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Case studies not given in Icai module CA foundation
Corporate & Other Laws
I am talking about CA foundation Business laws. Is it advisable to describe such case laws which are not mentioned in our Icai module for sake of lengthening the answer or for clarity of the answer ?
Answers (15)
Best Answer
Reference is enough. No need to elaborate. Write big and clear to lengthen your answers. You are only awarded based on provision, analysis,conclusion. Writing facts of case doesn’t award you anything. Its just for presentation. You can even analyse by linking facts instead of noting again.
Varshaa M
No need to quote case laws. If you want, you can specify the case law, but explanation is generally not necessary. In case, you have more time left in the exam, you may provide explanation. Generally, it is not required.
My doubt is Instead of writing the provision elaborately like if we write " Offer must be communicated to the offeree " and then explain it using 2-3 sentences. Instead of doing this, if we elaborate the Lalman Shukla VS Gauri Dutt case in detail and then the happenings of that case. Which one is preferable for the exam ?
CA Suraj Lakhotia Admin
You must explain provision. If you remember any case law, you can refer. But do not overstress on this.
Sir in the Icai module every Section has been explained after given the heading "Analysis of Section 5 " like this. So in exam, should we adopt the same method. First we should write Section 5 states that " ..... " and then we should give the heading as ANALYSIS OF THE Above SECTION and then explain it point by point ? Sir I have another doubt. Let us say that while mentioning that Agreement with a minor is void ab initio and cannot be enforced by him or the other party even when the minor attains majority. Sir after writing this point, we can write This point is based on the decision in Dharmo Das Gupta VS Mohri Bibi case. Sir, then should we explain the details of the said case ?
Thread Starter
Ardhendu Sekhar AcharyaSir in the Icai module every Section has been explained after given the heading "Analysis of Section 5 " like this. So in exam, should we adopt the same method. First we should write Section 5 states that " ..... " and then we should give the heading as ANALYSIS OF THE Above SECTION and then explain it point by point ? Sir I have another doubt. Let us say that while mentioning that Agreement with a minor is void ab initio and cannot be enforced by him or the other party even when the minor attains majority. Sir after writing this point, we can write This point is based on the decision in Dharmo Das Gupta VS Mohri Bibi case. Sir, then should we explain the details of the said case ?
No need to analyse the section separately if you have stated what it mentions. As for case laws, just name/reference is fine. Depending on the marks and time available in hand, you could says facts of the instant case are similar to that of [XX] where [XX}
Sahibdeep Singh
No need to analyse the section separately if you have stated what it mentions. As for case laws, just name/reference is fine. Depending on the marks and time available in hand, you could says facts of the instant case are similar to that of [XX] where [XX}
Do we need to write the year of the case ?
Sahibdeep Singh
No need to analyse the section separately if you have stated what it mentions. As for case laws, just name/reference is fine. Depending on the marks and time available in hand, you could says facts of the instant case are similar to that of [XX] where [XX}
Sir so what should we do - Write a scenario ourselves and then write that this scenario is based on X vs X case or we should write the case accurately with facts. Like in the Chinnaya VS Ramayya case, should we simply write a woman transferred all her property to the name of her daughter with the promise that the daughter should pay an annual amount of money to her uncle ( the woman' brother ). Should we write it like this or should we clearly mention that Laxmi Rani transferred all her property to the name of her daughter, Ramayya with the condition that she will pay an annual sum of money to her maternal uncle Chinnaya. So we should be accurate about the case or just a self created scenario which matches with the case study will be better ?
CA Suraj Lakhotia Admin
1. Explain the provision 2. State the facts and analyse the facts of question 3. Relate the fact with provision 4. Give your conclusion. If you know any case law just refer that similar decision was held in Mohiri biwi vs Dharmadas ghose.
Sir this you have said regarding the format of answering case study based questions. But my doubt is about Direct questions asked like Essentials of an offer. In this question, if we mention Lalman Shukla vs Gauri Dutt case or Balfour vs Balfour case, should we just mention the name of it or also write the facts about it in a direct question asked to write " Essentials of an offer " ?
Thread Starter
Ardhendu Sekhar AcharyaSir this you have said regarding the format of answering case study based questions. But my doubt is about Direct questions asked like Essentials of an offer. In this question, if we mention Lalman Shukla vs Gauri Dutt case or Balfour vs Balfour case, should we just mention the name of it or also write the facts about it in a direct question asked to write " Essentials of an offer " ?
It is enough if you quote the name of the case law in direct questions, you need not elaborate the entire case. Your answer has to be to the point, with relevant provisions.
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