Q.3 A [6MARKS]

Discuss the judicial activism in reference to Contract Labour Abolition Act, 1970.

AUGUST 2021
Q.2 [6MARKS]
Discuss the Judicial activism in reference to The Contract Labour (Regulation and Abolition)
Act,1970. Also explain the jurisdiction of Industrial Tribunals to abolish Contract Labour.
 16. LAW OF WELFARE & WORKING CONDITIONS:
UNIT III- CHILD AND ADOLESCENT LABOUR (PROHIBITION AND REGULATIONS) ACT, 1986

AUGUST 2021
Q.3 [6MARKS]

What Penalties are imposed for appointment of Child & Adolescent Labour in The Child &
Adolescent Labour (Prohibition & Regulation) Act, 1986.

JUNE 2023
Q.4A [3MARKS] (OR)
Daadi ke Achaar Pvt. Ltd. is producing the pickles of all varieties. A few of the workers in the
company are in the age group of 15 to 18. The company seeks your advice on the provisions
regarding working hours and period of work under the Child and Adolescent Labour (Prohibition
and Regulation) Act, 1986. Advise the company.

DECEMBER 2023
Q.6 [5MARKS]
Define the term 'Adolescent' under the Child and Adolescent Labour (Prohibition and Regulation)
Act, 1986. Also explain the provisions regarding hours and period of work of an adolescent in any
establishment under the Act.
 17. LAWS OF INDUSTRIAL RELATION
UNIT 1- INDUSTRIAL DISPUTES ACT, 1947

DECEMBER 2011
Q.7(A) [5 MARKS]
DISTINGUISH BETWEEN THE FOLLOWING:
(i) ‘Arbitration’ and ‘Conciliation’ for the resolution of industrial disputes under the Industrial
Disputes Act, 1947.
(ii) ‘Lay-off’ and ‘Lock-out’ under the Industrial Disputes Act, 1947.

DECEMBER 2019
Q . 2 [ 6 M A R KS ]
(i) Differentiate the role of work committee and conciliation officer in resolving industrial
dispute.
(ii) In what cases wages for the Strike period are paid?
Q.5 [6 MARKS]

Elaborate in what circumstances during the pendency of proceedings, change in conditions of

services are permissible?

DECEMBER 2020
Q.6 [12 MARKS]

Define Strike and Lock-out. When are Strikes and Lock-outs illegal? Can financial aid be
given to workers engaged in such illegal Strikes and Lock-out?

AUGUST 2021
Q.2 (A) [6 MARKS]
The employees employed in an Airline Industry gave notice of strike stating that they would
go on strike dated 1st December, 2018. In fact, they struck the work before the said date. Is
the strike illegal? Discuss.
Q.3 (B) [6 MARKS]
An employee who is ‘laid-off by his employer at Dadar, Mumbai refuses to accept an
alternative employment, offered in another establishment situated of Sion in Mumbai,
belonging to the some employer.
Is the employee entitled to claim ‘Lay-off’ Compensation?
 DECEMBER 2021
Q.3 (A) [6MARKS]
Is the Right to Lay off can be claimed as an inherent right of the employer?

Q.6 [12 MARKS]

The legality or illegality of a strike has nothing to do with the liability for deduction of wages.

Even if the strike is legal, it does not save the workers from losing the salary for the period of
strike. comment with the help of decided cases.

DECEMBER 2019
Q.1 [8MARKS]
Read the case below and answer the questions at the
end:
There arose a dispute between the management and two rival trade unions over the dismissal of
some employees. Both the trade unions served notices for strike on the management on 21 July
2018, specifying their demands and their intention to go on strike from 10h August 2018. An
attempt was made to conciliate between parties involved and conciliation proceedings lasted
between 26h July 2018 to 8th August 2018. A failure report was sent to the Government by the
Conciliation officer. A large number of workmen went on strike on 10th August, 2018. The
management of the company alleged that they forcibly entered the company's premises and other
places and obstructed the work of the loyal workers. The workmen turned violent and therefore
the District Magistrate issued prohibitory orders on 10th August
2018. On the same day, the company declared a lock out.
Around a week later on 19h August 2018, the trade unions called off the strike, whereas company
lifted the lock out on 27h August 2018. The company suspended those workmen whom it claimed
to have obstructed the loyal ones and dismissed those who were convicted for violation of
prohibitory orders.
The Industrial Tribunal held that the strike although illegal, was justified, and the company was
not entitled to dismiss the workmen. The company was directed to reinstate the workers except
those who have been convicted under Indian Penal Code. It was also directed to reinstate the
workers dismissed originally due to which the dispute arose.
The company wants to appeal against this order by special leave to the Supreme Court.

a) State the chances of the management in getting relief from Supreme Court, assuming that it is a
case of a public utility service. Was the strike of the workers on 10th August 2018 consistent with
the provisions?
(b) Explain the meaning of 'justified' and 'unjustified' strikes.
(c) are wages payable to the workers for the strike period?
(d) Are there general rules prescribed for the prohibition of strikes and lockouts in public utility
and non- utility service?
(e) Explain the meaning of public utility services, also state that is it true that these services can be
carried out only by government and public companies?
 DECEMBER 2020
Q.2 [6MARKS]
Ramesh is working with XYZ Motor Manufacturing Ltd. as 2020- motor mechanic. The
manufacturing company has two active trade union. Ramesh being introvert and shy in
personality, has not shown much of the interest in trade union polities and not member of them.
One day during course of employment on duty time, due to malfaction of machine, accident
occurs causing him partially paralysed. He was admitted to hospital for one month. In his
absence, company arbitrarily terminate him from job without paying proper and adequate
compensation. On recovery he raise issue with company. The company dismiss his claim and
blame him for being negligent on duty and cause of accident. Can Mohan raise an Industrial
Dispute? Advice.

DECEMBER 2021
Q.1 [8 MARKS]
A, a lawyer and B a company secretary by profession had established a firm and started giving
consultancy to the various
company/clients of Delhi/NCR region. In the short span of 5 years they had made good
reputation and also started to appear NCLT and NCLAT. For the smooth discharges of
functioning of the firm they employed a team of around 20 people which includes lawyers,
Stenographer, accountants, computer operators, peon and driver for smooth discharge of
function. One peon X apart from his normal function also used to work as domestic servant at
the house of A. The brief function of the Stenographer is to prepare the petition and other
correspondence of the firrn. He also entrusted with the function of making the attendance
record of other staff members and maintain the diary of the cases pending before the various
court, he also used to work late hours apart from his normal duty hours.

After two years, the services of peon X and stenographer was terminated. They raised an
industrial dispute relating to their termination. Now in the lights of provisions of Industrial
Disputes Act, 1947, answer the following questions:

(a) Whether the Firm established by Mr. A and B is covered in the domain of Industry for
extending the benefits of Industrial Disputes Act, 1947? How far the services of domestic
servants are covered under the concept of Industry of the IDA 1947 ?(8 marks)
(b) What is the principle of "Triple Test" for the determination of Industry? (8 marks)
(c) Is the term "workman" and "person employed for delivering goods or services" are the same
terms under the Industrial Disputes Act, 1947? (8 marks)
(d) With the help of decided cases decide whether the following persons are workmen under
Industrial Disputes Act, 1947:
(i) A Temple Priest (ii) An engineer of XYZ Ltd. (iii) Head Constable of Delhi Police (iv)
Development officer of LIC. (8 marks)
(e) With the help of decided case/reason, briefly enumerate whether the following activities can
be treated as an industry:
(i) The ICSI, New Delhi, (ii) Central Jail (iii) A temple in which the activities of Dharma, Dhyan,
Bhakti and Puja are carried out, (iv) A Registered Trade Union.
 DECEMBER 2023
Q.6 (A) [5MARKS]
Distinguish between ‘Lay off” & ‘Lock out” under the Industrial Disputes Act, 1947.
 17. LAWS OF INDUSTRIAL RELATION
UNIT 2- INDSTRIAL EMPLOYEMENT (STANDING ORDERS)ACT, 1946

DECEMBER 2019
Q.4 [6MARKS]
On every working day, when the workers canteen of the company is opened, there would be a big
rush of employees for purchase of snacks and tea. Normally employees stand in queue for the
purchase of various items from two different counters. The canteen remains open for half- an-hour
and all employees who come there can conveniently purchase eatables, if they stand in queue. One
day, Shubham came to canteen when in both counters people were standing in queue, and he tried
to purchase the snacks through Sarvesh, a co-worker who was in queue. This was objected by
Prashant who was standing just behind Servesh. Arguments started between Shubham and
Prashant. They were both angry and in the process, Shubham slapped Prashant. The canteen
supervisor intervened and 2 separated them. Both of them were active members of two different
rival unions. Analyse the point of issue in the case and state the main points of chargesheet to be
issued to the employees concerned for this misconduct. Also state any six matters to be provided in
the standing orders under the Industrial Employment (Standing Orders) Act 1946.

Q.6 [6MARKS]

The certified standing orders of a company provided that the retirement age of the workman would
be 58 years of age. The company enhanced the age to 60 years, as a temporary measure to retain
the employees and to cut costs. However, the financial performance of the company still did not
improve and few years later, the company withdrew the enhancement and restored the retirement
age back to 58 years. The company contended that it was just a temporary measure and even if the
benefit of enhancement of age of superannuation from 58 to 60 years has been extended in favour
of the workmen, they have got no right to retain the same for the reason that Service Rules and
Certified Standing Orders applicable to the workmen stipulates the age of 58 years and since the
same has not been amended in accordance with law, hence the provisions of Service Rules and
Certified Standing Orders are binding upon the workmen The trade union wants to challenge this
action of the company as bad in the eyes of law, as the employer was bound to give prior notice.
Will the trade union succeed?
 18.LAW OF WAGES
UNIT-1 PAYMENT OF WAGES ACT, 1936

DECEMBER 2022
Q.4(A) [3MARKS]
Explain the deductions that can be made from the wages of an employee under Payment Wages
Act, 1936.

DECEMBER 2023
Q.6 (A) [5MARKS]
A factory is having 400 employed persons & covered under the Payment Wages Act, 1936. It wants
to fix the wage period as one and half month and make the payment of wages within 10 days after
the last day of the wage period. Is it permitted under the Payment of Wages Act,1936?
 18.LAW OF WAGES
UNIT-2 MINIMUM WAGES ACT, 1948

NOTHING HAS BEEN ASKED YET

 18.LAW OF WAGES
UNIT-3 PAYMENT OF BONUS ACT, 1965

DECEMBER 2019
Q.4 [6MARKS]

The employees of company Old Limited had been getting the maximum bonus of 20%. The
company was amalgamated with certain other companies, on the stipulation that employees of
amalgamating companies would become employees of the new company on terms not favourable to
them and that a separate profit and loss account would be prepared for each of the amalgamating
companies. The new company allowed the said employees only the minimum bonus 8.33% on the
basis of consolidated profit and loss accounts and contended that section 3 was not applicable as
there was no stipulation for preparing separate balance sheets for each amalgamating companies.
State as to who will succeed, the employees of Old Limited or the management of the new
company?

DECEMBER 2020
Q.5 [6MARKS]
Write brief essay on the Concept of bonus & profit sharing.

DECEMBER 2021
Q.2 [6MARKS]

Mr. X was an employee of Naya International Co. with more than one-year continuous service. He
was dismissed from services on account of insubordination. The Company refused to pay him
bonus. Decide whether such person is entitled to any bonus? Also critically examine the
disqualifications for payment of bonus.

DECEMBER 2023
Q.6(A) [5MARKS]
Explain in brief the classes of employees to whom the provisions of the Payment Wages Act, 1965
are not applicable.
 18.LAW OF WAGES
UNIT-4 EQUAL REMUNERATION INSURANCE ACT, 1976

NOTHING HAS BEEN ASKED YET

19.SOCIAL SECURITY LEGISLATIONS
UNIT-1 EMPLOYEES’ STATE INSURANCE ACT, 1948

NOTHING HAS BEEN ASKED YET

 19.SOCIAL SECURITY LEGISLATIONS
UNIT-2 EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS
PROVISIONS ACT,1952

JUNE 2022
Q.4 [6MARKS]
Jagrati Co-operative Society (JCS) is engaged in the manufacturing and selling of Papad and
Pickles and has employed 35 female workers belonging to the nearby villages. The JCS is registered
with the Registrar of Co-operative Society under the Co-operative Societies Act, 1912 and is having
its works/administrative office in Palghar, Maharashtra. The JCS is providing salary to its female
workers, but is not deducting any Provident Fund. One day, Sandhya, a female worker of the JCS,
made a complaint to the PF Dept. of that area for not deducting the PF from her salary. So the JCS
received a notice from the PF Dept. The JCS has approached you for the legal advise. What will be
your answer?
 19.SOCIAL SECURITY LEGISLATIONS
UNIT-3 MATERNITY BENEFIT ACT, 1961

DECEMBER 2019
Q.2 [6MARKS]
What rights does a woman has upon her return to work from maternity leave?

DECEMBER 2021
Q.4 [6MARKS]
“Under the Maternity Benefit Act, 1961, women employees are entitled to maternity benefit at the
rate of average daily wage for the period of their actual absence up to 26 weeks due to the delivery”.
In this connection , is it necessary for a working woman t give notice to its employer for maternity
benefit?

DECEMBER 2022
Q.4 [6MARKS]
Ruchika is working in an, establishment and she legally adopted a girl child aged one month. She
claimed for the maternity leave and other benefits but her employer denied since she has not given
the birth, but adopted a child. Ruchika approaches to you for the opinion. Discuss whether Ruchika
ís entitled for the maternity benefits as provided under the relevant law.
 19.SOCIAL SECURITY LEGISLATIONS
UNIT-4 PAYMENT OF GRATUITY ACT, 1972

DECEMBER 2020
Q.4 [6MARKS]
Define and explain the term “Continuous Service” as laid down in the Payment of Gratuity Act,
1972.

JUNE 2023
Q.4 [3MARKS]
Santhi was employed in a factory since 2008 when the total employees in the factory were 54. She
resigned from that employment on 31st March, 2023 after 15 years of continuous service. The
factory owner denied to pay the amount of gratuity to Santhi stating that on the date of her
retirement, the number of employees in the factory had come down to 8, hence the provisions of
Gratuity Act, 1972 would not be applicable. Referring to the provisions of Gratuity Act, 1972,
advise whether Santhi will succeed in her claim?

DECEMBER 2023
Q.4 [3MARKS]
Arun was working in a factory from 1st October 2020. He met with an accident while working in
the factory on 30th June 2023 which resulted into his permanent disablement. His services were
terminated by the owner of the factory. The owner also denied to pay gratuity to Arun on the
ground that he had not rendered continuous service of five years. Referring the provisions of
Payment of Gratuity Act, 1972, examine the correctness of the decision of the owner of the factory
for non-payment of gratuity to Arun.
 19.SOCIAL SECURITY LEGISLATIONS
UNIT-5 APPRENTICES ACT, 1961

DECEMBER 2023
Q.6 [5MARKS]
What are the obligations of Employers and Apprentice under the Apprentices Act, 1961?
19.SOCIAL SECURITY LEGISLATIONS
UNIT-6 THE LABOUR LAWS ACT, 1988

NOTHING HAS BEEN ASKED YET

 20. THE SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE ACT, 2013

JUNE 2019
Q.4 [6MARKS]
What is the ambit of workplace as defined under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013?

DECEMBER 2019
Q.5 [6MARKS]

Casual Company Limited was being headed and run by Mr. Questionable, its Chairman cum
Managing Director (CMD) from his residence. He used to come to the office only in cases of
emergency and if there was some important business requiring his physical presence, he was
assisted by Miss Victim who was his personal secretary.
The personal secretary wanted to complain about objectionable acts by her boss, but there was no
internal complaints committee in the organisation. Also she was not comfortable in making the
complaint directly due to mental stress. She was also advised that no action can be taken against
her boss, as the wrongful act was done at the 'residence' of the boss and not at the workplace.
Advise.
 DECEMBER 2023
Q.5 [5 MARKS EACH]

Reena has joined as the Management Trainee in the Company Secretary department of PP Ltd. in the month of
September, 2022. The Comon, Reena has a company. Apart from passing CS Professional, 2022 examination,
Reena has also completed her MBA (Finance) from a reputed Management Institute. She is passionate to learn
the compliances under the Companies Act, 2013, the SEBI Act, 1992 and other laws applicable to the company.
On the request of Reena, the Company Secretary of the company advises Reena to meet Sanjeev, who is the
senior partner of AB Solicitors, the legal consultants of the company, for understanding the compliances under
the various laws.
On 10th July 2023, Reena visits the office of Sanjeev. During the discussion, Sanjeev highlights that in the CS
department of PP Ltd., the male CS trainees are getting higher stipend as compared to the stipend of female CS
trainees. Sanjeev explains her about the reforms proposed by Code on Social Security, 2020, which amends and
consolidates the laws relating to social security with the goal to extend social security to all employees and
workers either in the organised or unorganised or any other sectors or for matters connected therewith or
incidental thereto. He also mentions that in order to ensure security for all workers, the Central Government
has subsumed nine Labour Laws into the Social Security Code to secure the rights of workers for insurance,
pension, gratuity, maternity benefit etc. Further, the Government can fund the contribution of workers from
disadvantaged section. He also informs that being a cotton textile unit, there are some restrictions for PP Ltd.
on engagement of women and children near cotton openers, but the company is not following the prescribed
rules. After the meeting, Sanjeev advises Reena to come again to his office on the next day so that he may
explain her about the pending legal cases. She returns back to the office of PP Ltd. and prepares a detailed
report on equal pay for equal work and laws which are proposed to be merged in Social Security Code and
restriction on employment of women and children. She sends the said report to the Managing Director of PP
Ltd. through email with a copy to the senior partner of the legal consultants of the company. As per the advice
of Sanjeev, Reena visits the office of AB Solicitors, legal consultants, again on 11th July 2023. On reaching the
office of legal consultants, she is informed that Sanjeev is on leave for the day due to urgent personal work.
Mukesh, who is the junior partner in the legal consultancy firm, tells her that he is preparing replies in respect
of various legal cases of the company and she should also learn how to prepare such replies. Reena being
excited to learn new things enters into the chamber of Mukesh. Mukesh tells Reena that he may provide very
useful case studies to her for her learning and starts making physical contact and advances with her. Being
aggrieved by the behaviour of Mukesh, Reena returns to the office of PP Ltd. and makes a complaint before the
internal complaints committee of the company for sexual harassment. Reena wants that her identity, address
and contents of her complaint should not be published, communicated or made known to the public. In view of
the above, answer the following:

(a) In the light of a decided case law, examine whether PP Ltd. is violating the rule of Equal Pay for Equal
Work?

(b) What are the nine Labour Laws that have been subsumed by the Social Security Code by the Central
Government?

(c) Examine whether PP Ltd. is contravening the provisions of law regarding prohibition of employment of
women and children near cotton openers?

(d) Briefly state the provisions regarding prohibition of publication or making known contents of complaint and
inquiry proceedings under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013.