Thursday, January 10, 2008

What is meant by “onerous property” in the case of a company being wound up

What is a ‘Declaration of Solvency’? When and by whom need it be filed? What would happen if the declaration of solvency is proved to be false? . [November, 1993]

9. Explain the provisions of the Companies Act, 1956 regarding overriding preferential payments. [November, 1993]

10. Under what circumstances may a company be ordered to be wound up on ‘just and equitable’ ground? [May, 19931

11. A company was formed mainly with the object of acquiring the business of a firm engaged in plying steamers. The business was acquired but later on due to serious differences between the Directors, seven out of nine steamers acquired were returned. A shareholder files a petition to the Court for the compulsory winding up of the company on the ground of loss of substratum. Would he

succeed? [May, 19931

12. Explain the nature and extent of the liability of a contributory.

[November, 19921

13. Under what circumstances may a company be wound up voluntarily? When does such a winding-up commence? What is the effect of voluntary winding-up on the status of the company? What are the requirements of the Companies Act with regard to the publication of the ‘resolution to wind up a company

voluntarily’? [May, 19921

14. Distinguish between:

(i) ‘Members’ Voluntary Winding Up and ‘Creditors’ Voluntary Winding Up’.

[November, 19921

(ii) Revival and Restoration of a dissolved company.

[November, 19921