Tiêu đề Dheera test -3 QP.pdf ✅

LAW – CA INTER Bridge Test Series – Sept 25 Test - 3 [1] Visit Us: www.dheeratests.com Multiple Choice Question CASE STUDY QUESTION 1: On 25th July 2024, the Board of Novanta Tech Solutions Ltd, a listed company, issued a notice for its Annual General Meeting (AGM) scheduled for 27th August 2024. The notice included ordinary resolutions for: • Appointment of Mr. Arvind Vora as a director retiring by rotation, • Declaration of final dividend, and • Approval for donation exceeding limits under Section 181. However, 200 members holding shares on the record date 18th August 2024 were restricted from voting on resolution (c), as they had not paid final call money of ₹5 per share. Meanwhile, Ms. Pranita Rao, holding 3,00,000 equity shares, appointed Mr. Yash Luthra as her proxy through an instrument dated 23rd August 2024, received by the company on 25th August 2024. The company refused the proxy citing late receipt. Another shareholder group, comprising 210 members holding an aggregate of ₹6.2 lakhs of paid-up share capital, made a joint requisition for a postal ballot on resolution (c), submitted on 29th August 2024, after the AGM. 2 Marks Each Q1. Which of the following is valid with respect to the company restricting voting rights of 200 defaulting members? A. The restriction is invalid as Section 106 does not apply to default in call money. B. The restriction is valid since the default was on unpaid final call money on shares. C. The restriction can be imposed only via Tribunal order. D. Members can vote irrespective of calls-in-arrears.


Dheera Test Series [4] Visit Us: www.dheeratests.com Q3. Shatranj Mercantile Limited, a listed public company, had its AGM for the FY 2022– 23 on 28th September 2023. The company has a paid-up share capital of ₹5 crore and turnover of ₹280 crore. Mr. Devang Rao (Company Secretary) prepared the Annual Return (Form MGT-7), and it was digitally signed on 10th November 2023 by the Whole- Time Director, Ms. Krithika Arora. It was filed with the ROC on 15th November 2023, along with MGT-8 certified by PCS Mr. Adarsh Nambiar. However, during a compliance audit, it was found that Form MGT-9 was not attached with the Board’s Report, nor made available on the website. The Board claimed it was no longer mandatory. Now the CFO, Mr. Bhuvan Raj, raises concern whether the company has fully complied with Section 92. Which of the following statements is correct as per the Companies Act, 2013? 2 Marks A. The company has violated Section 92 due to late filing of MGT-7 beyond 60 days from AGM. B. Filing of MGT-9 is still mandatory for listed companies and non-compliance attracts penalty. C. The company has complied with Section 92; MGT-9 is not required if the Annual Return is uploaded on the website and link is disclosed. D. MGT-8 is not mandatory since the company is listed and already filed with SEBI. Q4. What does the legal maxim "Generalia Specialibus Non Derogant" mean? 2 Marks A. A general provision shall override a special provision if it is enacted later in time. B. A special provision will prevail over a general one when both deal with the same subject matter. C. A specific law becomes void if a broader general law is also applicable. D. A general statute is preferred over specific rules to maintain uniformity of law.