How To Get Exemtion In IPCC LAW Exam - Guidance By ICAI


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Introduction

In particular, any accounting student should have understanding of the legal framework, which influences business transactions. This paper on Business Laws, Ethics and Communication have been introduced for the CA students at Intermediate (IPC) Course level in a CA course to  make  the  students  aware  of  legal  background relating to business and company law. It comprises laws of practical importance in the modern business world as law is a convincing source of bringing reasons, fairness and stability in all the mercantile dealings. Besides, in today’s scenario, ethics forms a mainstay and principle part of any profession and it  is  certainly necessary  for the  students  of  Chartered  Accountancy  to  know  the  value of ethics  in  business. Ethics is a series of values steering the conduct of the peoples of the society.   Further, a student also needs to develop good business communication skills, as effectual communication conduct helps disseminating laws and ethics to business and society and emphasizing a sound understanding of related legal deeds and documents.
IPCC LAW – PAPER 2 – SUBJECT SPECIFIC GUIDANCE. Thus the introduction of this paper in the syllabus serves the needs of the modern society.

Syllabus coverage

The syllabus is, therefore, comprehensive, cohesive and synchronized explanation of the statutory provisions of the business laws including some of the labour laws and the company law, the fundamental doctrines to ethics required in the conduct of the businesses, and the communication proficiency which is preferred for the conduct of any business activity. The subject has been segregated into three parts with Part I covering Business Laws and the  Company  Law carrying 30 marks each. This part comprises of legal provisions, numbers of case based illustrations and important cases with view to help students to understand and apply provisions of law properly. Part II  covering  Business  Ethics discussing the  ethical concepts and the measures to overcome the ethical dilemmas faced by the professionals carrying 20 marks and Part III covering Business Communication carrying 20 marks dealing with communication principles, its forms and applications. In other words, out of the total 100 marks allotted to the subject, Law carries a weightage of 60 marks, Ethics of 20 marks and Communication of 20 marks. This paper prescribes a working level knowledge of all the segments covered.

How to Plan for Examination?

Since the level of knowledge required at this level for the subject is ‘working knowledge’ and the objective is to gain knowledge of those branches of laws relating to business transactions, students need to prepare and become conversant with practical application of the law in commercial situations. Abstract reading of the law in the form of theory will not help in complete understanding of the subject. They have to focus their study based on the legal provisions, case laws, if any, and understand their practical implications. Besides, students should also give importance to the terms/definitions for proper conceptualization of the answers.
Students should also go through the Bare Acts to get a better understanding of the provisions contained in various statutes.  It is desirable to support answers with relevant sections and leading case laws on the matter wherever necessary.

Handling of Paper

While attempting practical/application oriented questions, students should be able to pinpoint the legal points or issues involved in any statement, problem or situation given in the question, explain the relevant legal provisions clearly, correlate the legal provisions to the given statement or problem or situation and cite the relevant case law in support of their reasoning.
A common comment of examiners in the Law paper is that candidates are generally weak in their working knowledge of basic concepts and provisions of the relevant laws as well as in language and writing skills.  It is therefore suggested that students may go through the comments given by the examiners which are available in the suggested answers of each examination and do the necessary follow-up action to remove their shortcomings and improve their knowledge and performance.

Practical /problem based question

Specimen of Question & Answer

Mr. Singh, an old man, by a registered deed of gift, granted certain land property to A, his daughter. By the terms of the deed, it was stipulated that an annuity of Rs.2, 000 should be paid every year to B, who was the brother of Mr. Singh. On the same day A made a promise to B and executed in his favour an agreement to give effect to the stipulation. A failed to pay the stipulated sum. In an action against her by B, she contended that since B had not furnished any consideration, he has no right of action.
Examining the provisions of Indian Contract Act, 1872, decide, whether the contention of A is valid?

Answer

Name of the Act and the provision by which it is governed

Problem as asked in the question is based on the provisions of the Indian Contract Act, 1872 as contained in section 2(d) and on the principle ‘privity of consideration’. Consideration is one of the essential elements to make a contract valid and it can flow from the promisee or any other person. In view of the clear language used in defining ‘consideration’ in Section 2(d) “…. the promisee or any other person…..”, it is not necessary that consideration should be furnished by the promisee only. A promise is enforceable if there is some consideration for it and it is quite immaterial whether it moves from the promisee or any other person.

Reference of any case law, if any for quality of the answer though not effecting on the scoring of the answer

The leading authority in the decision of the Madras High Court in Chinnaya Vs. Ramayya (1882) 4 Mad 137., held that the consideration can legitimately move from a third party and it is an accepted principle of law in India.

Co-relation of the legal provisions to the given statement/problem in a question

In the given problem, Mr. Singh has entered into a contract with A, but Mr. B has not given any consideration to A but the consideration did flow from Mr. Singh to A and such consideration from third party is sufficient to enforce the promise of A, the daughter, to pay an annuity to B. Further the deed of gift and the promise made by A to B to pay the annuity were executed simultaneously and therefore they should be regarded as one transaction and there was sufficient consideration for it.

Conclusion

Thus, a stranger to the contract cannot enforce the contract but a stranger to the consideration may enforce it.

Theoretical questions

For the theoritcal question, the answer should be laid down in bullets with brief description given in small paragraphs for making answer more appealing and legible.

Specimen of Question & Answer

What are the different manners of non-verbal communication?

Answer

One may continue to communicate non-verbally through:
Kinesics or Body language: All our bodily movements, gestures, postures etc., are guided by our feelings and thought processes. The nodding of our head, blinking of our eyes, waving of our hands, shrugging of our shoulders etc., are expressions of our thought and feelings. All these movements are the signals that our body sends out to communicate.
Paralanguage: The term paralanguage is used to describe a wide range of vocal characteristics like tone, pitch, and speed etc. – vocal cues that accompany spoken language which help to express and reflect the speaker’s attitude. Speaker uses a vast range of vocal cues like:
(a)   Pitch Variation
(b)   Speaking
(c)   Pause
(d)   Volume variation
(e)    Non – fluencies
(f)    Word Stress.
Artificial Communication: It is well known that we react to people on the basis of their appearance. The use of personal adornment like clothing, accessories, makeup, hairstyle etc. provides important non verbal cues about one’s age, social and economic status, educational level, personality etc.
Proxemics: refers to the space that exists between us when we talk or relate to each other as well the way we organize space around us. We can also call it ‘space language”.
Chronemics or Time language: is the study of how we use time to communicate. Punctuality is an important factor in time communication. Misunderstandings or disagreements involving time can create communication and relationship problems.
Haptics: is communication through touch .How we use touch sends important messages about us. It reveals our perceptions of status, our attitudes and even our needs.
Silence: The absence of paralinguistic and verbal cues also serves important communicative functions.

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Last but not Least “Writing Put The Finishing Touché”

Students often feel that reading, understanding and familiarizing with the subject is enough. The process does not end there. After reading and before the examination, one may test self by way of undertaking a mock test under examination conditions. This may be done by attempting a model/previous year examination question paper and comparing with the suggested answers. By this, you can examine how far you are recapitulating the subject, of course, the time in completion of the paper. The exercise may be painful at the beginning but if one takes it seriously he/she will realize its privileges.

A word on subject coverage from examination perspective

Business Laws

In Business Laws and Company Law students have to focus on digesting all the major legal provisions and their objectives and implications in practice. At every stage, they should prepare themselves well enough to be able to conceptually explain the relevant provisions, principles and conditions.  Students should also go through the Bare Acts to get a better understanding of all the provisions contained in various sections and sub-sections. At the Intermediate (IPC) Course level, it is better to start remembering some of the impor tant sections and apply them logically in solving practical problems. Reading leading case laws if any may also form part of your reading for enhanced knowledge.
The content of this section has been discussed in six chapters, which are as under:

The Indian Contract Act, 1872

Indian Contract Act, 1872 is one of the oldest law in the Indian law regime, passed by the legislature of pre-independence India. The statute  contains  essential  principles  for  formation  of  contract  along  with  law relating  to special contracts such as indemnity,  guarantee,  bailment,  pledge  and  agency. This statute has been incorporated in the CA-course because this is the law which forms the foundation upon which the superstructure of modern business is built. This chapter is divided into 9 units.

The Negotiable Instruments Act, 1881

History of negotiable instruments began in England as ‘bills of exchange’ whereby merchants were able to exchange  money  while keeping  their  money  safe  in  the  banks. A  ‘negotiable  instrument’  is  a  signed writing containing  an  unconditional  promise  to  pay  an  exact  sum  of  money.   It includes bill of exchange, cheque, promissory note, or other written contract for payment that may serve as a substitute for money. It is simple in form and easy to transfer. Like commercial paper, negotiable instruments were developed to meet the needs of trade. They are used by businessmen to facilitate long-distance transactions and to avoid the cash transactions.
Major topics to focus
1. Meaning, definitions & characteristics of Negotiable Instruments
2. Classification of Instruments
3. Sight and Time bills
4. Negotiation, Negotiability, Assignability
5. Different Provisions relating to Negotiation
6. Rights and Obligations of Parties to an Instrument obtained Illegally
7. Acceptance and Payment for Honour and Reference in Case of Need
8. Presentment of Instruments.

The Payment of Bonus Act, 1965

The term Bonus means extra amount in money, bonds or goods over what is normally due. The term is applied especially to payments to employees either for production in excess of the normal (wage incentive) or as a share of surplus profits. The Payment of Bonus Act, 1965 intends to provide for the payment of bonus to persons employed in certain establishments and for matters connected therewith.
Major topics to focus
1. Act not to apply to certain classes of Employees (Section 32)
2. Definition
3. Who is Entitled to Bonus?
4. Establishments to Include Departments, Undertakings and Branches (section 3)
5. The First Schedule
6. The Third Schedule
7. Payment of Minimum Bonus (Section 10)
8. Payment of Maximum Bonus (Section 11)
9. Procedure for Calculation of Working Days and Proportionate Reduction in Bonus
10.Special Provision with respect to Certain Establishments (Section 16)
11.Special Provision with respect to Bonus Linked with Production or Productivity (Section 31A)
12.Power of Exemption (Section 36).

The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952

This Act   was   moved   by   the   State   to   ensure   welfare   measures   for   labourers. The   Act   carries   great importance  in  providing welfare  measures  to  employees  in  an  organization,  students  should   know   the mechanism  of  this  statute.
Major topics to focus
1. Definition (Section 2)
2. Employees’ Provident Fund Scheme (Section 5)
3. Employees’ Deposit-Linked Insurance Scheme
4. Other Provisions.

The Payment of Gratuity Act, 1972

Gratuity is an amount (as a lump sum payment) which is paid by an employer to his employee for his past services when the employment is terminated. In case of death of the worker, it provides financial assistance to the members of his family for their survival, if they have no other means for support. Thus, this gratuity scheme serves as an instrument of social security as well as a reward to a person who sacrifices his whole life for the betterment, development and prosperity of an establishment and thereby for the Nation.
Major topics to focus
1. Important Definitions
2. Payability of Gratuity
3. Calculation of Gratuity Amount Payable
4. Forfeiture of Gratuity
5. Nominations for Gratuity
6. Employer’s duty regarding the payment
7. Recovery.

Company Law

With the intention of giving first hand working exposure in Company Law, a few chapters of  the  Companies  Act, 1956 from  Section  1  to  197  are  covered.  Students, at this level, have to gain a working knowledge of the provisions of the Companies Act, 1956.
Note
The Liberalization and Globalization of our economy in tune with the global changes led to the emergence of the Companies Act, 2013. The Act has come into existence on the 30th August, 2013 with enforcement of 98 sections by the Notification dated 12th of September, 2013. The Companies Act, 2013 is not applicable for May, 2014 examination and an announcement in this regard dated 18th November, 2013 has already been hosted on the Institute’s website. For November, 2014 examination, above stated notified 98 sections of the Companies Act, 2013 are applicable and an announcement in this regard dated 15th March, 2014 has already been hosted on the Institute’s website.

Ethics

Ethics is a “critical, essential and non-negotiable” characteristic of an effective leader. Strong business ethics is a pillar of strategic business planning and success. Today, a massive inequality exists among the nations throughout the world, despite a five fold increase in economic growth and a twelve fold increase in global trade since World War II. The globalised world economy faces a catastrophic series of socio-economic, political, cultural, spiritual and environmental crises, as well as a crisis of security, and they are all threatening the fabric of society, and life itself.
Recent corporate scandals such as, Enron, WorldCom, Tyco, Satyam, to name but a few from a long list, have sunk the world of big business to a new level of disgraceful recklessness and irresponsibility. Examples of unethical behavior abound in business stories around the world. And individuals witness some form of unethical behavior in their workplace every day. Unethical behaviour, where people deliberately intend to harm themselves or others, develops from and is reinforced by, destructive states of mind, including fear, greed, anger and envy. In contrast, ethical behaviour enhances the well-being of everyone because it is developed from and reinforced by strong motives and emotions such as love, joy, generosity and compassion.
The greed-motivated neo-liberal world is spinning out of control. Perhaps, it is high time to redefine our values. Knowing what is right is very important to personal and business ethics. Doing what is right is absolutely critical to personal and business ethics. A strong unwavering commitment to core values and guiding principles of business or organization will lead to the right ethical decisions and actions. In the absence of these actions, all one has is good intentions and that simply is not enough for the holistic growth of the mankind.

Communication

Communication  is  an  integral  par t  of  our  professional  life.  We  cannot  do  away  with  communication. Communication is a sine qua non for any business activity. With the emergence of new technological advances in information and knowledge, an important skill that is required is creating an environment that enables the business to connect and have contacts with its stakeholders. To build long lasting business relationships with the customers, communication should be clear, crisp and with clarity. To achieve success, professionals need to assess and respond to communication situations that occur constantly. Business Communication usually starting with oral form need to be materialized in a written form in the form of deeds and documents for which model varies with the nature of agreement.
The courseware of this subject has been designed in such a manner that it does not only suffice your examination needs but also enable you to sharpen your professional skills as well. This section introduces the students to the elements of communication, communication in business environment and the preparation of legal deeds and documents. Generally, students feel themselves in comfort zone while dealing with this part. This part is a very important part to increase your overall tally in the paper. But at the same time you should be careful in your basic understanding.

CREDITS – ICAI


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