Indian Contract Act, 1872 Quiz

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What must be secured to ensure the repayment of debentures and interest?

  • Future profit projections
  • The personal guarantee of shareholders
  • Properties or assets of the company (correct)
  • A letter of credit from a bank

What is the maximum time allowed for appointing a debenture trustee after the allotment of debentures?

  • 45 days
  • 90 days
  • 60 days (correct)
  • 30 days

What type of document must be executed to safeguard the interests of debenture holders?

  • Memorandum of Understanding
  • Loan agreement
  • Debenture deed (correct)
  • Shareholder agreement

In which scenario is the requirement to create a charge on assets of a company waived?

<p>When the debentures are issued by a Government company with a Government guarantee (D)</p> Signup and view all the answers

What types of property may be used to secure debentures by way of charge or mortgage?

<p>Any specific movable or immovable property (D)</p> Signup and view all the answers

What must the auditor report confirm about the information and explanations obtained during the audit?

<p>They were sought and obtained as needed. (B)</p> Signup and view all the answers

Which of the following is NOT a requirement stated in the auditor’s report regarding the financial statements?

<p>Agreement with the company’s internal audits. (A)</p> Signup and view all the answers

Under the Companies Act, 2013, which right does a shareholder NOT possess?

<p>The right to avoid all liabilities of the company. (C)</p> Signup and view all the answers

What does the auditor need to comment on regarding directors in their report?

<p>Any disqualification from being appointed as director. (D)</p> Signup and view all the answers

Which right allows a shareholder to appoint someone to attend the general meeting on their behalf?

<p>Right to appoint a representative for a body corporate. (B)</p> Signup and view all the answers

What must the auditor state about the management of accounts in their report?

<p>Any qualifications, reservations, or adverse remarks regarding maintenance of accounts. (C)</p> Signup and view all the answers

Which of the following is a right of a shareholder regarding company resolutions?

<p>The right to circulate a resolution. (D)</p> Signup and view all the answers

What aspect of internal financial controls must the auditor comment on?

<p>The adequacy and effectiveness of the internal controls. (B)</p> Signup and view all the answers

What is one role that management plays in establishing business ethics within a company?

<p>They set the tone for ethical behavior. (C)</p> Signup and view all the answers

Which of the following is a benefit of maintaining a strong ethical culture in an organization?

<p>Higher employee retention rates. (A)</p> Signup and view all the answers

How do business ethics affect employee decision-making?

<p>They lead to quicker and better decisions. (B)</p> Signup and view all the answers

What ultimately results from a management team that leads ethically?

<p>Improved stability and loyalty within the company. (D)</p> Signup and view all the answers

What is a consequence of running a business with a strong focus on ethics?

<p>Increased productivity and employee morale. (D)</p> Signup and view all the answers

Which aspect can be considered a vital factor for long-term business success?

<p>Management philosophy and business ethics. (D)</p> Signup and view all the answers

What is the impact of ethical behavior on company reputation?

<p>It helps build and maintain a positive reputation. (C)</p> Signup and view all the answers

What may happen to employees who work in an organization demanding high ethical standards?

<p>They may perform their duties at a higher level. (D)</p> Signup and view all the answers

What happens to a contingent contract if a specified uncertain event does not occur within the fixed time?

<p>It may be enforced by law. (B)</p> Signup and view all the answers

According to Section 150, what is a bailor required to do concerning defects in the bailed goods?

<p>Ensure the bailee is aware of any faults. (B)</p> Signup and view all the answers

What is the bailor's responsibility if he fails to disclose known faults in the bailed goods?

<p>He is liable only for damages directly arising from such faults. (D)</p> Signup and view all the answers

In which situation can a bailor be held responsible for damage arising from unsafe bailed goods, regardless of his knowledge of the defect?

<p>When the goods are bailed for hire. (B)</p> Signup and view all the answers

What standard of care must a bailee exercise over the bailed goods according to Section 151?

<p>The same care as he would take for his own goods of equivalent value. (C)</p> Signup and view all the answers

Which of the following situations results in the contingent contract becoming void?

<p>The specified event becomes impossible before the fixed time. (C)</p> Signup and view all the answers

If a bailee's goods are lost along with the bailed goods, what can be inferred about the bailee's liability?

<p>The bailee remains liable if the standard of care was not observed. (C)</p> Signup and view all the answers

Which statement is true regarding a contingent contract that becomes enforceable?

<p>It is enforceable if the event does not happen within the specified time. (B)</p> Signup and view all the answers

What is the maximum time frame in which an employee can apply for gratuity before their retirement date?

<p>30 days (D)</p> Signup and view all the answers

According to Rule 7(2), how long does a nominee typically have to apply for gratuity after it becomes payable?

<p>30 days (A)</p> Signup and view all the answers

What form must a legal heir use to apply for gratuity as stated in Rule 7(3)?

<p>Form ‘K’ (B)</p> Signup and view all the answers

What is the maximum redemption period for secured debentures issued by a company?

<p>10 years (D)</p> Signup and view all the answers

Under what condition can the employer entertain a belated application for gratuity?

<p>If sufficient cause for the delay is adduced (D)</p> Signup and view all the answers

Which types of companies are allowed to issue secured debentures for periods exceeding 10 years?

<p>Companies engaged in infrastructure projects (D)</p> Signup and view all the answers

What happens if an application for gratuity is not presented within the specified period?

<p>It can still be entertained if sufficient cause is provided (D)</p> Signup and view all the answers

What is required for an application under Rule 7(6) to be properly presented?

<p>Personal service or registered post acknowledgment (D)</p> Signup and view all the answers

What does Section 32 of The Indian Contract Act, 1872 state about contingent contracts?

<p>They cannot be enforced unless the uncertain future event occurs. (B)</p> Signup and view all the answers

What happens to a contingent contract if a future event becomes impossible according to Section 32?

<p>The contract becomes void. (A)</p> Signup and view all the answers

According to Section 33 of The Indian Contract Act, 1872, when can contracts be enforced that are contingent on an event not happening?

<p>When the event becomes impossible. (A)</p> Signup and view all the answers

What condition does Section 34 of The Indian Contract Act, 1872 outline regarding deemed impossible contracts?

<p>It shall be deemed impossible when any future action is undertaken that prevents the original condition. (B)</p> Signup and view all the answers

If A makes a contract with B to sell a horse based on C's refusal to buy, when can the contract be enforced?

<p>When C refuses to buy the horse. (A)</p> Signup and view all the answers

What does Section 35 of The Indian Contract Act, 1872 discuss regarding contracts contingent on events?

<p>They depend on a fixed time for an event's occurrence. (A)</p> Signup and view all the answers

Which of the following statements best represents the concept of breach in a contingent contract based on Section 34?

<p>A breach happens when the contract's conditions are not met due to actions taken. (D)</p> Signup and view all the answers

In a contingent contract example where A agrees to pay B if a certain ship does not return, when can A enforce the contract?

<p>When the ship sinks. (A)</p> Signup and view all the answers

Flashcards

Contingent Contract

A contract that becomes legally enforceable only when a specific future event happens.

Contingent Contract: Impossible Event

When the event that makes a contingent contract enforceable becomes impossible, the contract cannot be enforced.

Contingent Contract: Event Not Happening

A contingent contract can be enforced when the event it's tied to doesn't happen, but that event becomes impossible.

Contingent Contract: Person's Future Actions

If a contract depends on a person's future actions at an unspecified time, it becomes impossible if that person makes it impossible for those actions to happen within a reasonable time.

Signup and view all the flashcards

Contingent Contract: Time Limit

A contract contingent on an event happening within a specific time becomes void if the event doesn't happen within that time.

Signup and view all the flashcards

Indian Contract Act: Contingent Contracts

Contracts enforceable under Indian Contract Act, 1872: Section 32, 33, 34, 35

Signup and view all the flashcards

Transfer of Shares

A shareholder has the right to transfer their shares according to the company's articles of association and the Companies Act.

Signup and view all the flashcards

Shareholder Right to Inspection

Shareholders have the right to inspect the company's register of members and debenture holders, including obtaining extracts from these records.

Signup and view all the flashcards

Shareholder Participation in Meetings

Shareholders have the right to attend general meetings, obtain minutes of proceedings, and inspect the minutes.

Signup and view all the flashcards

Challenging Rights Variations

Shareholders have the right to apply to the Tribunal to challenge any changes that affect their rights.

Signup and view all the flashcards

Removing Directors

Shareholders can participate in the removal of directors through an ordinary resolution.

Signup and view all the flashcards

Business Ethics and Success

The management team's ethical practices and values create a strong foundation for business success.

Signup and view all the flashcards

Ethical Leadership's Impact

Ethical leadership sets a positive example for employees, fostering trust, stability, and better decision-making.

Signup and view all the flashcards

Benefits of Business Ethics

Ethical behavior leads to improved productivity, employee morale, and loyalty, benefiting the whole organization.

Signup and view all the flashcards

How long do employees have to apply for gratuity?

An application for gratuity must be filed within 30 days of the gratuity becoming payable, unless the employee is a legal heir, in which case the application must be filed within one year.

Signup and view all the flashcards

What is a Debenture?

A debenture is a type of debt security issued by a company to raise capital. It typically involves a promise to pay back the principal amount, along with interest payments, at a specified future date. Debentures can be secured (backed by collateral) or unsecured.

Signup and view all the flashcards

What happens if an application for gratuity is filed late?

If an application for gratuity is filed late, the employer can accept it if the applicant provides a valid reason for the delay.

Signup and view all the flashcards

What is a Charge in Debenture?

A charge is a legal right that allows a creditor (e.g., a debenture holder) to claim ownership of a specific asset (like property or equipment) owned by a company if the company defaults on its debt obligations. It acts as a security for the loan.

Signup and view all the flashcards

Who decides disputes about late gratuity applications?

The controlling authority will decide any dispute about a late application for gratuity.

Signup and view all the flashcards

What is the maximum redemption period for secured debentures?

Secured debentures can be issued by companies, and the maximum redemption period is 10 years.

Signup and view all the flashcards

Who is a Debenture Trustee?

A debenture trustee is a third-party appointed to protect the interests of debenture holders and ensure the company complies with the terms of the debenture agreement. They act as a watchdog for the debt holders.

Signup and view all the flashcards

What is a Debenture Deed?

A debenture deed is a legal document that outlines the terms and conditions of the debentures (e.g., interest rates, repayment terms, rights of debenture holders). It lays the groundwork for the relationship between the company and the debt holders.

Signup and view all the flashcards

Which companies can issue secured debentures with a redemption period longer than 10 years?

Companies engaged in infrastructure projects, Infrastructure Finance Companies, and Infrastructure Debt Fund Non-Banking Financial Companies are allowed to issue secured debentures with a redemption period longer than 10 years, but not exceeding 30 years.

Signup and view all the flashcards

Which rules govern the issuance of secured debentures?

The Companies (Share Capital and Debentures) Rules, 2014 set out the conditions for issuing secured debentures.

Signup and view all the flashcards

Who is Disqualified from being a Director?

Section 164 of the 2013 Companies Act lists specific reasons why a person may not be eligible to serve as a director on a company's board. These disqualifications could be due to financial issues, criminal convictions, or other factors deemed to be detrimental to the company's interests.

Signup and view all the flashcards

What are the conditions for issuing secured debentures?

The conditions for issuing secured debentures include the redemption date, the type of company issuing the debenture, and other factors.

Signup and view all the flashcards

Internal Control Systems

The auditor's report must explicitly state whether the company maintains adequate internal financial control systems related to financial statements and how effective these controls are.

Signup and view all the flashcards

Auditor's Reservations & Qualifications

The report should outline any reservations, qualifications, or negative comments regarding the accuracy of accounts maintained by the company.

Signup and view all the flashcards

Financial Statements Agreement

The auditors must confirm that the financial statements, like the balance sheet and profit & loss account, align accurately with the company's books and records.

Signup and view all the flashcards

Compliance with Accounting Standards

The auditor's role is to ensure the company follows accounting standards; the report needs to state their opinion on whether these standards are adhered to.

Signup and view all the flashcards

Shareholder Right to Call EGM

Shareholders possess the right to call for an extraordinary general meeting (EGM) of the company.

Signup and view all the flashcards

Shareholder Right to Meeting Notice

One of the rights of shareholders is to receive official notification of any general meetings.

Signup and view all the flashcards

Corporate Shareholder Representation

Shareholders have the right to appoint a representative to attend a general meeting if they are a corporate body.

Signup and view all the flashcards

Shareholder Right to Propose Resolutions

Shareholders have the right to propose resolutions for the company to consider.

Signup and view all the flashcards

Contingent Contract: Void if Event Doesn't Occur

A contingent contract is void if the uncertain event does not occur within the fixed time. The contract is void even if the event becomes impossible before the fixed time.

Signup and view all the flashcards

Contingent Contract: Enforceable if Event Fails

A contingent contract can be enforced if the uncertain event does not happen within the fixed time, or if it becomes certain that the event will not happen before the time expires.

Signup and view all the flashcards

Bailor's Duty: Disclosure of Faults

A bailor is responsible for disclosing any faults in the goods that could harm the bailee. Failure to do so can result in the bailor being held accountable for damages caused by those faults.

Signup and view all the flashcards

Bailor's Responsibility: Loss due to Undisclosed Faults

If the bailor fails to disclose faults in the goods, and these faults lead to loss or damage for the bailee, the bailor is responsible for the loss or damage.

Signup and view all the flashcards

Bailor's Liability: Faults in Rented Goods

A bailor is responsible for damages caused by faults in the goods, even if they were not aware of the faults, if the goods are rented for a fee.

Signup and view all the flashcards

Bailee's Duty: Reasonable Care

A bailee must take reasonable care of the goods as if they were their own, considering the size, quality, and value of the goods.

Signup and view all the flashcards

Bailee's Liability: Failure to Exercise Care

If a bailee fails to meet the standard of care required by law and the goods are lost, the bailee is still liable, even if the goods belonged to the bailee themselves.

Signup and view all the flashcards

Case Law: Nagalinga Chettiyar v. Kayarohana Chettiyar

The case of Nagalinga Chettiyar v. Kayarohana Chettiyar established that a bailee cannot escape liability simply because their own goods were lost along with the bailed goods.

Signup and view all the flashcards

Study Notes

Indian Contract Act, 1872

  • Contingent contracts: These contracts depend on an uncertain future event. Enforcement only happens if the event occurs. If the event becomes impossible, the contract becomes void.
  • Examples of contingent contracts: A contract to sell a horse if a third party refuses to buy it. A contract for payment if a ship doesn't return.
  • Section 33: Contingent contracts to do or not do something if an uncertain event doesn't happen can be enforced when the event's happening becomes impossible.
  • Section 34: If a future event is when a person will act at an unspecified time, the event is considered impossible when that person does something making their action at the specified time impossible.
  • Section 35: Contingent contracts to do or not do something, if a specified uncertain event happens within a fixed time, become void if the event doesn't happen within that time.

Bailor's Duty in Bailment

  • Section 150: A bailor (person giving something to be taken care of) is obligated to disclose known defects in the goods that materially affect use or expose the bailee (person receiving goods) to risks. If the bailor fails to disclose and damage occurs, they are responsible for the damage directly arising from the defect.
  • Liability for hire: If goods are bailed for hire, the bailor, whether aware of defects or not, is liable for any damage to the bailee directly arising from those defects.
  • Examples: A lends a vicious horse to B without disclosure, and the horse injures B. A is liable for the resulting damages.

Negotiation vs. Assignment of Instruments

  • Negotiation: Presumption of consideration until proven otherwise. A transferee (holder of instrument) becomes a holder in due course who takes the instrument free from defects. Notice of transfer not required. By delivery in the case of instruments payable to bearer; or delivery and endorsement for those payable to order. Transferee can sue a third party.
  • Assignment: Consideration must be proven. Assignee's title is subject to defenses and equities between original parties. Notice of assignment required. Effected only by writing. Assignee can't sue a third party directly.

Factories Act, 1948

  • Section 8: Power to appoint inspectors. The state government can appoint inspectors with specific qualifications. Specific local limits may be assigned.
  • Section 9: Inspector's powers: inspect work places, conduct investigations related to accidents, accidents and injuries, require documentation production, seize documents, and take possession of items.

Payment of Gratuity Act, 1972

  • Applications for Gratuity: Rules dictate how applications are made (forms, timeframes, etc) by employee, nominee or legal heir.
  • Belated Applications: An application can be entertained even if made after the time limit. The applicant must provide evidence of sufficient cause.

Companies Act, 2013

  • Section 164: Qualifying criteria for directors. Prohibits directors who have been declared unsound, an undischarged insolvent, convicted or under other certain circumstances. A person might also be disqualified by specific provisions in the company's articles.
  • Section 12: Criteria for determining a "sound mind" for a contract. The person must be capable of understanding the agreement and making rational judgments about its impact on their interests.
  • Debentures: The Act dictates terms associated with secured debentures (like length of time to repay & how security is given)

Business Ethics

  • Management's role: Management sets the ethical tone for the entire company influencing employees, attracting and retaining talent, and building a strong reputation.
  • Employee behavior: Employees working in an ethical atmosphere are more productive, decisions are made more efficiently, and overall morale increases. Loyalty and adherence to high standards are common outcomes.

Emotional Intelligence

  • Impact on performance: High emotional intelligence benefits careers by helping people navigate social situations and lead/motivate others in the workplace. It's often considered an important skill, alongside technical ability, by companies screening job candidates.
  • Impact on physical health: Poorly managed emotions & stress increase risk factors like blood pressure, infertility, heart conditions, and other health issues. Managing stress is often essential for a healthy mind & body.
  • Impact on mental health: Unmanaged emotions/stress increase the likelihood of anxiety and depression related issues. Healthy emotional management and understanding of personal emotions leads to stronger relationships and greater wellbeing.
  • Relationship building: Understanding and managing personal emotions lead to more effective and meaningful relationships, both at work & in personal life.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

More Like This

Contingencies and Contracts Quiz
3 questions
Contingent Contract Enforcement Quiz
3 questions
Contingent Contracts Quiz
5 questions

Contingent Contracts Quiz

EverlastingWetland avatar
EverlastingWetland
Use Quizgecko on...
Browser
Browser