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Test: Prevention of Oppression & mismanagement - B Com MCQ


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10 Questions MCQ Test Company Law - Test: Prevention of Oppression & mismanagement

Test: Prevention of Oppression & mismanagement for B Com 2024 is part of Company Law preparation. The Test: Prevention of Oppression & mismanagement questions and answers have been prepared according to the B Com exam syllabus.The Test: Prevention of Oppression & mismanagement MCQs are made for B Com 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Prevention of Oppression & mismanagement below.
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Test: Prevention of Oppression & mismanagement - Question 1

What is the primary purpose of Sections 241 and 242 of the Companies Act, 2013?

Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 1
Sections 241 and 242 of the Companies Act, 2013 deal with the prevention of oppression and mismanagement in a company. These sections provide a legal remedy for shareholders who believe that the company's affairs are being conducted in a manner prejudicial to their interests or the interests of the company as a whole. The primary purpose is to prevent unfair or oppressive conduct and to regulate the management of a company.
Test: Prevention of Oppression & mismanagement - Question 2

In the context of Section 241, what constitutes "oppression" as per Lord Cooper's explanation?

Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 2
As per Lord Cooper's explanation, "oppression" involves conduct that results in unjust or harsh burdens being placed on minority shareholders. It refers to actions that depart from the standards of fair dealing, causing unfair treatment to shareholders who entrust their money to the company.
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Test: Prevention of Oppression & mismanagement - Question 3

Under which circumstance can the Central Government apply to the Tribunal under Section 241?

Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 3
The Central Government can apply to the Tribunal under Section 241 if it is of the opinion that the company's affairs are being conducted in a manner prejudicial to public interest. This provision allows the government to intervene if the company's actions are harmful to the larger public interest.
Test: Prevention of Oppression & mismanagement - Question 4
Which of the following is not a power granted to the Tribunal under Section 242?
Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 4
Section 242 grants various powers to the Tribunal, such as appointing directors, regulating company affairs, changing management agreements, and more. However, approving a change in the company's registered office is not mentioned as one of the powers under Section 242.
Test: Prevention of Oppression & mismanagement - Question 5
What is the consequence of an order under Section 242 that alters the memorandum or articles of a company?
Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 5
When an order under Section 242 alters the memorandum or articles of a company, the company's power to alter them without the leave of the Tribunal is restricted. The company must obtain permission from the Tribunal to make any further alterations inconsistent with the order.
Test: Prevention of Oppression & mismanagement - Question 6
Under Section 243, what is the consequence of an order terminating or modifying an agreement?
Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 6
An order under Section 243 that terminates or modifies an agreement results in the agreement becoming void and unenforceable. It prevents claims against the company for damages or compensation arising from the terminated or modified agreement.
Test: Prevention of Oppression & mismanagement - Question 7
What is the primary purpose of a "class action" suit under Section 245?
Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 7
The primary purpose of a "class action" suit under Section 245 is to allow a group of members or depositors to seek relief on behalf of the entire class. This provision enables collective action against the company for actions that are prejudicial to the interests of the members or depositors as a whole.
Test: Prevention of Oppression & mismanagement - Question 8
What is the liability of an audit firm and its partners under Section 245?
Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 8
Under Section 245, both the audit firm and its partners involved in making improper or misleading statements in the audit report or acting fraudulently are liable. This provision holds the firm and its partners accountable for their actions in such cases.
Test: Prevention of Oppression & mismanagement - Question 9
What is the condition for members or depositors to file an application under Section 245?
Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 9
Members or depositors can file an application under Section 245 if they believe that the management's actions are prejudicial to the company's interests. No specific condition is mentioned, although the section outlines the requisite number of members or depositors needed for the application.
Test: Prevention of Oppression & mismanagement - Question 10
What is the consequence if a company fails to comply with an order passed under Section 245?
Detailed Solution for Test: Prevention of Oppression & mismanagement - Question 10
If a company fails to comply with an order passed under Section 245, the company will be punishable with a fine ranging from five lakh rupees to twenty-five lakh rupees. Additionally, officers of the company who are in default may face imprisonment for a term up to three years and a fine ranging from twenty-five thousand rupees to one lakh rupees.
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