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HOW TO WRITE LAW PAPER

Kapil Kumar Singh Adv (Student) (572 Points)

11 November 2009  

Dear All,

Please let me know whether my approach in writing the CORPORATE LAW Paper is correct or i need to improve on it more.

1.Instead of writing SEC  if would like to  write Sub Section also e.g. SEC  283 (1 ) (a )   ,   SEC 274 ( 1 ) ( a )     etc ..

2.If i write case law like this   B.K.THAKUR   v  ORIENTAL METAL PRESSING WORKS PVT   LTD    i.e if i m unable to remember the full name  can i write abbreviations for it or not.  

  Is it necessary to write  the year also..

3.Most important  can i qUote the relevant SEC from the ACT itself  like this i.e BY BREAKING IT INTO NUMBER OF SENTENCES  :

SEC 284 (1 ) :

A company  may

by an ordinary resolution passed in the general meeting

remove a director  from his office

before the expiry of the term of his office.

 

4.My approach is like this

First mention the Sec to which the problem relates.

Secondly if there is any case law decided on it then mention it

Lastly write your own conclusion base on the relevant Sec and Case law.

 

THANKS

 


 53 Replies

Ankur Garg (Company Secretary and Compliance Officer)   (114654 Points)
Replied 11 November 2009

Law Exam Tips for CS/CA PCC Students

 

1.         In practical problems never start your answer with Yes or No unless you are 100% sure. First mention the relevant provision and show in your answer how you reach the conclusion. In the end conclude your answer in the following manner: “On the basis of above discussion we can conclude that as per the Section-166 Annual General Meeting can not be convened on a public holiday.”  (Consider this as an example).

 

On the contrary if you are 100% sure from the very beginning always start your answer with Yes or No. Like in the above problem it is very much sure that AGM can not be held on a public holiday.

 

2.                  Try and always mention the relevant section. Make it a habit. Do not ask anybody regarding the importance of remembering a section. If you make it a habit now it will 100% pay at the time of your final preparation.

 

3.                  In distinctive question never segregate 2 provisions with the help of a line.

 

For example: Distinguish between Fixed and Floating Charge

Mention the distinction in the following way:

(i)                 Fixed charge is created in the specific property on the other hand floating charge is created on the class of property.

(ii)               Fixed charge clutch the property whereas floating charge floats over the property.

 

Conclusion: You should use “on the other hand” OR “whereas” to club two different provisions.

 

4.         You may underline the relevant provision or any substantial provision.

 

5.         In theory paper never read practical problems first. First attempt flat questions. Like in Audit or Law first attempt short notes or distinctions etc.

 

Reason for not attempting the practical problems first is that in the beginning you have enough time to read it twice or thrice and waste your time.

 

6.         If you mention any case law highlight it properly. Write it in the following way:

                         

Ram Singh

                               Vs.

                       Union of India

 

7.         In distinction problems first write something (2-3 lines) about the topic. Example: Like in the distinction between Interim and Final Dividend write some about Interim and Final Dividend and mention in the end: “hence the points of distinction between Interim and Final Dividend are as follows”    

 

8.         In exam never use short forms like AGM, EGM, CG, CLB, ROC, ICSI, ICAI, SAP, AS.

Etc.

 

9.         When you start your answer by using a section use like this:

            “As per Section-171 of the Companies Act, 1956”  

 

10.       Try and make an effort to complete your paper 100%. In other words attempt full paper of 100 marks. This is very important for fetching more marks.

 

11.       Try and avoid cutting of words. (See the example below)

 

Whenever a company fails to file the  annual accounts and annual returns, desc -ribed in sub-clause (A) of clause (g) of sub-section (1) of section 274, persons who are directors on the last due date for filing the annual accounts and the annual returns for any continuous three financial years commencing on and after the first day of April, 1999, shall be disqualified.

 

Observe the first line of the Para above and see the word described. Half the word is in first line and half is in second line. This is some thing very poor as far as professional exams are concerned. So avoid it.

 

 

Best Regards

 

13 Like

Ankur Garg (Company Secretary and Compliance Officer)   (114654 Points)
Replied 11 November 2009

Dear Kapil,

If still there is any doubt then please let me know.

Best Regards

4 Like

Sushil (CA Final Student) (2571 Points)
Replied 11 November 2009

Thanks Ankurji.


(Guest)

dear ankur ji

 is it necessary to write  the full section like this 283 (1 ) (a ) or

we can write only sec. 283 only if subclause is not remember

thanx

 

Santhosh Poojary (SIEMPRE AHÍ PARA TI) (15587 Points)
Replied 11 November 2009

Thanks a lot .... ankur... sir... Great explanation...........

Gokulakrishnan (Partner @ B.P.Rao&Co) (40 Points)
Replied 11 November 2009

 :) wowh .. thank u sir...

Ankur Garg (Company Secretary and Compliance Officer)   (114654 Points)
Replied 11 November 2009

Originally posted by :Varun Pandey
" dear ankur ji
 is it necessary to write  the full section like this 283 (1 ) (a ) or
we can write only sec. 283 only if subclause is not remember
thanx
 
"


 

No mentioning of full clause is not mandatory. You may use like this:

"Mr. A is liable to vacate his office read with section-283."

"Mr. A is liable to vacate his office as desired by section-283"

3 Like

CA Dhiraj Ramchandani (CA, M. com) (10818 Points)
Replied 11 November 2009

Actualy, major problem i faced during my PCC exams, was to remember the case laws... (as u mentioned in ur 6th tip)..

And so, i didn't go for them, and i didn't mention any of them in exam. Still, i got 66 in LAW..

 

So, how far they are important in FINALS??? I mean., sections, i can mug up, but CASE LAWS are just impossible for me.. So, plz guide me..

Kapil Kumar Singh Adv (Student) (572 Points)
Replied 11 November 2009

Dear Sir,

THANKS A LOT   .

But some queries still remain i.e.

Sir  PLEASE tell me how to break the SEC in number of sentences . Is my approach correct as i had written in my query.(  i had written Sec 284 like this )

Secondly will i get benefit of writing sub clauses also  or should i avoid it ?

Ankur Garg (Company Secretary and Compliance Officer)   (114654 Points)
Replied 11 November 2009

Hi,

 

Let me tell you the correct way. You got 66 in PCC that’s fine. I got 79 in law with various sections and sub-sections and case laws and i am sure you can easily clear your finals without mentioning any case law.  

 

But most important thing for me is approach towards exam and future aspects of it. We can't reject the importance of case laws and sections for fetching 4 to 5 extra marks. So for your final preparation go for case laws. One method to remember case laws is put them in writing and paste the paper on the walls of your room and revise them twice and thrice a day. Hope you agree with me.

 

Regards

 

3 Like

Ricky Chadha (student) (121 Points)
Replied 11 November 2009

Ankur Sir,

Thank you for such a wonderful guidance, I am facing problems 's like how to remember the sections in LAW. Can you please help me in this. ? ?

Ravdeep Singh

aditi maheshwari (CA final - article) (122 Points)
Replied 11 November 2009

Thank u Ankur Sir..........

This will really help us......

Ankur Garg (Company Secretary and Compliance Officer)   (114654 Points)
Replied 11 November 2009

One method to remember Sections and case laws is put them in writing and paste the paper on the walls of your room and revise them twice and thrice a day.

Ankur Garg (Company Secretary and Compliance Officer)   (114654 Points)
Replied 11 November 2009

Originally posted by :Kapil Kumar Singh
" Dear Sir,
THANKS A LOT   .
But some queries still remain i.e.
Sir  PLEASE tell me how to break the SEC in number of sentences . Is my approach correct as i had written in my query.(  i had written Sec 284 like this )
Secondly will i get benefit of writing sub clauses also  or should i avoid it ?
"


 

Dear Kapil,

This 100% wrong approach to mention any section. You think you are highlighting the section by writing in different lines but actually you are confusing the teacher.

If you can correctly mention the sub-clauses then 100% go for it and make it a habit.

Regards

1 Like

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