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MBA 2016-18
Academic Term-III
Mid-Term Exam (201 7)
Course: Legal aspect of Business
Time: l +J/ 2 Hrs. Total Marks: 50
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Question I. Marks: 6+ 1+ 1+1+3(12 )
.. Employee harassment and bully is a common thing witnessed many a ti mes. Especially when you are in field job due to
multiple bosses and supervisor sometimes situation become vague and confusing to whom to report. What could be legal
point in those situations?"

I.

a) Break and anal~ses the problem in detail and state ,

b) Who is the proposer?
c) \Vho made Counter proposal?
d) Since an acted under instruction of Departmental Head was the decision was taken by Consensus and/or
free will OR
the decision was vitiated by Undue Infl uence?

11. What is de ti nition of "Undue Influence?"

Question 2. Marks: 4+1(5)

1. Who are persons or legal entity under law?

11. Is a Partnership Firm formed under Partnership Act 1932 a legal entity?

Question 3. Marks: 5

Hov. the price of a moveable Property is determined?

Question -t Marks: 10
• What rights a purchaser of a Immovab le Property has under Transfe r of Properties Act?

Question 5. Marks: 2

How many rights a person can have in any moveable er Im movab le Property?

Question 6.
Mar ks: 2
Ji
• Are all agreements Conrct?

Q uestion 7.
Marks: -t
• Who can enter into a Contract?

Question 8.
Marks: 10
• Discuss the rights and liabil ities of Lessor and Lessee
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MBA 2016-18
Academic Term-III
End-Term Exam (2017)
Course: Legal aspect of Business
Time : 3Hr~, Total Marks: JOO

~- 1 Marks: 6 i>
ti
~ ; ~ ~ e District Forum under Consumer Protection Act can give to a Complainant in a Complaint filed b:,,
him with the forum? '

Questio ,2. _ _ _ /? Marks: 8 o

l,\_'hich contracts can be specifically enforced underlSpe:i[ic Relief Act? \
I ~ ) - ~-
f Que tion 3. _ _ .._ _ __ _ - Marks: 8 o
~

V
Questi6n -t.
---- -
Which are th{ documents registration 9)' which compulsory lunder ~

(a)When the Document, which requires to be stamped, is to be stamped?-.-

~ tration Act l ~~?
-
Marks: 2

(b) How an unstamped document can be stamped and validated ~

tion 5. , Marks: 2
How the price of a moveable property is determined?

Qu~tion 6. / Marks: 8 '

V-----1i9-w' the compensation for loss or damage caused by a breach of Contract 1s determined?
Can a reasonable compensation be fixed by the parties in a contract?

~ / tion 7. ~ · · - -- . Marks: 9 D
d ~ Part~ership firm formed
What is !,b&-.~between,~ nership under Partnership Act, 1932
uncte_!:_1imitedLiabili!y_P~ership Act? )
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L-9,u-eslion 8. ft _, -~- - -- - ..___ Marks: 4

What is the difference b e t w e e n ~ d(quarante~
. Qu~n9. Marks: 5
~ How the right to lay Petroleum Pipelines are acquired?

Ouestronl O. Marks: 4
L-1/ How an Arbitrator under Arbitration and Conciliation Act is appointed?
Qyesfion 11. Marks: 9 o
~ Please state the ground on which an Award passed by an Arbitrator and Conciliation Act,
1996 can be challenged?

, Question 12. · Marks: 8 0

V Please write in detail Premble of Constitution of India.
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(Jucstion I:-.

/ t \) <?n ~rd .lanuar~~- 20,I 5. 0 i ·sued a oti ·c in viting offer ror supply or~ l(l Compressor pump l0 m
lntcrn;ll i1111al bidders.
(2) t)n 20t h .lanuar~ 2015. I\ submitted it's o lTn lo supply IU Compressor Pump at a price of$ 275.000 valid
,_'
1·1,r ;11:Cl'ptancc 1rn 11r bdnrc 20.5.201 5
Un 15th January 20 I 5 submitted its oiler to supply IG Compressor Pump at a price of$ 295,000 val id
t~w accq,tancc on 1)r before J0.5.20 15
t3) .-\tkr c, aluation of the nffer submitted by B was accepted by A on 2nd April 2015 .The acceptance of the
11ffcr \\:JS intimated by A to B by email by issuing a Letter of Acceptance dated 3.4.20 15.
t-n On 5 th .-\pril 20 15. ~cknowledged the receipt of A's Letter of Acceptance dated 3.4.2015 according to
'-- - -
LO.-\ R is to supply the IG Compressor on or before expiry of 6 months from the date of LOA.
t5) On 12.5.20 I 5 A issued Purchase Order stating this PO is nothing but to reiterate the terms already know
toB
( 6) .-\fter the receipt of PO. B started refusing to accept PO and finally on 5.7.2015 expressed it unwillingness

to upply and advised A that alternatively A can place PO on a company, in which A is having 30%
sh:.ireholding.
n On receipt of B's letter dated 5.7.2015 Aon 7.7 2015 wrote to B that B's unwillingness is noted A is
considering to place order on someone else. It was also communicated that legal consequences of A's
refu ·al to perform would follo w.
(8) Thereafter. had negotiation with Candon 15.7.2015 placed the order upon C to supply JG Compressor
at S 275.000 --,
( 9) B after realising that B had commited mistake in writing letter 5.7.2015, expressed their willingness to
supply IG Compressor in terms of PO dated 12.5.2015.

Question
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(a ) When the contract was reached by the parties and between which patties? Marks: 3
(b) When the contract became binding ~s agai__nst B? ,;.·zr v!\ . I . . Marks: 3
(c) When the contract became bindipg as against A? '71 •', d , Marks:3
(d) Who broke the contract and whe!1 and how?'\ Marks: 3

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• · \l l· .i I;1pl1>p 111;1111il:1cl1 11111 ~, , , 11 ,ip:u, /\ 1, :, . .,·,1:,,
1
entl' l\:d t\w m.ichinl." number 111 ,1 cmn putcr 111 !'runt o l'lii111. rclricq;d Ilic dc1,1il:; rrn111 1111.: d:11:d,.1·,,: ,,f 1) 1,; ..,,1111 ,: 11 ,:,
.niJ ,\l\n,,unccd- ··i:i.,,ught for Rs. 80000 last .\pri l... l'hc ;1ss1st:1111 i11 rnn11cd /\111:111- · ·1li1.: w:11 r:111t; rw, 1,,d f,,1 1),,.
Llpt,,p \\ as ,,n,· : car. It l:'xpircd this April. You ncl:'d 11.l pay !'or lll lr sc r icc. · /\111,111 , ,11d " l 11:il 1,, J 111 (,, j / 1,_
assistant S\\ itched on the laptop and asked- .. Whal is the problem w1l11 your Japll,p '.iir''
\man rq,licd- .. ,1 has become wry slow. lt takes ·cveral minutes lo r it to hoot. " Thc a<-:s1s1:1n1 •,a1<l- ·we <..kir,i1.:
Rs 80l1 for runni ng a diagnostic tcs\ and doing ·tanclarcl maintenance of the luplop. ·1h<.: prohl<.:rn <ihiJL1ld ;,?1.:t.
rl.'s,,h·cd \\·ith this. lf there is anything else. which requires an additional chargt.:. wt: will call you. Jt , h<JulcJ IJe
rea,i: by ~:lh) pm \\ 'c:dnl!sday. We will give you a call once it 1s rca<ly.'· Aman said- "Fine. go ahead ·· ·1h<.:
:1ssist.m1\\TNe tfom 1 the details of the laptop on a µ.re-printed form. Aman gave him his visiting card. The a•,<;1stant
\\T1.1te Jo\\11 the (Ont:11.:t detai ls of .-\man from the card. Under the column of job description, he entered "Standard
ma1ntenan.:e .. and under the column of ..charges'·. he entered Rs. 800. The assistant signed t~ form and gave it
w .--\man and said-.. Kindly. bring the receipt when you come to collect laptop ... The entire week went by and
.--\m.:m did not get a call from the 1~rvice cent~ He called them several times but heard nothing from them about
his bptop. The subsequent ,veek. they said they were unable to locate the laptop and were trying to fi nd it.
Ewnrually. they declared that the laptop was lost. Aman went to the service station to pursue the matter further
The assistant took the receipt from Aman and made some calculations and informed Aman that the service station
'"ould pay him Rs. 8000 for the lost computer. Aman was very upset. He said he had bought the machine jJ.1st the
preqous year fo r Rs. 80000 and nothing less than Rs. 60000 would be acceptable to him. On the top of the page-
..T erms and Conditions.. was printed in bold. Following this, there were 15 entries. The assistant info rmed that
the ··terms and conditions.. were standard and given by the manufacturing company. The assistant pointed out to
entry number l O and 11, which read as fo llows:·

l 0. In the e\'ent a computer is lost or cannot be located for whatever reasons, the service station will attempt to
locate it for only a month since the receipt of the computer from the customer. After the lapse of one month. the
computer wi ll be declared lost.

11. The compensation to the customer for a lost or destroyed computer will be 20% of the depreciated value of
the computer. Depreciation will be done at the rate of 50% per annum.' Following this, the service station had
right!~ calculated the compensation to be Rs. 8000. Aman considers this to be inadequate.

Q uestion Marks: 3

(a)Who had made the offer?

(b)Who accepted the offe r?
(c) At what point of time the agreement was made.
Marks: 3
(d) Can Aman initiate any legal proceedings?
(e) If so,in which legal forum Aman can initiate legal proceedings?
(1) Can .Aman succeed in legal proceedings and for what amount?