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Company law

Sir i had a doubt in one of the model answers given by you to Question 2 of Abhyas sheet 1. What i could not understand is that according to Yoddha, NCLAT set aside the order of merger due to non registration. Then how in this case(abhyas sheet) is the appeal of RD set aside? The RD seems to be right about not allowing the merger so his appeal should stand. Please clarify,sir

Edition 2

Sir, purchased lectures of MCS and funding in January 2022, Due to some health concerns I was hospitalised and was not able to give June 2022 exam. Now when I opened lectures for MCS , they have been recorded in March 2021. I’m concerned that will these lectures be valid for December attempt as icsi has given so many Amendments since a year and half. Kindly help me out how to study this. Regards Dipti Jeevan.

IL 17

Sir as we know that even after liquidation order has passed under IBC company can be sold as a going concern,does it mean as per section 230-232 of companies act?

Exemption

Hello Sir I am your module 3 student CS Professional I got exemption in MCS but failed in Funding My query is whether I Should carry forward that exemption or should cancel it because it's quite difficult to get aggregate 100 in next attempt Please help by giving your valuable suggestion regarding this 🙏

MCS

Sir when we are writing the answer of MCS then we have to write the facts twice, once in facts and questions involved and other in applicable judgment and provisions. Sir it's necessary to write the facts in applicable judgement and provision again

MCS(Edition 3)

Sir I purchased MCS(Edition 3) in July 2022 My attempt is in June 2023 I just saw your video that students appearing in June 2023 attempt must go for MCS(Edition 4) Now I want to know whether MCS(Edition 3) is totally irrelevant for June 2023 or not? I know I'll have to do some amendments and I'm totally fine with that But I want to know whether major content is same or different between MCS (Edition 3) or (Edition 4)? If 70%-80% content is same then I can continue with Edition 3 or else I'll have to book lectures for Edition 4

Purchased edition 2.2 appearing in dec 22

Hello sir, I have MDC and funding lec and books of 2.2 and I am appearing in dec 22. Can u please say if I should hear and study with 2.2 or should purchase edition 3 for MDC and funding ?

MDC Book to carry for dec 22 edition 2.2 or 3?

Hello sir, should I have MDC Book edition 2.2. should i carry 2.2 or edition 3?

CL 20

Sir as per the case law Jindal steel and power limited vs arun kumar jagatramka and ors (NCLAT) It was held that promoters cannot file a petition under section 230 to 232 during the liquidation So sir if there is an arrangement entered between promoters and creditors and petition is filed by creditors under these section is this allowed Despite of fact that promoters are party to the arrangement ??

I 5 Ed. 4

sir, if there is no agreement between landowner & tenant then tenant kis basis of evidence pe suit file karega for title of land .

Question 23 of Abhyas sheet 2

Both model answers have different conclusions. Model ans 1 states that appellate is not eligible for compensation for loss of office. Model ans 2 states that appellate is eligible for compensation for loss of office.

Validity of edition in relation to the attempt

I wish to know whether edition 3 is valid for June 2023 exam

CL 22 (S. Gopakumar Nair & Anr. V. OBO Bettermann India Pvt. Ltd. (NCLAT)

I have a doubt regarding MCS case.. CL 22 (S. Gopakumar Nair & Anr. V. OBO Bettermann India Pvt. Ltd. (NCLAT) Sir, I think there has been some confusion. 1. In Brief Facts point no. 4, petition before NCLT u/S 241 was filed by minorities (i.e. the appellants S. gopakumar Nair) and not OBO. 2. NCLT rejected the petition that the minorities do not hold min. 10% paid up share capital. Sir please if you could help explaining that case. Thank you

Mcs module

Hello sir, Is it necessary to read mcs module or is yoddha enough?? And also, if we write "facts and question involved" and all the headings in small is alright or is capitals compulsory??

Sec 29A of ibc

Is Merely being a promoter itself disqualify person from submitting a insolvency resolution application?

Ch:1 Company law (Aruna oswal v. Pankaj oswal)

In this case, you told in the class that for filing the suit of oppression and mismanagement there is requirement to hold atleast 10 % of shares. And similar case can be ask regarding Agm that who is eligible to hold agm and for that specific shareholding must be there. So, my question is that what is the required shareholding a person must have for hold the AGM.

Mcs

Sir, within how much time should the MCS paper of 60 marks be completed? Sir I am able to write 6 questions in one hour is this time is perfect or I have to reduce it

CL 28 AHAMED MEERAN V. RONNY GEORGE &ORS

the legal issue involved: when can NCLAT grant exemption or waive off under section 244 of companies act 2013 decision: exemption can be granted only in exceptional cases where it is impossible for remaining shareholders to file for oppression and mismanagement i.e, where all of them combine holds less than 10% of issued capital section 244 of companies act also allows the application for oppression and mismanagement by 1/10th of total members which is applicable in all cases. So how can a situation arise where it will be practically impossible for remaining shareholder to make an application.

1st case law

A suit relating to a partition of share is Handel by civil court or NCLT??

SL 6 Mr Mahendra girdharilal vs NSE sebi and T.stanes and co Ltd(SAT)

Sir in this case Madras St ex is derecognised as a St ex by sebi due to which co is delisted so in this case co ki kya mistake h nd if company agr nse k norms comply nhi krti toh usse exit opp deke de list hona padega company NSE pe list nhi ho skti toh koi or dusre St exchange pe toh ho skti h na waha list krne ka option q nhi diya?

General doubt

Can I take marked book to the examination? I.e. key words marking done in yodha book with pen and sticky notes Will it be allowed in exam Hall ?

case law CL 22

THE appellant is left with .36% shares in the company and he filed a suit under 241. my doubt is two folded..first did he file a suit for O & M as 241 is for this only. second how can he file a suit under 241 because he just had .36 percent shares which does not fulfill the criteria for eligibility to file a suit

IBC- Pre Existing Dispute

IL6: GEORGE VINCI THOMAS vs. CAPEDGE CONSULTING PVT. LTD. & ORS (NCLAT) Sir if the Corporate Debtor And Operational Creditor are the related person there is on going family dispute then also the application for CIRP can not be made as there is pre Existing Dispute between the parties???? Or otherwise an operational creditor can able to file application for CIRP????

Answer writing doubt

Sir while writing answer first to write facts and question involved then applicable judgement and provision and then conclusion So in applicable judgement and provision should we write reasons given in yoddha? If yes then how much

New Case studies in MCS added by Shubham sir

I gone through mCS-3 and Additional cases for June 2022 and Dec 2022 Some cases from June 2022 are not there in MCS-3 so should I Take print Of June 2022 as well as Dec 2022 additional cases and when will additional cases lecture will be there ?

MCS Edition 3 CL 34

Hello sir I am your CS Professional student for module 3. Sir in MCS Edition 3, Case law *CL 34* *Brillio Technologies Case*, In *reason* Ground (iii) the question relates to utilisation of Securities Premium but the answer quotes Sec 78 which talk about Application of Registration of Charge. Sir is the section wrongly quoted as in the lecture as well you spoke about utilisation of Securities Premium?

EL6

hello sir sir I have doubt in EL 6 sir I think here, where you wrote payee it should be payer because sir payee is the person to whom payment is to be made

Any new case laws for Dec2022 attempt..

Sir I have taken your Google drive vedios for 3rd module for Dec 2022 attempt. Sir I want to know that do we have any new case laws in our course for Dec attempt. Sir please let me know where can I watch them.

Abhyas Sheet

While writing MCS answers I get confused of what to write in reason part and what to write in conclusion (as I want to elaborate conclusion ans write more than the answer asked in question) and almost always end up either overthinking as to how to avoid repetition or repeat the sentences.

Edition applicable

Sir i have your vedio lectures for December 2022. I m having edition 3 books of mdcs subject. Which edition is applicable for dec 2022 attempt. Sir do I need to have books of edition 4. Sir are any amendments in edition 3 which are applicable for dec 2022. How can I get the amendments

Abhyas Sheet

Sir what to do when there is a legal issue in the question which is different from the legal issue in the mcs book and the legal issue's answer I.e. the Judgement/Decision line given in mcs book isn't directly answering the legal question asked in question?

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