AIBE 19 Company Law 2024: Syllabus, Topics, Important Cases, Books

AIBE 19 Company Law 2024: Syllabus, Topics, Important Cases, Books

Edited By Sansar Singh Chhikara | Updated on Nov 14, 2024 11:58 AM IST | #AIBE

AIBE 19 Company Law 2024: The Bar Council of India has prescribed the AIBE 19 syllabus in online mode. Company Law is one of the subjects included in the AIBE 19 syllabus 2024. There will be two questions asked from the Company Law subject in the All India Bar Examination. Company Law is a body of law that governs the rights, relations, and conduct of persons, companies, organizations and businesses. Read the complete article to get detailed information on AIBE 19 Company Law syllabus 2024, topics, sub-topics, recommended books, important cases and more.

AIBE 19 Company Law 2024: Syllabus, Topics, Important Cases, Books
AIBE 19 Company Law 2024: Syllabus, Topics, Important Cases, Books

AIBE 19 Company Law 2024

The detailed syllabus of Company Law subject of AIBE 19 has been given below:

Topic 1 : Nature and Kinds of Companies

  1. ‘Company’ – Definition; Evolution; History of Company Legislation in India; Meaning and Nature of Company with Emphasis on its Advantages and Disadvantages over other forms of Business organizations. Comparison between Company and Partnership and Company and Limited Liability Partnership, Companies (Amendment) Ordinance, 2019, Companies (Amendment) Act, 2020.

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  1. Theory of ‘Corporate Personality’; Concept of Separate Legal Entity, Company not a citizen of India; Lifting of the Corporate Veil, Statutory Exceptions to Limited Liability.

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Important Cases

  1. Salomon v. Salomon & Co., Ltd. (1897) A.C. 22 (H.L.): (1895-95) All ER Rep. 33

  2. State Trading Corporation v. CTO, AIR 1963 SC 811

  3. TELCO v. State of Bihar, AIR 1965 SC 40

  4. R.C. Cooper v. Union of India (1970) 3 SCR 530

  5. Bennett Coleman & Co. & Ors v. Union Of India & Ors, (1972) 2 SCC 788

  6. Daimler Co., Ltd. v. Continental Tyre and Rubber Co. (Great Britain), Ltd., 1916 AC 307: (1916-17) All ER Rep. 191

  7. Lee v. Lee’s Air Farming, Ltd. (1960) 3 All E.R. 420

  8. In re Sir Dinshaw Maneckjee Petit, AIR 1927 Bom. 371

  9. CIT v. Meenakshi Mills Ltd., AIR 1967 SC 819: (1967) 1 SCR 934

  10. Workmen v. Associated Rubber Industries Ltd. (1985) 4 SCC 11: (1986) 59 Comp. Cas. 134 (SC)

  11. Gilford Motor Co., Ltd. v. Horne (1933) 1 Ch. 935

  12. Subhra Mukherjee v. Bharat Coking Coal Ltd. (2000) 3 SCC 312

  13. Kapila Hingorani v. State of Bihar (2003) 6 SCC 1

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C. Kinds of Companies – Public Sec.2(71) and Private Companies Sec.2(68); Holding Sec.2(46) and Subsidiary Companies Sec.2(87); Limited and Unlimited Companies Sec.2(92); Share-holding and Guarantee Companies Sec.2(21/22); Small company Sec.2(85); One person company Sec.2(62); Government company Sec.2(45); and foreign company Sec.2(42).

Topic 2 : Promotion and Formation of Company

  1. Promotion: Promotion of Company, Promoters Sec.2 (69), their position, Powers, Duties and Liabilities.

  2. Formation: Formation of Company (Sec.3), Procedure of registration including online registration of a company, Effects of Certificate of Incorporation and Registration of company (Sec.9).

Important Cases

  1. Erlanger v. New Sombrero Phosphate Co. (1878) 3 AC 1218: (1874-80) All ER Rep. 271

Topic 3: Company’s Constitutional Documents

  1. Memorandum of Association Section 4 and Articles of Association Section 5 – Importance, Registration and Its Effect; Binding Nature; Clauses in Memorandum of Association, Alteration of Memorandum of Association and Articles of Association Section 10-16

  2. Doctrine of Ultra vires – A Critical Analysis of doctrine of Ultra Vires.

Important Cases

  1. Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875) L.R.7 H.L.: (1874-80) All ER Rep. 2219 (HL)

  2. Cotman v. Brougham, (1918-19) All ER Rep. 265 (HL)

  3. In re (Jon) Beuforte (London) Ltd. (1953) Ch. 131

  4. Bell Houses, Ltd. v. City Wall Properties, Ltd. (1966) 2 All E.R.674

  5. Re Introductions, Ltd., Introductions, Ltd. v. National Provincial Bank Ltd. (1969) 1 All ER 887

  6. Dr. A. Lakshmanaswami Mudaliar v. Life Insurance Corporation of India, AIR 1963 SC 1185

  1. Doctrine of Indoor Management; Binding Nature of Articles of Association between members/shareholders inter se and also outsiders; Rule of Constructive Notice; Doctrine of Indoor Management and its exceptions.

Important Cases

  1. Royal British Bank v. Turquand (1856) 119 ER 886: (1843-60) All ER Rep. 435

  2. Freeman & Lockyer (A Firm) v. Buckhurst Park Properties (Mangal) Ltd. (1964) 1 All ER 630

  3. Kotla Venkataswamy v. Chinta Ramamurthy, AIR 1934 Mad. 579

  4. Dehradun-Mussoorie Electric Tramway Co. v. Jagmandar Das and Others, AIR 1932 All 141.

Topic 4: Prospectus

Prospectus Sec. 2(70), Kinds- Abridged Sec.2 (1), Deemed Sec.25, Shelf Sec. 31, Red-Herring Sec. 32, Information Memorandum, Registration Sec.26, Remedies against Misrepresentation, Liabilities- Civil and Criminal.

Topic 5 : Company’s Share Capital/Debenture

  1. Equity Finance: Shares Sec. 2(84), Kinds of Share capital Sec.43

(a) Equity share (b) Preference share

  1. Debt Finance: Debentures Sec. 2(30) Nature of shares or debentures Sec.44 Comparison Between Share and Debenture

Topic 6 : Board of Directors

Corporate Governance; Appointment of Directors; Duties of Directors and their Criminal and Civil liabilities. Director’s Identification Number Sec.153-159 Independent Director Sec.2 (47)

Case Study on Satyam Scandal

Important Cases

  1. Percival v. Wright (1902) 2 Ch. 421

  2. Burland v. Earle (1902) AC 83: (1900-03) All ER Rep. 1452

  3. City Equitable Fire Insurance Co., Re (1925) Ch. 407

  4. Regal (Hastings) Ltd. v. Gulliver (1967) 2 A.C. 134 (HL)

  5. Industrial Development Consultants Ltd. v. Cooley (1972) 1 WLR 443

  6. Standard Chartered Bank v. Pakistan National Shipping Cop. (2003) 1 All ER 173 (HL)

Topic 7: General Meetings

Types / Kinds of Meetings, Essential Conditions of a Valid Meeting, Procedure for Calling Company Meetings.

Topic 8: Prevention of Oppression and Mismanagement

Protection of Minority Shareholders; Powers of Tribunal and Central Government; Prevention of Oppression and Mismanagement Sec.241-244; Class Action Suit (Sec.245) Foss v. Harbottle Rule - Exceptions – acts ultra vires, fraud on minority, acts requiring special majority, wrongdoers in control, etc.

Important Cases

  1. Foss v. Harbottle (1843) 2 Hare 461: (1843) 67 ER 189

  2. H.R. Harmer Ltd., Re (1958) 3 All E.R. 689

  3. Scottish Co-operative Wholesale Society, Ltd. v. Meyer 1959 AC 324

  4. Shanti Prasad Jain v. Kalinga Tubes Ltd., AIR 1965 SC 1535

  5. Rajahmundry Electric Supply Corporation Ltd. v. A. Nageshwara Rao, AIR 1956 SC 213

  6. Bharat Insurance Co. Ltd. v. Kanhaiya Lal, AIR 1935 Lah. 792

  7. Needle Industries (India) Ltd. v. Needle Industries Newey (India) Holdings Ltd.,AIR 1981 SC 1298

  8. M.S.D.C. Radharamanan v. M.S.D. Chandrasekara Raqja (2008) 6 SCC 750: AIR 2008 SC 1738

  9. Tata Consultancy Services Ltd. v. Cyrus Investments Private Ltd., (2021) 9 SCC 449.

Topic 9 : Winding up of Companies

Winding up by the Tribunal: Sec.270 – Winding up by the Tribunal Sec.271-303;

Important Cases

  1. German Date Coffee Co., In Re (1882) 20 Ch. D. 169

  2. Seth Mohan Lal v. Grain Chambers Ltd., AIR 1968 SC 772

  3. Aluminum Corporation of India Ltd. v. M/s. Lakshmi Rattan Cotton Mills Co. Ltd., AIR 1970 All. 452

  4. Yenidje Tobacco Co. Ltd., Re (1916) 2 Ch. D. 169

  5. Devas Employees Mauritius Private Limited v. Union of India, High court of Karnataka, Writ petition no.6191 of 2021, decided on 28th April, 2021

Topic 10 : Adjudicatory Bodies

National Company Law Tribunal; National Company Law Appellate Tribunal – Constitution, Powers, Jurisdiction, Procedure, Judicial Review Sec. 407-434.

Important Cases

  1. Madras Bar Association V. Union of India & Anr. Writ Petition (C) No. 1072 OF 2013 Decision on 14th May, 2015.

  2. Embassy Property Developments Pvt. Ltd. v. State of Karnataka and Ors. MANU/SC/1661/2019

Topic 11 : Corporate Social Responsibility and Corporate Criminal Liability

Introduction to CSR; Need for CSR; CSR Sec. 135 under Companies Act, 2013; Companies (Corporate Social Responsibility Policy) Rules 2014 (CSR Rules, as amended) and Schedule VII of Companies Act, 2013.

Best Recommended Books for Company Law

  1. Paul L. Davies and Sarah Worthington, Gower’s Principles of Modern Company Law (10th ed., 2016/Latest edition)

  2. A. Ramaiya, Guide to the Companies Act (19th ed., 2020/Latest edition)

  3. Hicks, Andrew & Goo S H, Cases and Material on Company Law, Oxford University Press (8th ed., 2008/Latest edition)

  4. Kershaw, David, Company Law in Context, Oxford University Press, UK, (2nd ed., 2012/Latest edition)

  5. Avtar Singh, Company Law (17th ed., 2018/Latest edition)

  6. H.K. Saharay, Company Law (7th ed., 2016/Latest edition)

Frequently Asked Questions (FAQs)

1. When is the next AIBE exam?

The next session of All India Bar Examination will be held on December 22, 2024.

2. How many questions are asked from the Company Law subject in the AIBE exam?

Two questions will be asked from AIBE 19 Company Law subject.

3. What is the AIBE 19 exam syllabus?

The  AIBE 19 syllabus comprises 19 subjects derived from the 3-year LLB curriculum.

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Questions related to AIBE

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Hello,

To prepare for the AIBE (All India Bar Examination) in Hindi, you can use the following resources:

1. **AIBE Study Guides in Hindi**: Look for books like *"AIBE (All India Bar Examination) Hindi Guide"* by Arihant, or LexisNexis publications, which are available in Hindi and cover the entire syllabus.

2. **Previous Year Question Papers**: Download past AIBE question papers in Hindi to practice.

3. **Bare Acts in Hindi**: Study important Bare Acts, available in Hindi, such as the IPC (Indian Penal Code), CrPC (Criminal Procedure Code), and Constitution of India.

Hope this helps you,

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The BPP is typically required for those who do not have a formal educational qualification equivalent to 10+2.it has nothing to do with aibe exam because it conducted to assess basic level knowledge of law degree student and lay down minimum benchmark for entering into practice of law in addition to assessing candidate's analytical skills.

To take AIBE EXAM you need to do bachelor's degree in law either of five or three years course from a recognised university.if you done your graduation you can take admission in three years law course through direct entry or by giving law entrance exam like CLAT CUET ailet etc.

Hello aspirant,

Along with the release of the AIBE 19 Notification 2024, the AIBE XIX application form is available on the official website. For law graduates who want to practice in India, the Bar Council of India (BCI) administers the All India Bar Examination (AIBE), a national exam. The next exam iteration, AIBE 19 (XIX), will take place on November 24, 2024.

For more information, please visit the following link:

https://law.careers360.com/articles/aibe-19

Unfortunately AIBE Exam is no longer an open-book exam except bare act you can carry this book with you in examination hall.The AIBE is not a tough exam to crack and you are not competing with anyone else for a rank or a seat. All you need is to score 40 marks and pass the exam.you need to understand the syllabus and pattern of the exam before appearing to exam.here you get all necessary tips for preparation

https://law.careers360.com/user/update-profile?destination=https://law.careers360.com/exams/aibe

Hey there,

After passing the AIBE (All India Bar Examination), follow these steps:

  1. Obtain Your Certificate of Practice (COP) : Apply for the Certificate of Practice from your respective State Bar Council. This document allows you to practice law as an advocate.

  2. Enroll with the State Bar Council : Complete the enrollment process with your State Bar Council if you haven't already. This usually involves submitting your AIBE results and other required documents.

  3. Find a Job or Start Practicing : You can either join a law firm, start your own practice, or explore opportunities in legal departments of corporations and government agencies.

  4. Attend Continuing Legal Education (CLE) Programs : Keep up with legal education and stay updated on changes in law by attending workshops and seminars.

  5. Network and Build Your Reputation : Engage with other legal professionals, attend legal events, and build your professional network.

  6. Explore Further Specialization : Consider specializing in a specific area of law if you have particular interests or career goals.

Ensure that you follow all procedural requirements as outlined by your State Bar Council to officially commence your legal practice.

I hope this answer helps you. If you have more queries then feel free to share your questions with us we will be happy to assist you.

Thank you and wishing you all the best for your bright future.

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