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1st SET OF ASSIGNMENTS
Post Graduate Diploma in
Medico Legal Systems
(Applicable for 2013-14
batch)
Subject : Laws Relating to
Incorporation of Medical
Institutions
Total Marks-150
Answer the following
questions. All questions carry equal marks
Q. 1. Discuss a)
the nature of partnership
Q. b) Relations
of partners to third parties
OR
Q. Discuss in
detail the dissolution of partnership firm. 30
Answer: When the relation between all the partners of the firm comes to an end,
this is called dissolution of the firm. Section 39 of the Indian Partnership
Act, provides that “the dissolution of the partnership between all the partners
of a firm is called the dissolution of a firm.” It implies the complete break
down of the relation of partnership between all the partners.
Dissolution of
partnership is different from the
Q. 2. Discuss in
detail the provisions relating to registration of Partnership Firm & effect
of non-registration.
OR
What is
registration of Public Trust? How it is done? 30
Answer: A trustee is required to uphold a strong level of integrity and
impartiality in conducting its duties. Typically, a trustee is not permitted to
benefit or profit from its position unless the trust document specifically
allows for payments to the trustee for providing services. Often, a trustee may
have a fiduciary responsibility to the trust beneficiaries.
Public charitable trusts, as distinguished from private trusts, are
designed to benefit members of an uncertain and fluctuating class. In
determining whether a trust is public or private, the key question is whether
the class to be benefited constitutes a substantial segment of the public.
There is no central law governing public charitable trusts, although most
states have "Public Trusts Acts." Typically, a public charitable
trust must register with the office of the
Q. 3. Write notes
on 30
Q. a) Medical
Treatment by Charitable Hospitals withconcessional rate to patients belonging
to indigent andweaker section
Answer: In a stinging indictment of the health support system in the country,
the Supreme Court in the case of Samira Kohli v/s DrPrabhaManchanda and others,
had drawn attention to the pitiable condition of the poor who need medical aid.
“In India, the majority of citizens requiring medical care and treatment fall
below the poverty line,’’ said the court. “Most of them are illiterate or semi-literate...They
do not have access to effective but costly diagnostic procedures. Poor patients
lying in the corridors of hospitals after admission for want of beds or
patients waiting for days on the roadside for an admission or a mere
examination, is a common sight.
Q. b) Powers of
Charity Commissioner to issue directions to Trust’s Hospitals.
Answer: Several hospitals are started and run by charitable trusts registered
under the Bombay Public Trust Act. These trusts avail of facilities and
assistance in some conditions on such big trust hospitals to provide medical
services to poor or not so well off persons. The Bombay Public Trust act was therefore
suitably I amended in 1985.
As per the
provisions:
The Charity Commissioner or any other
Q. 4. Write Note
on
Q. a. Types of
Companies
Answer:There are different types of company, which can be classified on the
basis of formation, liability, ownership, domicile and control.
1. Types Of
Companies On The Basis Of Formation Or Incorporation
•
Chartered Companies: Companies
which are incorporated under special charter or proclamation issued by the head
of state, are known as chartered companies. The Bank Of England, The East India
Company,
•
Q. b. Memorandum
of Association
Answer:: It is a British A document that regulates a company's external activities
and must be drawn up on the formation of a registered or incorporated company.
As the company's charter it (together with the company's articles of
association) forms the company's constitution.
The memorandum of association gives the company's name, names of its
members (shareholders) and number of shares held by them, and location of its
registered office. It also states the company's
(1)
objectives,
(2)
amount of authorized share capital,
(3) whether liability of its members is
Q. c. Articles of
Association
Answer: In corporate governance, a company's articles of association (called
articles of incorporation in some jurisdictions) is a document which, along
with the memorandum of association (in cases where the memorandum exists) form
the company's constitution, defines the responsibilities of the directors, the
kind of business to be undertaken, and the means by which the shareholders exert
control over the board of directors.
Q. 5. Powers
duties & liabilities of Directors of company 30
Answer: Section 2(13) of the Companies Act, 1956, defines a Director as any
person, occupying the position of Director, by whatever name called. The
Articles of association generally contain provisions as to their appointment,
retirement rights duties and remuneration.
Composition of
Board
The Board of Directors is elected representatives of the shareholders of
the company. The Board of Directors of a company collectively are responsible
for
Dear
students get fully solved ISBM EMBA
& other solved assignments
Send
your semester & Specialization name to our mail id :
“
help.mbaassignments@gmail.com ”
or
Call
us at : 08263069601
(Prefer
mailing. Call in emergency )
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