Multi Choice Question ( MCQ) Drafting Pleadings and Appearances
Ques1: Which authority supervise the working of ROC located in different locations in the country?
Answer: Regional Directors
The Regional Directors supervise the working of the offices of the Registrars of Companies and Official Liquidators located in different locations in the country.
Ques 2: what is the fees to file an appeal to the Appellate Tribunal where the total income of the Assessee as computed by the Assessing officer is the One hundred thousand rupees or Less?
Answer: Rs 500
Reason: (a) where the total income of the assessee as computed by the Assessing Officer, in the case to which the appeal relates, is one hundred thousand rupees or less, five hundred rupees,
(b) where the total income of the assessee, computed as aforesaid, in the case to which the appeal relates is more than one hundred thousand rupees but not more than two hundred thousand rupees, one thousand five hundred rupees,
(c) where the total income of the assessee, computed as aforesaid, in the case to which the appeal relates is more than two hundred thousand rupees, one per cent of the assessed income, subject to a maximum of ten thousand rupees,
(d) where the subject matter of an appeal relates to any matter, other than those specified in clauses (a), (b) and (c), five hundred rupees.
Ques 3: In Case any Director requires his views or opinion on a particular item to be recorded verbatim in the minutes, then:
Answer: the decision of the Chairman whether or not to do so shall be final.
Reason: In case any Director requires his views or opinion on a particular item to be recorded verbatim in the Minutes, the decision of the Chairman whether or not to do so shall be final.
Ques4: Which one of the following is not an Invitation Etiquette?
Answer: Keep your Conversations short and to the Point.
Reason: How you respond to an invitation says volumes about your social skills. It reflects negatively on your manners if your response (or lack of response) to an invitation costs time or money for your host.
- Reply by the date given in the invitation, so that the host or hostess knows what kind of arrangements to make for the event, food is not wasted, and unnecessary expense is eliminated.
- If an RSVP card is not included, respond by calling or sending a brief note.
- If you cancel after initially accepting an invitation, phone your regrets as soon as possible. Send a note of regret following the phone conversation.
- Don’t ask for permission to bring a guest unless the invitation states.
- Arrive at the event promptly, but not too early.
- Mingle and converse with the other guests.
- Don’t overstay your welcome.
- Extend your thanks as you leave.
Ques 5: In case of an English Mortgage, a receiver may be appointed by the_________?
Answer: mortgagee.
Reason: Any person who has been named in the mortgage deed and is willing and able to act as a Receiver may be appointed by a mortgagee.
Ques 6: a sworn statement in writing made specially under oath before an authorized officer?
Answer: An affidavit
Ques 7: A deed between two or more parties where as many copies are made as there are parties, so that each may be in a possession of a copy.
Answer: This arrangement is known as deed pool.
Ques 8: If the case is being tried in a summary way, a person cannot be awarded a punishment of imprisonment for more than
Answer: three months
Ques 9: Sale deed is an example of:
Answer: Conveyancing
Ques 10: “an instrument in writing (not being a bank note or a currency note) containing an unconditional undertaking, signed by the maker to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument”.
Answer: Promissory Note
Reason: Promissory note is one of the negotiable instruments recognized under the Negotiable Instruments Act, 1881. A “promissory note” is defined under Section 4 of the Negotiable Instruments Act, 1881
Ques 11:Mr. Anand is usually of unsound mind, but occasionally of sound mind, may
Answer: make a contract when he is of sound mind.
Reason: Section 12 of the Indian Contract Act, 1872, provides that a person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgement as to its effect upon his interests. A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.
Ques: 12 Upon expiration or earlier termination of the lease,
Answer: Lessee shall deliver to the Lessor the said Equipment
Reason: SURRENDER: Upon expiration or earlier termination of the lease, Lessee shall deliver to the Lessor the said Equipment at such a place as Lessor may specify in good repairable condition and working order, normal wear and tear resulting from the proper use of the Equipment and damage by fire not caused by the negligence of the Lessee shall be excepted.
Ques 13: As per ICSI guidelines for professional dress for Female while appearing before judicial/quasi-judicial bodies and tribunals
Answer: The professional dress for female members will be saree or any other dress of a sober colour with a navy blue jacket
Reason: To enhance the visibility and brand building of the profession and ensuring uniformity, the Council of the Institute of Company Secretaries of India has prescribed the following guidelines for professional dress for members while appearing before judicial/quasi-judicial bodies and tribunals:
(a) The professional dress for male members will be navy blue suit and white shirt with a tie (preferably of the ICSI) or navy blue buttoned-up coat over a pant or a navy blue safari suit.
(b) The professional dress for female members will be saree or any other dress of a sober colour with a navy blue jacket.
(c) Members in employment may wear the dress/uniform as specified by the employer for all employees or if allowed the aforesaid professional dress.
(d) Practising Company Secretaries appearing before any tribunal or quasi-judicial body should adhere to dress code if any prescribed for appearing before such tribunal or quasi-judicial body or if allowed the aforesaid professional dress.
Ques 14. a lessee is deemed to have defaulted if?
Answer: he fails to pay any instalment of Lease rental
Ques 15. which of the following statements is true in case of ‘equitable mortgage’?
Answer: Mortgage by deposit of title deeds is called in English law as equitable mortgage
Ques 16. The only exception to the third fundamental rule of pleadings is to be found in the case of
Answer: writ petitions and election-petitions.
In such petitions, it is necessary to state matters of evidence in support of the allegations made therein.
Reason: The four fundamental rules of pleadings are:
1) That a pleading shall contain, only a statement of facts, and not Law;
2) That a pleading shall contain all material facts and material facts only.
3) That a pleading shall state only the facts on which the party pleading relies and not the evidence by which they are to be proved,
4) That a pleading shall state such material facts concisely, but with precision and certainty.
Ques 17. SS-2 applicable to all the companies exempt
Answer: Small companies
Ques 18. In case of a Government company, the Annual General Meeting shall be held at its registered office or any other place
Answer: with the approval of the Central Government, as may be required in this behalf.
Ques 19. Order VI Rule 14 makes it obligatory that the pleading shall be signed by the party and his pleader (if any). exception
Answer: Pleading must be Signed. However, where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf.
Ques 20. In a simple mortgage, the mortgagor ———————————of the mortgaged property
Answer: without delivering possession
Reason: binds himself personally to pay the mortgage money and agrees expressly or impliedly that if he fails to pay the debt and interest in terms of the mortgage deed, the property will be sold and the proceeds applied in payment of the mortgaged money
Ques 21. Minutes of the preceding Meeting shall be noted at a Meeting of the Board held
Answer: immediately following the date of entry of such Minutes in the Minutes Book.
Ques 22. As per Section 4(1) (b), the memorandum of the company should mention the_________ in which the registered office of the company is to be situated;
Answer: State
Ques 23. e contract through people purchase online goods through amazon, flipkart etc. are called?
Answer: online shopping agreement
Ques 24. what is not necessary for passing of a Resolution by circulation by Board of director’s?
Answer: necessary papers which explain the purpose of the resolution
Ques 25. In the case of a company mortgage of the property should be duly authorised by
Answer: ‘Object Clause’ of the Memorandum of Association
Reason: In the case of a company mortgage of the property should be duly authorised by ‘Object Clause’ of the Memorandum of Association and approved by a resolution of the Board of directors
Ques 26. Board of Director’s meeting can be convened even on Sunday and national holiday too. Even a meeting of Board of Director’s adjourned for want of quorum can be held on national holiday.
Answer: No restrictions
Ques 27. Under Section 154 of the Code of Criminal Procedure, FIR stands for _________?
Answer: First Information Report
Ques 28: In which of the following circumstances, the hire purchase agreement shall be voidable at the option of the owner?
- If it is not in writing
- If it not signed by all the parties thereto.
- If it is associated with a contract of guarantee, it is signed by all the parties except surety.
- If it is not associated with a contract of guarantee.
Answer : If it is associated with a contract of guarantee, it is signed by all the parties except surety.
Ques 29: The Statement that “ objectives for which the property is being purchased by the buyer should be lawful” implies:
- Object is not forbidden by law
- Object is not fraudulent
- Object does not impart injury to the person
- All of the above
Answer: Object is not forbidden by law
Ques 30: A married woman can execute Power of Attorney:
- By a non-testamentary instrument only as if she were unmarried
- Only for executing non-testamentary instrument
- For those power, as if she were unmarried, by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument
- To appoint an attorney on her behalf, for the purpose of executing any Non-testamentary instrument only
Answer : For those power, as if she were unmarried, by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument
Ques 31: immovable property does not include________.
- Standing timber
- Growing crops
- Grass
- All of the above
Answer: All of the above
Ques 32: A Bank note or currency note is
- A promissory Note
- A bill of exchange
- A cheque
- Not a promissory note
Answer : Not a promissory note
Ques 33: Which one of the following is not a good practice while drafting written pleadings?
- Quote relevant provision in the petiion and excerpts of observations made by the courts
- Suppress the facts
- Prayers for interim relief
- None of these
Answer: Quote relevant provision in the petiion and excerpts of observations made by the courts
Ques 34: Which company shalll prepare a report on Annual general Meeting in the prescribed form, including a confirmation that the meeting was convened, held and conducted as per the provisions of the Act and shall file with registrar of companies within thirty days of the conclusion of the Annual general meeting?
- Every Listed Company
- Every listed public company
- Every Public Company
- Every company to which SS-2 applies
Answer: Every company to which SS-2 applies
Ques 35: Latent deed is a deed kept for ____________ in man’s escritoire or strong box.
- Ten Years or more
- Twenty years or more
- Thirty Years or more
- Forty years or more
Answer : Twenty Years or More
Ques 36: In case of any default by the lessee, the lessor may____________.
- Take action for recovery as liquidated damages
- Terminate the lease deed upon notice to lessee
- Sell the equipment leased out
- All of the above
Answer : All of the above
Ques 37: When business is conducted by traders not directly with their counterparts but through the agency of independent agents appointed for the purpose, it is known as….
- Commercial agency contract
- Mercantile Agency Contract
- Commission Agency Contract
- Del-credere Agency Contract
Answer: Commercial agency contract
Ques 38: Which one of the foloowing is not a type of consumer forum?
- District consumer Forum
- State consumer Forum
- National Consumer Forum
- International consumer forum
Answer: International Consumer forum
Ques 39: who does the necessary preliminary work in connection with the formation and the stablishing of a company?
- Director
- Chairman
- Auditor
- Promoter
Answer: Promoter
Ques 40: As per Section 4(1)(a) of the Companies Act, 2013, in case of a Public limited company the name of the company should last with the word:
- Limited
- Public Limited
- Private Limited
- None
Answer: Limited
Ques 41: In terms of the Companies Act, 2013, The maximum period for which a person can be appointed as Managing director of a company is
- One Year
- Five Year
- Ten Year
- The companies act does not specify any time period
Answer : Five Year
Ques 42: Which of the following is operative part in Power of Attorney ?
- KNOW ALL MEN BY THESE PRESENTS
- THAT WHEREAS
- NOW THIS DEED WITNESSES THAT I APPOINT ETC
- THIS POWER OF ATTORNEY is made on the etc.
ANSWER: KNOW ALL MEN BY THESE PRESENTS
Ques 43: Presumption of Law is an exception to the rule:
- Every pleading must state facts and not law
- A Pleading shall contain all material facts and material facts only
- A Pleading shall state only the facts on which the party pleading relies and not the evidence by which they are to be proved
- A Pleading shall state such material facts concisely, but with precision and certainty
Answer : A Pleading shall state only the facts on which the party pleading relies and not the evidence by which they are to be proved
Reference : ICSI Module
www.icsi.edu
https://www.icsi.edu/e-learning/
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Multi choice questions for Human Resource Management
