Question
Q:- (A) The Government of India came out with a notification that certain industries functioning in the form of a OPC will be exempted from
Q:-
(A) The Government of India came out with a notification that certain industries functioning in the form of a OPC will be exempted from sales tax. Owing to this notification, a lot of new industries came up. Maithili is one of the GenZ entrepreneurs who started an OPC under the Companies Act, 2013 because of this new notification. She took up a loan of considerable amount and is hopeful that given the tax exemption benefit she will be able to repay the principal and interest amount in time. 06 Months later, the government issued a new notification removing this exemption on OPCs of all nature. Maithili, along with a few other OPC starters have come to you for legal advice. Argue the case on their behalf.You are required to support your argument with relevant cases and illustrations.
(B) Maithili wants to convert her OPC in a private limited company. She also wants her younger brother Rishi, who is still in high school, to be a shareholder in the new private limited company. Rishi is interested as well. He has saved up his pocket money and interested to purchase the shares. Advise her on the legal aspects of these two points i.e. - conversion of OPC and purchase of shares by Rishi. You are required to support your argument with relevant cases and illustrations.
(C) After the conversion of the OPC into a private limited company 'Feathery Flites Pvt. Limited' for the purpose of aerial top-dressing. Maithili qualified herself as a pilot. She went on to hold all but five of the shares in the company. She voted herself the managing director and got herself appointed by the AOA as chief pilot at a salary. She died at air crash while working for the company. Her widower Raghuvir has claimed compensation for the death of his wife in the course of her employment. The company has opposed this claim and has argued that Maithili was not a worker, as the same person could not be the employer and the employee. As a legal counsel for Raghuvir, argue this case. You are required to support your argument with relevant cases and illustrations.
(D) Feathery Flites Pvt. Limited took a vast plot of land on lease from Mr Sam Clafin. As per the lease agreement it was essential that the land be vast enough to accommodate at least 8000 feet of straight uninterrupted runaway for practice of the pilots. It was later discovered that 1/5 of the land is under protected area, listed by the government and as a result the land cannot be cleared to create 8000 feet of straight uninterrupted runaway. This was not known to both the parties until recently. The runaway stands at 79590 feet. Is there a contract? Give reasons for your answer.
(E) Feathery Flites Pvt. Limited has recently launched its first IPO and now, wants to change its name to Feathery Flites Limited. Advice on the what are the broad legal requirements. Upon the change of name, comment on the status of the rights & obligations of the company and the status of any legal proceedings by or against.
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