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IMPORTANT QUESTION RESOLUTION OF CORPORATE DISPUTE-

GROUP 2- CS PROFESSIONAL- AUGUST 2021 -PART -A – THEORY-(The
Views Expressed are Personal and in no way Guarantee the Question Pattern and the author takes
no responsibility of any coincidence whatsoever-JUST AN small initiative for Shantanu & Tanya
Academy)

1. ‘‘Person once convicted or acquitted not to be tried for same offence again’’. Comment on the
statement in the light of decided case law(s). & Explain - Disgorgement
2. General Liability Insurance and Professional Liability Insurance & Companies Act, 2013 is mixture of
both civil law as well as criminal law
3. Enumerate the reasons to buy D & O policy & Errors and Omissions Insurance & Compoundable and
Non-Compoundable Offences
4. As a Company Secretary, advise the Company as to where an appeal can be filed against the order of
NCLAT and also comment on limitation period of appeal against the order & Appeal to Special Director
(Appeals)
5. Can ROC enter any premised on basis of complaint received and conduct search without Order of
Special Court & any 5 situation of Fraud under SEBI Regulations
6. Grounds on which the Central Government may order for investigation into affairs of company
7. Dress code approved by the Council of ICSI to appear before judicial/quasi-judicial bodies and Tribunal
& eligibility to be appointed as a Mediator or Conciliator
8. Compounding Authorities under Companies Act, 2013 & procedure for compounding in brief & can
coumpounding be granted again for same offence & what kind of offence can be compounded &
objective of providing Compounding and economic benefits
9. Can Registrar of Companies order adjudication proceedings under Section 454 of Companies Act, 2013
& Explain connected person & Unpublished Price Sensitive Information
10. An investigation has been initiated against PR Limited under Section 210 of the Companies Act, 2013.
M, the Managing Director of PR Limited, refused to produce books of accounts before the Inspector
and disobeyed the direction issued by the Inspector. What would be the penal provisions for such an
action under the Companies Act, 2013 ?
11. Duties of statutory auditors in case Fraud Amount is more then Rs. 10 Crore & Explain fraud under
Companies Act 2013 (Section 447) & Essential of Fraud
12. Crisis Management vis-à-vis Risk Management & recommendations for establishing a good crisis
management plan & Type of Crisis Management
13. Enterprise Risk Management and challenges for effective implementation & ESG INDEX
14. Class action suit and number of person required to file petition & rights available to minority
shareholders under Companies Act & The Principle of Non-interference (Rule in Foss v. Harbottle) and
its exception
15. Shareholders democracy & Provision for the same under Companies Act & reference review and
Revision
16. NCLT can rectify mistakes in its own orders on suo-moto basis- comment & Continuing Offences
under the Companies Act, 2013
17. legal compliance program & Discharge of Director on the ground that notice had not been served upon
her by the ROC
18. Can a Company Refuse to transfer share to Wilful defaulter of Banks and what are the rights available
with Wilful defaulter under provision of companies act
19. Appeal under Provision Foreign Exchange Management Act, 1999 & Appeal to Securities Appellate
Tribunal
20. Anticipating future risks is a key element of avoiding or mitigating those risks before they escalate into
crisis.” Explain

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21. Due to irregularity SEBI passed an Order to delist the securities of the Company from the said stock
exchange – as a Company Secretary render your expert advise to Board on further course of action
22. various types of Criminal Courts under the Criminal Procedure Code, 1973 and their powers in brief &
Penalty for failure to redress investors’ grievances
23. ‘‘Breach of trust may be held to be a civil wrong but when mens-rea is involved, it gives rise to criminal
liability also’’. Comment on this statement with supporting judicial pronouncements & Criminal Breach
of Trust- Condition associated with it
24. Penal provision for Not Holding AGM on time for 2 consecutive year & Contribution to local political
party and condition associated with the same
25. Condition/ stage on which Magistrate will permit to withdraw the case
26. can a Court take cognizance of the matter on suo moto and initiate action based on the media reports
27. who is officer in default & its resposibility – Explain with help of case law
28. Cheating – Main Ingredients & Can different offences be clubbed in a single trial?- Explain with case
laws & Summary Trail & Problems Of Trial System
29. A notice of investigation was sent to Maina Limited for alleged misappropriation of funds in the
Company. As the Company Secretary of the Company, prepare a report touching upon various aspects
of the activities of Company which would prove that the allegation in the instant case is not true
30. can the authorised officer inspect place of business (power). Quote relevant provisions to justify your
answer & Explain Combination and dominant position under Competition Act
31. discuss the provisions under PMLA with punishment for vexatious search & Punishment for fraud

1. Whistle Blowing & Exit Checks and Clawbacks as safeguard strategy for Fraud
2. Search & Seizure under income Tax Act 1961 and Prevention of Money Laundering Act & Appellate
Tribunal Under PMLA
3. The current regulatory scenario demands the Company Secretary to be more vigilant and diligent
specifically about the applicability of multiple laws and timely compliances. Briefly comment on the
statement.
4. Penalty on non Appointment of Company Secretary- Section 203 & Inspection vis-à-vis Inquiry vis-à-vis
Investigation
5. A legal compliance program is generally defined as a formal program specifying an organization’s
policies, procedures, and actions with an intent to prevent and detect violations of laws and
regulations”. Comment briefly
6. ‘Consent Order’ issued by SEBI & Enforcement Department and its division & mediation vis-à-vis
conciliation & Steps for Risk Management
7. Who Can File Class Action Suits & Factors determining Dominant Position & Withdrawal of Mediation
Application
8. Crisis Management (Facebook Data Breach , Coca – Cola) & Risk Management
9. Enterprises Risk Management - (COSO)- Committee of Sponsoring Organizations of the Tread way
Commission

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10. K.Seethalakshmi v. Registrar of Companies – Liability of director to comply with Provision of Company
Act 2013 & Things to consider before buying D & O Policy

1. Single Trail for one then one offence & Public Prosecutor and Company Prosecutor
2. Bharat Plywood and Timber Products Private Limited and Onr. v. Registrar of Companies –
Section 300 CrPC - person cannot again be tried on the same facts for the offence for which
he was earlier tried
3. Difference between Section 441 ( Compounding Order)and Section 454 (Adjudicating Order)
of Companies Act 2013 & Factors Considered While Considering Compounding Application
4. De-criminalisation of offences under the Companies Act & Define “oppression” and
“mismanagement” with help on case law & eligibility criteria for making application
5. COFEPOSA & Power to Compound under Companies act Section 241 vis-à-vis 245 Companies
Act 2013
6. Cognizable’ and ‘Non-bailable’ offences under the Companies Act, 2013 & Summons Case and
Warrant Case
7. Enumerate the powers of Reserve Bank of India and Enforcement Directorate to compound
contraventions & Power of regional Director & NCLT for compounding offence & authority to
approach for non compoundable offence
8. Circumstances where application can be made to Tribunal for Relief in Cases of Oppression
9. Preparation By A Company Secretary To Face Investigation & Process of Investigation by
Serious Fraud Investigation Office
10. Procedure of search in Criminal Procedure detailed as follows & Relevant Market under
Competition Act
11. Search & Seizure & arrest under GST act & Division under CBI & Which Offences Cannot Be
Compounded & grounds on which the NCLT can order for the freezing of assets of the
company
12. NCLT not bound by CPC, 1908 but shall be guided by the principles of natural justice
13. ‘Managing Social media is one of the important facets of present Brands’ — Discuss & Power
of Court to convert Summons Cases into Warrant Cases

PART -B CASE STUDY:

1. 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.

2. Mrs. Geeta is Managing Director of HEL Limited. She has been arrested for an offence covered
under Section 447 of the Companies Act, 2013 on a complaint made by the Director, Serious
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