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MCQs on Company Act Part 4

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Q.1:- The Tribunal and the Appellate Tribunal shall not, while disposing of any proceeding before it or, as the case may be, an appeal before it, be bound by the procedure laid down in:

  • The Indian Evidence Act, 1872
  • The Code of Civil Procedure, 1908
  • The Criminal Procedure Code, 1973
  • The Indian Penal Code, 1860
Check Answer

Correct Option: B

Q.2:- What is the sitting hours of the Tribunal ordinarily:

  • From 10:30 AM to 1: 00 PM and 2:00 P.M. to 4:30 PM subject to any order made by the President.
  • From 11:30 AM to 1: 00 PM and 2:00 P.M. to 05:30 PM subject to any order made by the President.
  • From 08:30 AM to 1: 00 PM and 2:00 P.M. to 02:30 PM subject to any order made by the President.
  • From 09:30 AM to 1: 00 PM and 2:00 P.M. to 03:30 PM subject to any order made by the President.
Check Answer

Correct Option: A

Q.3:- The deposition of a witness shall be recorded in which Form:

  • Form NCLAT-6
  • Form NCLAT-8
  • Form NCLAT-5
  • Form NCLAT-7
Check Answer

Correct Option: D

Q.4:- Punishment where 1 no specific penalty or punishment is provided the company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to:

  • Fifteen thousand rupees
  • Ten thousand rupees
  • Seven thousand rupees
  • Five thousand rupees
Check Answer

Correct Option: B

Q.5:- Where the fraud involves public interest, the term of imprisonment:

  • Shall not be less than three years
  • Shall not be less than four years
  • Shall not be less than two years
  • Shall not be less than one years
Check Answer

Correct Option: A

Q.6:- What is the punishment for improper use of “Limited” or “Private Limited”:

  • Not less than three hundred rupees but may extend to two thousand rupees for every day for which that name or title has been used
  • Not less than five hundred rupees but may extend to two thousand rupees for every day for which that name or title has been used
  • Not less than ten hundred rupees but may extend to two thousand rupees for every day for which that name or title has been used
  • Not less than one hundred rupees but may extend to two thousand rupees for every day for which that name or title has been used
Check Answer

Correct Option: B

Q.7:- Any person intentionally gives false evidence, be shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend to:

  • Seven lakh rupees
  • Five lakh rupees
  • Ten lakh rupees.
  • One lakh rupees
Check Answer

Correct Option: C

Q.8:- A person shall NOT be qualified for being empanelled as mediator or conciliator if he:

  • is or has been a professional for at least ten years of continuous practice as Chartered Accountant or Cost Accountant or Company Secretary
  • has been a District and Sessions Judge;
  • has been a Judge of the Supreme Court of India
  • has been a Judge of a High Court
Check Answer

Correct Option: A

Q.9:- The person conducting a prosecution before a Special Court shall be deemed to be:

  • An Insolvency Professional
  • An Advocate
  • None of the above
  • A Public Prosecutor
Check Answer

Correct Option: D

Q.10:- The Central Government may appoint one or more persons ___________for the conduct of prosecutions arising out of this Act:

  • as Chartered Accountant
  • as Company Prosecutors
  • as Cost Accountant
  • as Company Secretary
Check Answer

Correct Option: B

Q.11:- For the purpose of providing speedy trial of offences under the Companies Act, who have the powers to establish or designate as many Special Courts:

  • The Supreme Court
  • The National Company Law Appellate Tribunal
  • The Central Government
  • The High Court
Check Answer

Correct Option: C

Q.12:- How many copies the appellant or petitioner or applicant or respondent shall file before the NCLAT:

  • Three authenticated copies
  • One authenticated copy
  • Four authenticated copies
  • Two authenticated copies
Check Answer

Correct Option: B

Q.13:- In which Form the certified copy of the order passed by the Tribunal shall be filed by the company with the Registrar of Companies:

  • Form INC-24
  • Form INC-28
  • Form INC-22
  • Form INC-26
Check Answer

Correct Option: B

Q.14:- For execution of order passed by the Tribunal, the holder of an order shall make an application to the Tribunal in:

  • Form NCLT.7
  • Form NCLT.9
  • Form NCLT.6
  • Form NCLT.8
Check Answer

Correct Option: D

Q.15:- Who shall have the custody of records of the Appellate Tribunal:

  • The Registrar
  • The Chairperson of IBB1
  • The Chairperson of the NCLAT
  • The Chief Justice of the Supreme Court
Check Answer

Correct Option: A

Q.16:- How the fee and process fee shall be deposited in NCLAT:

  • By Indian postal Order favouring the Pay and Accounts Officer, Ministry of Corporate Affairs, payable at New Delhi.
  • By separate demand draft favouring the Pay and Accounts Office, Ministry of Corporate Affairs, Payable at New Delhi
  • By paying cash at the cash counter of NCLAT
  • Only A and B are correct.
Check Answer

Correct Option: D

Q.17:- Who shall decided the calendar of days of working of Appellate Tribunal in a year:

  • It shall be as decided by the Central government
  • It shall be as decided by the Chairperson and Members of the Appellate Tribunal.
  • It shall be as decided by the Chairperson of the Appellate Tribunal.
  • It shall be as decided by the Members of the Appellate Tribunal.
Check Answer

Correct Option: B

Q.18:- In which form an authorised representative desirous of registering his intern shall make a petition or an application to the Registrar:

  • Form No. NCLT.1l
  • Form No. NCLT. 12
  • Form No. NCLT. 10
  • Form No. NCLT. 13
Check Answer

Correct Option: C

Q.19:- Every petition or application or reference shall be filed in form as provided in with attachments thereto accompanied by

  • Form No. NCLT. 3/Form No NCLT.4
  • Form No. NCLT. 2/Form No NCLT.3
  • Form No. NCLT. 4/Form No NCLT.5
  • Form No. NCLT. 1/Form No NCLT.2
Check Answer

Correct Option: D

Q.20:- The Filing Counter of the Registry at Tribunal shall be open on all working days:

  • From 10.30 AM to 5.00 P.M.
  • From 11.00 AM to 05.30 P.M.
  • From 11.30 AM to 06.00 P.M.
  • From 10.00 AM to 04.30 P.M.
Check Answer

Correct Option: A

Q.21:- Any person intentionally gives false evidence, be shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend to:

  • Ten lakh rupees.
  • Seven lakh rupees
  • Five lakh rupees
  • One lakh rupees
Check Answer

Correct Option: A

Q.22:- A person who intends to get empanelled as mediator or conciliator and possesses the requisite qualifications shall apply to the Regional Director in form:

  • MDC-2
  • MDC-4
  • MDC-1
  • MDC-3
Check Answer

Correct Option: C

Q.23:- A person shall NOT be disqualified for being empanelled as mediator or conciliator, if he:

  • has been removed or dismissed from the service of the Government or the Corporation owned or controlled by the Government
  • is an discharged insolvent or has applied to be adjudicated as an insolvent and his application in pending
  • has been punished in any disciplinary proceeding, by the appropriate disciplinary authority
  • has been convicted for an offence which, in the opinion of the Central Government, involves moral turpitude
Check Answer

Correct Option: B

Q.24:- The panel of mediators or conciliators prepared by the Regional Director shall be placed on the website of:

  • The Registrar of Companies
  • The Insolvency Professional Agency
  • The Ministry of Corporate Affairs
  • The Insolvency and Bankruptcy Board of India
Check Answer

Correct Option: C

Q.25:- For the purpose of providing speedy trial of offences under the Companies Act, who have the powers to establish or designate as many Special Courts:

  • The National Company Law Appellate Tribunal
  • The High Court
  • The Supreme Court
  • The Central Government
Check Answer

Correct Option: D

Q.26:- The Central Government may appoint one or more persons ___________for the conduct of prosecutions arising out of this Act:

  • as Company Prosecutors
  • as Company Secretary
  • as Cost Accountant
  • as Chartered Accountant
Check Answer

Correct Option: A

Q.27:- At the time of referring the matter to the mediation or conciliation, ________may fix the fee of the mediator or conciliator and as far as possible, a consolidated sum may be fixed rather than for each session or meeting:

  • The Appellate Tribunal
  • The Central Government or the Tribunal or the Appellate Tribunal as the case may be
  • The Central Government
  • The Tribunal
Check Answer

Correct Option: B

Q.28:- It shall be the duty of a mediator or conciliator to disclose to __________ about any circumstances which may give rise to a reasonable doubt as to his independence or impartiality in carrying out his functions.

  • The Tribunal
  • The Appellate tribunal
  • The Central Government
  • Either A or B or C as the case may be
Check Answer

Correct Option: D

Q.29:- The person conducting a prosecution before a Special Court shall be deemed to be:

  • An Advocate
  • An Insolvency Professional
  • A Public Prosecutor
  • None of the above
Check Answer

Correct Option: C

Q.30:- The provisions of section 250 of the Code of Criminal Procedure, 1973 shall apply mutatis mutandis to compensation for accusation without reasonable cause before:

  • The Court of Session
  • The Special Court
  • None of the above
  • Either A or B
Check Answer

Correct Option: D

Q.31:- The Appellate Tribunal may, suo motu, issue summons for production of public document or other documents in the custody of a public officer in which Form:

  • Form NCLAT-6
  • Form NCLAT-4
  • Form NCLAT-7
  • Form NCLAT-5
Check Answer

Correct Option: A

Q.32:- Who shall decided the calendar of days of working of Appellate Tribunal in a year:

  • It shall be as decided by the Chairperson and Members of the Appellate Tribunal.
  • It shall be as decided by the Central government
  • It shall be as decided by the Members of the Appellate Tribunal
  • It shall be as decided by the Chairperson of the Appellate Tribunal.
Check Answer

Correct Option: A

Q.33:- Every affidavit to be filed before the Tribunal shall be in:

  • Form No. NCLT.8.
  • Form No. NCLT.7
  • Form No. NCLT.5
  • Form No. NCLT.6
Check Answer

Correct Option: B

Q.34:- In which language the appeal or petition or application or caveat petition or objection or counter presented to the Tribunal shall be:

  • In English
  • In case it is in some other Indian language, it shall be accompanied by a copy translated in English.
  • In Hindi or any other regional language
  • Only A and B are correct.
Check Answer

Correct Option: D

Q.35:- The President, Members, officers and other employees of the Tribunal and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed to be:

  • Government servants within the meaning of section 21 of the Indian Penal Code.
  • Public servants within the meaning of section 21 of the Indian Penal Code.
  • Public servants within the meaning of section 21 of the Indian Penal Code.
  • None of the above.
Check Answer

Correct Option: B

Q.36:- How the President, the Chairperson or any Member may, resign from his office:

  • By notice in writing under his hand addressed to the Central Government, resign from his office.
  • By notice in writing under his hand addressed to the Chairperson of the IBBI, resign from his office.
  • By notice in writing under his hand addressed to the Chief Justice of Supreme Court, resign from his office
  • By notice in writing under his hand addressed to the President of India, resign from his office.
Check Answer

Correct Option: A

Q.37:- How many members may be in the National Company Law Appellate Tribunal consisting of a Chairperson and such number of Judicial and Technical Members:

  • Not exceeding 13.
  • Not exceeding 12.
  • Not exceeding 10.
  • Not exceeding 11
Check Answer

Correct Option: D

Q.38:- How many copies the appellant or petitioner or applicant or respondent shall file before the NCLAT:

  • Four authenticated copies
  • Three authenticated copies
  • One authenticated copy
  • Two authenticated copies
Check Answer

Correct Option: C

Q.39:- How the fee and process fee shall be deposited in NCLAT:

  • By paying cash at the cash counter of NCLAT
  • By separate demand draft favouring the Pay and Accounts Office, Ministry of Corporate Affairs, Payable at New Delhi
  • By Indian postal Order favouring the Pay and Accounts Officer, Ministry of Corporate Affairs, payable at New Delhi
  • Only B and C are correct.
Check Answer

Correct Option: D

Q.40:- The Chairperson or a Member of the Appellate Tribunal shall hold office as such from the date on which he enters upon his office, but shall be eligible for re-appointment

  • For a term of 4 years/for another term of 4 years
  • For a term of 5 years/for another term of 5 years
  • For a term of 2 years/for another term of 2 years
  • For a term of 3 years/for another term of 3 years
Check Answer

Correct Option: B

Q.41:- Where the Principal Bench of the Tribunal shall be situated:

  • At Mumbai
  • At Chennai
  • At New Delhi.
  • At Kolkata
Check Answer

Correct Option: C

Q.42:- In the case of an order against a company made by the Tribunal or the Appellate Tribunal, in which court, the execution of its orders shall be made:

  • Where the Head Office of the company is situated.
  • Where the Corporate Office of the company is situated.
  • Where the Promotes of the company resides.
  • Where the Registered Office of the company is situated.
Check Answer

Correct Option: D

Q.43:- When an urgent matter filed before 12 noon shall be listed before the Tribunal:

  • on the next to next working day
  • on the same working day
  • As per the discretion of the Tribunal
  • on the following working day
Check Answer

Correct Option: D

Q.44:- Every appeal or petition or application or caveat petition or objection or counter presented to the Tribunal shall bear date:

  • Gregorian Calendar
  • Where Saka or other dates are used, corresponding dates of Gregorian Calendar shall also be given.
  • Vikram Samwat
  • Only A and B are correct.
Check Answer

Correct Option: D

Q.45:- The Bench Officer or the Court Officer, as the case may be, of the Tribunal shall administer the following oath to a witness:

  • I do swear in the name of Lord Mahavira/solemnly affirm that what 1 shall state shall be the truth and nothing but the truth.
  • I do swear in the name of God/solemnly affirm that what I shall state shall be the truth and nothing but the truth.
  • I do swear in the name of Lord Ram/solemnly affirm that what I shall state shall be the truth and nothing but the truth.
  • I do swear in the name of Wahe Guru/solemnly affirm that what I shall state shall be the truth and nothing but the truth.
Check Answer

Correct Option: B

Q.46:- How the documents when produced in the Tribunal, shall be marked:

  • By the appellant’s or petitioner’s side as ‘C’ series, by the respondent’s side as ‘A’ series and the Tribunal exhibits as ‘C’ series.
  • By the appellant’s or petitioner’s side as ‘A’ series, by the respondent’s side as ‘C’ series and the Tribunal exhibits as ‘B’ series.
  • By the appellant’s or petitioner’s side as ‘B’ series, by the respondent’s side as ‘B’ series and the Tribunal exhibits as ‘C’ series.
  • By the appellant’s or petitioner’s side as ‘A’ series, by the respondent’s side as ‘B’ series and the Tribunal exhibits as ‘C’ series.
Check Answer

Correct Option: D

Q.47:- The office of the Appellate Tribunal shall remain open on all working days from:

  • 09:30 A.M. to 6:00 P.M.
  • 10:00 A.M. to 06:30 P.M.
  • 08:30 A.M. to 05:00 P.M.
  • 09:00 A.M. to 05:30 P.M.
Check Answer

Correct Option: A

Q.48:- Any officer or other employee of the company who fails to comply with any order made by the Tribunal or the Regional Director shall be punishable with imprisonment for a term which may extend to:

  • Nine months, or with fine not exceeding one lakh rupees, or with both.
  • Twelve months, or with fine not exceeding one lakh rupees, or with both.
  • Three months, or with fine not exceeding prie lakh rupees, or with both.
  • Six months, or with fine not exceeding one lakh rupees, or with both.
Check Answer

Correct Option: D

Q.49:- Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence which is punishable under the Companies Act, 2013 with imprisonment only or with imprisonment and also with fine:

  • May be compoundable
  • May not be compoundable
  • Shall not be compoundable
  • Shall be compoundable
Check Answer

Correct Option: C

Q.50:- A person shall NOT be qualified for being empanelled as mediator or conciliator if he:

  • is or has been a professional for at least ten years of continuous practice as Chartered Accountant or Cost Accountant or Company Secretary
  • has been a Judge of the Supreme Court of India
  • has been a Judge of a High Court
  • has been a District and Sessions Judge;
Check Answer

Correct Option: A