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Civil Procedure Code Study Guide

This document outlines the course code and units of study for the Code of Civil Procedure course at the 5th semester level. It provides questions to be answered and topics to be covered for each of the 5 units. The units cover topics such as jurisdiction of courts, pleadings, parties to a suit, execution of decrees, limitation act and foreign judgments. It also provides problems related to civil procedure for students to work on.

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Jnine McNamara
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0% found this document useful (0 votes)
164 views15 pages

Civil Procedure Code Study Guide

This document outlines the course code and units of study for the Code of Civil Procedure course at the 5th semester level. It provides questions to be answered and topics to be covered for each of the 5 units. The units cover topics such as jurisdiction of courts, pleadings, parties to a suit, execution of decrees, limitation act and foreign judgments. It also provides problems related to civil procedure for students to work on.

Uploaded by

Jnine McNamara
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CODE OF CIVIL PROCEDURE – VTH SEM

CPC - Unit 1

1. Explain the scope and object of res subjudies


2. What is meant by jurisdiction of the court explain various kinds of jurisdiction with the help of
decided cases
3. discuss the provisions pertaining to place of suits and the Civil Procedure code
4. what is a suit of civil nature explained with illustrations
5. explain the general and other rules of pleading
6. explain the doctrine of res judicata state its objects and principles
7. briefly describe the different parts of a plane
8. Short notes
a. Transfer of cases
b. Please off swing
c. Doctrine of res subjudice

CPC - Unit 2

1. What is written statement when can set off and counter claim he pleaded
2. Explain the essential ingredients of summons what the different modes of service of summons
to a defendant
3. Distinguish between misjoinder and non-joinder of parties
4. Every suit shall be instituted in the court of the lowest grade competent to try it comment
5. Elucidate the essential contents of written statement
6. Explain the fundamental rules of pleading when the amendment of pleading is permissible
7. Every suit shall include the whole claim in respect of cause of action comment with illustration
8. Briefly describe the different parts of a plane
9. Short notes
a. Joinder of Parties
b. Set Off
c. Verification of Pleadings

CPC - Unit 3

1. Explain the consequences of appearance and non-appearance of parties to the suit


2. Who can apply for setting aside the sale in execution of a decree when can the sale be set aside
3. Explain the properties which are not liable for attachment and sale in execution of a degree
4. state that distinguish between judgment and decree
5. what is proclamation of sale
6. what are the powers of executing court explain
7. what is meant by issues how issues are framed stated the power of court to amend or strike out
issues
8. short notes
a. arrest
b. adjournment
c. admission
d. kinds of issues
e. attachment of properties
f. Caviat
g. interlocutory applications
h. political option
i. stere office suit

CPC - Unit 4

1. Define interpreter suit explain the conditions and procedures relating to an interpreter suit
2. define injunction explain the grounds and principles to grant temporary injunction
3. when can court appoint a receiver state the powers and duties of receival
4. briefly explain the inherent powers of the court
5. what is a Commission what are the circumstances in which a Commission may be appointed
6. what is revision how is it different from their appeal
7. He explained general principles of execution of decree
8. short notes
a. issue Commission
b. reference
c. review
d. appeal
e. at least before judgement
f. dilator E please
g. garnishee order
h. bar on jurisdiction

CPC - Unit 5

1. Discuss the effects of fraud or mistake on the period of limitation


2. explain the provisions and respect of condonation of delay
3. discuss the provisions of limitation act governing the condonation of delay
4. Steve the general rules for calculation period of limitation for filing a suit, objects of love
limitation, effects of fraud on period of limitation
5. what is legal disability discuss the provisions in the limitation act affording protection under such
disability
6. define foreign judgment when shall it be conclusive and state to the presumption relating to
foreign judgment
7. once the time has begin to run no subsequent disability or inability can stop it discuss
8. what is an acknowledgement of death what is the effect on limitation
9. Whether death of a party to a suit abate the legal proceedings explain rules under order 22 of
CPC 1908

Problems

1. X takes a debt from my under older terms X gives a written acknowledgment after the expiry of
two years then the pleads sorry for not paying the debt determine the validity of the
acknowledgement

2. right to Sue arises to pee during his minority he dies one day after attaining majority he is
succeeded by his son Kai who is a minor determine the effect on the period of limitation

3. Shankar was a trustee of a trust after shankles death Anil wrongfully takes possession of the
trust property Rohan the son of shankle files a suit for recovery of position on the property
agonist Anil as their legal hair and in his individual capacity but Rohan did not succeed then
Rohan files another suit for recovery of trust property agonist animal in the capacity of a trustee
as he is appointed as a trustee after the death of shankle can Rohan succeed this case

4. hey textile manufacturing company having hits its head office at Bangalore had a branch office
in hubli mysore and Bangalore a dispute cropped up between Mr ababu and Mr Prakash
transport company in a respectful transaction through hubley office Mr Babu files a suit in
respect of the dispute agonist the company in the court of Mangalore is the court of manual
competent to decide the case give reasons

5. Kevin wants to file a case against a law hole as the court was closed due to holiday and that
being the last day of limitation Mr chairman seeks extension of limitation period on that ground
will he succeed

6. a suit was institutes by the plaintiff from alleging infringement by the defendant company for
using the trade name on the product with the same combination as that of plaintiff firm a
subsequent suit was instituted in the different court by the defendant company stating the same
allegation advise the plaintiff from with the steps to be taken in accordance with law

7. Rama filed a suit agonist Krishna for declaration of ownership on the property stating that he
has purchases under the registered sale deed subsequently he seeks to amend the plain
claiming the property was granted to him by the government can he succeed discuss

8. Mr santor seeks condonation of delay for not performing an appeal within the period of
limitation becausw Anglo sing in his marriage is it condemnable

9. Ramesh a permanent residents of belagavi and Ashok is a permanent resident of the reward
Ramesh has taken loan from a shocker belagavi he has not repaid the loan till date Ashok has
instituted a suit of recovery of the said lonigan estimation dharwad Ramesh has raised objection
as to jurisdiction disid
10. Mahesh has sued any road for defamation the suit was decided in favor of Mahesh aniruddh has
a preferred an appeal agonist the judgment of trail cold Mahesh dated during the pendency of
the appeal yellow rose of Mahesh have applied for being impleaded as respondents decide

11. kitten is a tenant in the House of Samir for last 30 years cemil is now in need of the house for his
own occupation he has filed a petition for eviction agonist kitten kitten contends that he has
become owner by adverse position disid

12. he's sitting in Delhi publishers in Calcutta statements of defamatory to be the newspaper is
circulated in Bombay Madras and raipur we wants to file a suit against a where can he Sue him
advise him

13. he enters into an agreement jointly with the B&C to sell 100 tons of oil a thereafter refuses to
deliver the goods B&C together one to file a suit for damages against a can they do so advise
them

14. he wants to file a suit agonist B as the court was closed due to holiday that being the last day of
limitation he could not file the suit Mr A asks for extension of limitation period will he succeed

15. so the hash is a permanent resident of Valerie and Arnold is a permanent resident of Kohler so
hash has made an agreement with on and data billiri for supply of certain quantity of paper
every month the parties to the agreement have agreed that if there is any dispute arising
between them the same shall be subjected to the jurisdiction of kolter temcor decide the
validity of the agreement

16. Mahesh as Sudan erode forward information Mahesh did during the pendency of the suit he's
illegal hairs have made application for being impleaded as plaintiffs decide

17. Ramesh has taken a loan of rupees 50,000 from a shock on 2010 2020 he has not repaid the
loan till date a shock has instituted a suit recognize damage for recovery of the said loan on 15
nine 2015 damage has not raised any objection regarding limitation in his written statement can
quote here and decide the suit

18. it would be in a foreign quote the suit is dismissed thereafter a wants to file the same suit
agonist be in India on the same cause of action whether he can Institute a suit decide

19. he files a suit agonist be to recover money on pro not be contends that the setup rohnert was
obtained by him under undue influence can we succeed his contention deside

20. at the time when the cause of action arose Mr X was full of age and sound mind but the fact that
he shortly afterwards became insane can this fact affect the running of time of limitation decide

21. Anil has instituted a suit Agnes solution for the recovery of loan at least by advanced by him to
Suresh so less has appeared in the suit but has not presented his written statement Anil
contends that not presenting return statements amount to implied admissions of all the facts in
the plane decide

22. Ramesh has instituted a sutekh investigation for recovery of loan while instituting the suit he
claimed that principal amount omitting the interest by oversight now he wants to claim the
interest advise him

23. santosh has taken a loan of rupees 50,000 from the city bank on 10 five 2013 he had a fixed
deposit of rupees 75,000 in the same branch of the city which matured on 16 ten 2017 the bank
deposited the proceeds of the fixed deposit in the SB account of santosh after directing the loan
amount and interest there on santosh wants to recover the amount so adjusted by the bank
otherwise him

24. if filed a suit of partition agonist his brothers B&C the court has passed plima neri digri and final
decree in the matter being agreed the decree of the court a preferred appeal agonist final
decree and raise question about correctness of the Preliminary decree whether the apply appeal
be maintainable

25. Ramesh has borrowed some money from Dinesh and failed to the failed to repay it Dennis
wants to file a suit agonist damage for recovery of money advanced the last day of limitation
was Sunday therefore he filed a suit immediate next Monday and claims for extension of
limitation as the last day of limitation was Sunday being holiday off the court can he succeed

26. the suit filed by X is posted for cross examination of the plaintiff defendant files application for
adjournment on the ground that his counsel is suffering from illness rejecting the application
called directs him defendant to change the council and proceed with the cross examination
whether the order of the court is sustainable

27. Sunil is a permanent resident of domagala and Prakash is a permanent resident of shimoga Sunil
has taken loan from prakasha dragon grey he did not pay the loan till today Prakash has
instituted the suit of recovery of the sedlon agonist nila tumaga Sunil has raised objection to
jurisdiction decide
VICTIMOLOGY AND PENOLOGY – VTH SEM

VP - Unit 1

1. Explain preventive and reformative theories of punishment


2. discuss the origin and evolution of system of punishment
3. deterrence and retribution as forms of punishment have lost significance in modern
penology. explain
4. explain the different and preventive theories of punishment
5. explain the importance of technology in administration of criminal justice
6. discuss the kinds of programs which are adopted in crime prevention programs
7. short notes
a. crime prevention
b. retributive theory
c. problems involved in crime prevention
d. essentials of ideal penal system
e. punishment

VP - Unit 2

1. Discuss whether capital punishment should be abolished are retained


2. Explain the police structure and organization in India
3. what are the conventional and modern techniques of crime prevention
4. discuss the policy and process of presentencing inquiry
5. how did gravity of offenses generally addressed explain
6. discuss the concept of punishment during middle and modeling. Kinds of punishment
7. Short notes
a. prisoners rights
b. prisoner reform
c. euthanasia
d. offences punishable by death under IPC
e. branding as a punishment
f. presidents mercy jurisdiction

VP - Unit 3

1. Examine the main objectives and purposes of prisoners


2. discuss the history and philosophy of victimology
3. discuss the rights of prisoners under the Indian constitution
4. discuss the problems faced by women prisoners thanks
5. what is probation how the probationary's are selected
6. Jail as a reformative Institute explain
7. short notes
a. prison reforms
b. open prison
c. prisoners rights
d. parole
e. child victims
f. victimology

VP - Unit 4

1. Explain briefly the criminal injuries compensation schemes with reference to UK


2. discuss different categories of victims in need of special and greater attention
3. discuss the provisions of CRPC in victim compensation
4. Explain the concept of restitution
5. discuss the main functions of Police
6. discuss the sentencing process and policies
7. who are vulnerable prisoners and victims need special and greater attention explain
8. analyze the victimology with reference to North America
9. What is RAREST of the RARE case explain with decided cases
10. discuss the development of victimology in India
11. short notes
a. victim witness assistance program
b. victim of rape

VP - Unit 5

1. Analyze victimology with reference to India


2. reasons for inadequacy of conventional criminal law providing adequate compensation
3. discuss the role of inner Chelsea for protection of victims
4. with the help of decided cases examine the role of Indian courts relating to crime victims
5. state arguments adduced for state financial compensation paid to the victims
6. short notes
a. legal framework for compensation
b. functions of any Chelsea
c. state compensation program
d. Vishaka versus state of Rajasthan
e. judicial view on compensation
f. Consumer victims
g. Recommendations of Mallimath committee on reforms
h. Supreme Court guidance in Sunil batra case in prison life
i. Plea bargaining in India
INTERPRETATION OF STATUES – IOS – VTH SEM

IOS - Unit 1

1. Explain the rule statute must be read as a whole in its context


2. discuss the literal rule of interpretation
3. discuss the rule laid down in hayden's case
4. Explain the internal aids to construction of statutes
5. interpretation of a statute means finding out the intention of the legislature explain
6. explain with the help of cases preamble to legislation and marginal notes as internal aides to
construction
7. The conventional way of interpretation of statute is to seek the intention of its maker explain
8. explain the literal rule of construction with illustrations
9. language of the statute should be read as it is discuss
10. the duty of judiciary is to act upon true intention of legislative comment
11. explain with the help of cases along title and marginal notes as internal aides to constitution
12. short notes
a. preamble
b. Casus Omissus
c. Interpretation of statutes
d. functions of the court

IOS - Unit 2

1. State that 11th of parliamentary history as an external aid to construction of statute


2. explain the difference to the other statutes as an aide to interpret a statute
3. state the importance of codifying and consolidating statutes in construction of statutes
4. how far earlier in later statutes are significant in interpreting a statute
5. explain the role of legislative history in interpretation of statutes
6. Social political ethical and economical development factor influences the interpretation of
statutes explain
7. Discuss the reference to other statutes as an aid to interpretation of a statute
8. he explained any three external aids to construction
9. sharp notes
a. dictionary
b. use a for indecision
c. statutes in parimateria
d. historical fact of statutes
e. qualifying statutes
f. parliamentary history
IOS - Unit 3

1. Discuss the general principles regarding retrospective operation of statutes


2. what are the effects of expiry of temporary statute
3. he explained the rules of interpretation regarding retrospective operation of statutes
4. explain mandatory and directory provisions
5. State the effect of repeal of perpetual and temporary statutes interpretation
6. analyze the commencement operation in territorial application of statutes
7. short notes
a. commencement of a statute
b. ejusdim generus
c. use of negative words
d. legal fiction
e. noticer a soucis none robston eight class

IOS - Unit 4

1. Explain the common law rule relating to statutes affecting the Crown of the state
2. how Mens Rea is treated in interpreting statutory offences
3. explain the common law rule relating to statutes affecting the Crown or the state
4. explain the rules relating to strict construction of penal statutes
5. he explained the rule relating to strict construction of taxing statutes
6. in it is a Cardinal principle of interpretation that every statute is prime oveisi prospective unless
it is expressly or by necessary implication made to have retrospective operation explain
7. penal statutes should be construed strictly and benefit of doubt should be given to subject
8. short notes
a. evasion of statute
b. Mens Rea in statutory offence
c. offense is very company
d. remedial statute
e. statute affecting the jurisdiction of the court
f. harmonious construction
g. technical words to be understood in technical sense

IOS - Unit 5

1. Explain the principles of utility as advocated by Sir Jeremy Bentham


2. explain the different kinds of pleasures and pains
3. he explained these circumstances which affects the sensibility
4. he explained the principle of sympathy and antipathy
5. Principle of utility is re formation of natural law discuss
6. explain the effect of expiry off temporary registration
7. short notes
a. arbitary principle
b. morals
c. doctrine of futility
d. ascetic principle
e. fiction
f. Classification of evils

Problems
1. Employer has to pay maternity benefit by way of wages for the actual period of a woman's
absence for six weeks under maternity benefits act while calculating wages he excludes
Sundays. Mina questions it and claims that she should get wages for Sundays also advise her
with the help of suitable rule

2. Suraj was held liable to be punished for contravening S.7 of prevention of footer regulation act
1954 even though he was not guilty mind as he did not know that food article was unrelated he
challenges his conviction decide with the help of appropriate rule of interpretation

3. Industrial disputes act provides the party cannot be represented by a legal practitioner before
labor court criminal or national tribunal whereas advocates act confers right to practice on every
advocate before any authority how to resolve the clash decided with help of suitable rule of
interpretation

4. according to Karnataka electricity act 1948 the electricity board is empowered to fix electricity
tariff depending on the nature of supply geographic location purpose of supply and others how
to interpret the world others in this case decide with suitable rule of interpretation

5. Prakash Iyer Vedic bhavan manufacturers medicinal preparation for internal and external use of
human being for the manufacture of medicine many ingredients are being used and liquor is 1
common the common ones the exercise Commission never sought to impose excise duty on
liquor quantum used for medicinal preparation this was objected by the button on the ground
that it is medicine and not alcohol that they manufacture himself decided by applying suitable
rule of interpretation whether imposition of excise duty is justified

6. B abused a by using unparliamentary words agonist him a angered by this hit be on his head B
fell unconscious and was taken to the hospital where he was declared brought dead a was
charged by the Commission of crime under Indian Penal Code but a denied the criminal liability
holding that exercises right of self-defense and death was an accident whether a is guilty of
crime designed with appropriate rule of interpretation
COMPANY LAW – VTH SEM

Comp. Law - Unit 1

1. Explain the doctrine of lifting the corporate Viel


2. Write a brief note on name clause
3. Company is totally different from its members explain
4. Discuss the nature of holding company and subsidiary company
5. Explain the fundamental clauses of memorandum of association of a company
6. Who is a promoter what are his powers and liabilities
7. Write a note on certificate of incorporation
8. What are the advantages of incorporation of a company
9. What are the different types of companies
10. What is incorporation what are the different stages of incorporation
11. What is memorandum of association. State the procedure for alteration of object clause
12. Company cannot be sued for pre incorporation contracts. Discus

Comp. Law - Unit 2

1. Define prospectus state the contents of a prospects


2. Make a note on annual general meeting and its importance
3. Define Articles of Association. Explain alteration of Articles of Association under Companies Act
4. Directors are described as agents trustees and managing partner analyze
5. Noticing forum or essential of companies valued meeting discuss
6. Damages for deceit is one of the remedy for misinterpretation of prospects. Elucidate
7. Write a brief note on the power of directors

Comp. Law - Unit 3

1. Discuss provisions of Company Act 1956 for prevention of Oppression and mis management
2. Who can apply for winding up explain the consequences of courts winding up order
3. Describe the general principles and statutory restriction for allotment of shares
4. Discuss the different kinds of share capital of a company
5. Explain the procedure for appointment and removal of directors
6. Short note on special resolution
7. Short note on corporate social responsibility
8. Short note on holding and subsidiary company
9. Short notes on Charges
Comp. Law - Unit 4

1. Explain the procedure for works and functions of securities appellate tribunal and Rhapsody act
1992
2. discuss when and how the central government can suspend business or Stock Exchange and the
securities contract regulation act
3. latest short note on management of SEBI
4. Write a note on listing of securities
5. state the penalties in adjudication provisions of securities and exchange board of India under
the SEBI act
6. and at least the powers of recognized Stock Exchange to make bylaws under the securities
contract regulation act
7. write a note on offenses by companies under the security contract regulations act
8. latest short note on meeting of savvy
9. explaining the procedures powers and functions of the securities appellate tribunal under the
savvy act 1992
10. write an explanatory note on the registration of stockbrokers sub brokers and share transfer
agents
11. what is allotment what are the statutory restrictions on allotment of shares
12. explain the characteristics of floating charge and fix it charge when floating charge can be
converted into fixed it charge

Comp. Law - Unit 5

1. explain the provisions relating to various penalties and enforcement of the orders of
adjudicating authority under the FEMA act 1999
2. discuss the power of Competition Commission of India to inquire into agreements and dominant
positions of enterprise and a computation act 2002
3. latest art note on enterprise Competition Act
4. play to short note on competition advocacy
5. who is the authorized person under FEMA
6. explain the establishment power and functions of special director appeal and appellate tribunal
under the FEMA act 1999
7. define consumer and service under the Competition Act 2002
8. latest art note on the goods Competition Act
9. how voluntary winding up of companies affected explain the provisions relating to members of
voluntary winding up
10. explain the appointment powers and functions of a liquidator
11. takeover and acquisition of minority interest
12. Latest short note on doctrine of ultra virus
13. what is the rule laid down in Foss versus Harbottle
14. difference between dementia lend prospects
15. one person company
PROBLEMS Company Law All Units

1. X company by passing special resolution in general meeting makes alteration in its object
company did not obtain the permission from the company law board for the alteration is this
alteration valid

2. R applied for shares in a company on the basis of prospects containing the names of several
persons as directors but before allotment took place there was changes in the directors some
directors have retired can R avoid the allotment

3. Directors of a company executive the bond in the favor of “A” the directors and covered in the
articles to be issued bonds provided they were authorized by proper resolution of the company
in fact no such resolution was passed whether the bond executed in the favor of “A” is legally
valid

4. In a private company there are only two directors on board of the company. One director was
refused to support in the decision taking in the subject in the meeting. There was no provision in
the articles to increase or decrease the number of directors. Advise the director

5. Certain directors held a meeting off board. But they prevented some lawfully constituted
directors from attending the meeting. A quorum was however present. Whether the board
meeting is still valid

6. A holds almost all shares except one in a timber company and he was substantial current also
ensure that the company's Timber in his own name Timber having been destroyed by fire A
claims compensation from the insurance company will he succeed

7. A company changed its name from Matiti Syndicate Limited to Matiti Industrial limited make a
company filed a writ petition in his old name is the petition enforceable

8. Issue was the transfer of the share certificate issued under the seal of the G company the
certificate was issued by the company secretary who had a fixed the seal of the company and
forced their signature of two directors where whether the share certificate is valid

9. The plaintiff was a trustee of a share certificate issued under the seal of the defendant company
the certificate was issued by a company secretary who affixed the seal of the company and
forced the signature of the two directors advise the plaintiff

10. A company's articles provides that a member who becomes bankrupt she'll offer for sale of his
shares to other shareholders at the price fixed by directors they say the validity of the provision

11. The articles of Association of a company contained that laws that are should be legal advisor for
a period of five years and he should not be removed until the expiry of five years he was a
member of company but he was removed after one year of his appointment he brought an
action against the company and claimed damages for premature removal will he succeed

12. The articles of Association of X company contained a clause that the effect B an outsider should
be a director and should not be removed for five years however he was reboot earlier in
brought an action to the stream company from excluding really succeed

13. The director of the company borrowed a sum of money from the plaintiff bank the company's
articles provided that the director might borrow on bonds such sum of money as may from time
to time be authorized by resolution pastor general meeting of the company the shareholders
claimed that there had been resolution authorizing the loan and therefore it was taken without
their authority is the company level to the plaintiff bank

14. X minor was registered as a shareholder after attaining majority he received dividends from the
company subsequently company went into liquidation X denies his liability decide.
15. One of the object of the company where he was to manufacture mechanical spares and to
market them the company why intended to manufacture gold ornaments and sell them advised
by company

16. X company lends to very company has gone on mortgage of its assets the procedure laid down
in the articles of such transaction is not complete with the directors of the two companies were
the same is this mortgage binding upon the company

17. The auditors of the company made a confidential report to the director stating that security for
some loans are insufficient and difficulty of realization and stated that no dividend should be
paid for the year but the auditor also in his report to his shareholders stated that the value of
the assets depends upon the realization a dividend of 15% was declared out of capital assets
state whether the auditor or director or liable for the same

18. The company inserted an advertisement in the newspaper stating that some shares were still
available for sale according to terms of the prospects of the company which could be obtained
an application can it be considered as prospects

19. A film company borrowed a sum of money on security of all its assets including machinery etc
now laying that there may be from blocked by it until repayment of loan what kind of charges
created with the company

20. Anna a minor was registered as a shareholder after attaining metal majority she continues to
receive dividends from the company subsequently company went into liquidation Anna denies
liability as a shareholder decide

21. Anna transparently certain land 2 Bobby on a condition that Bobby would never sell the land to
color the persons Bobby sold aligned to a company composed exclusively of nigro's Anna took
action for the element of transfer on the ground that property had passed to color persons will
she succeed

22. the directors of accompanied by two resolutions resolved to make it call but neither resolutions
have specific the date and amount payment is the call valid

23. Larry incorporated a company of which he was a managing director in that capacity he
appointed himself as a pilot off the company while the duty he died in the flying accident his
widow claims compensation against company will she succeed

24. The plaintiff was a transferee of share certificate issued under the seal of independent company
the certificate was issued by the company secretary who are fixed the seal of the company and
forged the signature of two directors advise the plaintiff

25. During the war all members of the private company while in general meeting were killed by a
bomb does the company cease to exist decide
26. The company's articles provide that member who becomes bankrupt shall offer for sale of his
shares to other shareholders at the place fixed by the directors they said the validity of the
provision

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