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CS 639 views 2 replies

S K Daga

Student CS

45 Points Joined December 2014

1> I wanted to ask you that in writing case laws in exam can I write like

   In case A v B, it was held that............
   rather not mentioning the actual names of the parties and not writing date,etc if i don't remember it.

2>   Also, while writing any answer can i just write section no. at the top and not writing sub-section latter.
       for eg: if question ask to write about issue of debentures

       ans> Section 71 of companies act 2013 and Rule 18 of companies(share capital and debentures) rule, 2014            deals with the issue of debentures:

       and not mentioning sub - sections (i am saying it for in certain cases and not in all cases when definition like 2(68) of private companies, etc.)

Also, if the above is fine, than can it work in CS professional exam also.

Replies (2)

Guest

1. Yes, you can write A vs B. But sometimes, it is difficult to remember whether its CESTAT or CCus. or CCEx. So, in my opinion you should write " Ref : Party name ". By this you just have to quote the party name and that is quite easy.

2. For this, you can write "This stand/view is as per the specific subsection under section 71 of the Companies Act 2013"

See,the trick is if you know the clause, subsection and section, then only quote it in the beginning of the answer like " As per Section, subsection, clause "

But if you don't remember the subsection and clause, then start like " As per the legal provision under the Companies Act 2013" and then in the last line say "This stand/view is as per the specific subsection under section 71 of the Companies Act 2013"