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Doubt in IL MCQ

Corporate & Other Laws

In Study mat it is given that if articles doesn't provide any provision ,then the right of members to vote cannot be restricted even though calls are unpaid. But the question in MCQ says that articles is silent, then how the restriction to vote is valid? Which one is correct?

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Yamuna S

Yamuna S

CA Inter

15K+

26-Apr-23 18:29

577

Answers (16)

Which one is right, option (c) or (a)


Thread Starter

Yamuna S

Yamuna S

CA Inter

15K+

26-Apr-23 18:33

Sub-section (1) of section 106 empowers the company to impose restriction on members through its articles to exercise their voting rights in respect of shares registered in his name, where calls are in arrears or other sums are presently payable or the company has exercised its right of lien. Answer is A


Anand Sankaran

Anand Sankaran

CA Inter

3K+

26-Apr-23 19:03

Thread Starter

Yamuna S

Yes "through articles" but here in question articles is silent right?

In the explanation section say 106(1) right


Anand Sankaran

Anand Sankaran

CA Inter

3K+

26-Apr-23 19:20

Thread Starter

Yamuna S

Yes "through articles" but here in question articles is silent right?

Yeah I think right option is (c) Relevant case:

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Abishek M

Abishek M

CA Final

11K+

26-Apr-23 20:04

Abishek M

Yeah I think right option is (c) Relevant case:

Yov nee Coimbatore ahh


Anand Sankaran

Anand Sankaran

CA Inter

3K+

26-Apr-23 20:18

Abishek M

Yeah I think right option is (c) Relevant case:

Okk


Anand Sankaran

Anand Sankaran

CA Inter

3K+

26-Apr-23 20:18

Anand Sankaran

Yov nee Coimbatore ahh

Yeah bro


Abishek M

Abishek M

CA Final

11K+

26-Apr-23 20:52

Will review the MCQ and let you know.


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

26-Apr-23 21:53

CA Suraj Lakhotia Admin

Will review the MCQ and let you know.

Ok sir


Thread Starter

Yamuna S

Yamuna S

CA Inter

15K+

26-Apr-23 23:24

D


Karan Yadav

Karan Yadav

CA Inter

10

27-Apr-23 09:45

CA Suraj Lakhotia Admin

Will review the MCQ and let you know.

Sir, what is the answer for this question?


Thread Starter

Yamuna S

Yamuna S

CA Inter

15K+

28-Apr-23 07:21

Thread Starter

Yamuna S

Sir, what is the answer for this question?

Hi, answer would be 'Invalid as per Companies Act' We will amend the MCQ


Sahibdeep Singh

Sahibdeep Singh

CA Inter

14K+

28-Apr-23 16:33

Sahibdeep Singh

Hi, answer would be 'Invalid as per Companies Act' We will amend the MCQ

Thanks sir! But also option c correspond with the answer, why are we choosing option b


Thread Starter

Yamuna S

Yamuna S

CA Inter

15K+

28-Apr-23 16:39

Thread Starter

Yamuna S

Thanks sir! But also option c correspond with the answer, why are we choosing option b

Yes, in a way both options could be selected. We have also changed option C to It is invalid as a company can never prohibit any member from exercising his voting right


Sahibdeep Singh

Sahibdeep Singh

CA Inter

14K+

28-Apr-23 16:49

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