Professional Documents
Culture Documents
Descriptive Type Questions
Descriptive Type Questions
Descriptive Type Questions
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Arbitration Conciliation and ADR
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Arbitration Conciliation and ADR
How Conciliator is appointed 11 Explain any three salient features of the Arbitration and Conciliation Act,1996
Explain - Negotiation is the process of dispute resolution Analyzeany three differences between arbitration and
conciliation
Mr Ram filed a suit in court against Mr Shyam but the court has referred it to Lok Adalat However, Mr Ram
doesnt want to settle it in Lok Adalat
bCan Mr Ram challenge the decision of the Court about reference to Lok Adalat Why
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24What do you mean by Foreign Award under New York Convention Awards
Mr Suhas was appointed as a conciliator by parties After few meetings with the parties, Mr Suhas draws up a
settlement agreement and signs
Can a couple appoint an Arbitrator on a wifes application for divorce Give reason for your answer
31 As the dispute arises Mr B requests Mr A for an appointment of an arbitrator, but an arbitration agreement
fails to make provision for the number of arbitrator
If Mr A and Mr B agrees to appoint 3 arbitrators but fails to agree on procedure for appointing the arbitrator
Advice Mr A and B
32 An arbitration agreement was existed between Mr X and Mr Y for some dispute After having a dispute Mr Y
without informing to Mr X submit the dispute to an arbitrator
Can Mr Y do so Advice Mr X
What will be the effect on arbitration procedure if Mr X fails to communicate his statement of defence to an
arbitrator
33 Parties in a dispute willing to appoint a conciliator for settlement of dispute But they have some queries advise
them
Who is conciliator
4
The Arbitration agreement was entered into on 8th November, 1995 Thereafter due to dispute one party
addressed a letter, to other requesting to refer the matter for Arbitration, which was received by other party on
19th January, 1996 Thereafter Arbitrator was appointed on 3rd February, 1996 who commenced the arbitration
4th March, 1996 Explain in detail as to which Act will govern these proceedings , , , ,
A mediator in the process of mediation, has received a document Which Mr P, a party to mediation, was not
aware, which will help him to prove his case After the mediation failed, Mr P applied the Court to issue
summons to the Mediator to produce the said document before the Court Can the Court issue the summons as
applied Substantiate your answer with reason ,
One party in the Arbitration desire to examine the Rationing Officer and the Engineer of the Municipal
Corporation Therefore has made application before the Arbitrator Can the arbitrator require them to come and
give evidence Explain the procedure in that behalf
The dispute arose between the parties as regards to the venue of the arbitration under the Arbitration Agreement
The Decision is to be given by the Joint Arbitration committee on such issue The question before the court was
whether such a decision is appellable.
The decision given by the Joint Arbitration Committee be considered as an Interim Award is award Explain ,
The Arbitration agreement was rendered on 8th November, 1995 thereafter due to dispute one party addressed
the letter to the other requesting to refer the matter to arbitration which was received by the other parties on 19th
January 1996 Thereafter arbitrator was appointed on 3rd February, 1996 to commence the arbitration on 4th
March,
39 Mr Prabhus name was mentioned as an arbitrator in the arbitration agreement between the parties After
having an dispute parties appointed Mr Arun as an arbitrator After few months Mr Arun shows his
unwillingness to work so both parties appointed Mr Shulka as an arbitrator
40 Mr Z appointed as an arbitrator by Mr C and Mr D for the settlement of dispute Mr Z has some personal
relations with Mr C an award was declared by Mr Z on the basis of some personal information which he get it
from MrC
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What are remedies available to MrD
In which matter part I, II and IV of arbitration and conciliation act 1996 extended to Jammu and Kashmir
Within how many days the two appointed arbitrators shall appoint a presiding arbitrator
46 Within how many days an arbitral tribunal is empowered to make corrections in award on its own initiative
What is conciliation
What is UNCITRAL
How many minimum and maximum number of arbitrator are permitted to be appointed on an Arbitrary Tribunal
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State the extent of judicial intervention us 5 of the Act
What are the points of objection that can be raised to Set Off the Arbitration Award Write relevant Sections
Parties in dispute constituted an Arbitral tribunal with four Arbitrators according to an arbitration agreement
between them Is the Award declared by such tribunal valid and who can appoint a preceding arbitrator in this
Case
What are the condition for enforcement of Foreign Award under the New York Convention मॉ
What do you mean by Non Speaking Award and Discuss the situation when it can be Non Speaking Award नॉ नॉ
76What is Conciliation and what do you mean by the term Confidentiality in Conciliation proceedings
77A Mediator in process of mediation have received the documents, of which MrPurab a practical mediator, was
not aware which will be helping to prove his case After Mediation failed, Mr Purab has applied to court to issue
summons to the mediator to produce the said document before the Court Can the court issue summons and
apply Substantiate your answer with reasons , , , द्ध
Section
A Clause is provided in a works contract to the effect that For any dispute between the Contractor and the
Department, the decision of the Chief Engineer, PWD will be final and binding upon the Contractor only Can it
be held to be an Arbitration Agreement support your answer with Sections and Case Laws State Salient
features of Arbitration and Conciliation Act , 1996 1996
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What is Geneva convention Write important provision
What are interim reliefs Name a few of the interim reliefs that can be granted by the
Sanjay and Mohit partners in a partnership firm make an agreement in writing to refer a dispute between them in
business to an arbitrator Inspite of this agreement Sanjay files a suit against Mohit relating to the dispute in a
court What will be the implication here Give a detailed explanation , -
What are the types of cases that the Lok Adalats deal with
What are the advantages of using Conciliation as an alternative method of dispute resolution 99 Explain the
term International Commercial Arbitration How are they enforced in India त्मा॓
100 Explain the difference between arbitration and conciliation 101Write a note on Lok adalat as an ADR
mechanism
105A dispute between A and B was pending before the court Upon the request of both the parties the matter was
referred to Lok adalat The presiding officer of Lok adalat was the friend of Mr A B came to know about this
fact after the award was passed
106In case of international transaction in terms of a contract, a dispute arose between the parties Petitioner filed
an application for the appointment of arbitrator under Sec11 of the arbitration and conciliation act
107Whether court can appoint an arbitrator if the dispute is under the international commercial contract
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109 Mr Kulkarni was appointed as an arbitrator in the matter of dispute relating to a building construction Mr
Kulkarni informed the petitioner regarding his appointment and directed him to appear for the hearing But the
petitioner did not attend the hearing despite several adjournments A final notice was sent that if the petitioner
does not appear of the given date the proceedings will take place ex-parte and the award will be passed
accordingly णॉ णॉ न॓प्ल
What is the remedy available to the party against whom ex-parte award is passed by the arbitrator
110 An arbitration agreement was drawn between the parties and they decided to appoint a sole arbitrator But the
dispute arose between the parties regarding the appointment of the arbitrator and hence the parties could not
appoint the arbitrator within the prescribed period of time
111 Reliance Industries, an Indian Company enters into a contract with Suzuki Industries from Japan This
contract also included arbitration clause Mr Lobo, an Indian was appointed as an arbitrator and the award was
drawn according to the laws in India
Arbitration
Briefly explain any 3 roles of the Conciliator under Arbitration and Conciliation Act, 1996 1996 3 का॓
Define the term Court as defined under Arbitration and Conciliation Act, 1996
1996
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119Elaborate briefly the provisions relating to Courts assistance in taking evidence under Arbitration and
Conciliation Act, 1996 1996
120Mr A and B had appointed an arbitrator Mr C for their present dispute Mr A submitted a statement of claim
what will happen if Mr A dies during procedure Explain that will the procedure be terminated if Mr B fails to
submit the statement of defence to Mr C , () प्ल
, ,
121 Highlight the judgement laid down in Bhatia International v Bulk Trading case V V
123 Explain any three salient features of the Arbitration and Conciliation Act,1996 , लै
135What is conciliation
136 How many minimum and maximum number of arbitrators are permitted to be appointed on an Arbitrary
Tribunal
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141What is a status of an arbitral award in judicial process 142What is UNCITRAL UNCITRAL
LAW OF EVIDENCE
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LAW OF EVIDENCE
When fact not otherwise relevant becomes relevant 3 What is Admission Who can make Admission
Write Short Note on Examination of Witnesses 9 Define Evidence Mention various type of Evidence
14Comment on All confessions are admissions but all admissions are not confessions
22 Gopal is tried for the offence of murder of Ram by beating him with iron Rod with an intention to cause his
death On which point evidence can be given What are the facts in issue
A) When Sita was brought in hospital she made a statement before the Doctor :- My mother in law pour kerosene
on my body and my husband me on fire
B) After one hour Site made a statement before the police officer that my mother in law, father in law and
husband poured Kerosene on my body and they set me on fire ; and
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C) Dying declaration of Sita was recorded by the Magistrats during midnight wherein she has stated that who
poured Kerosene on my body and who set me on fire I cannot recall and name the person
27 Ram and Raghav are charged with the offence of murder of Gopal During the trial Raghav made a statement
before a Magistrate implicating Ram in the offence
28. A is on his trial for the murder of C There is evidence to show that C was murdered by A B, B- said A I
murdered C
29. A agrees in writing to sell a horse to B for Rs 1000 or Rs1500 Whether evidence can be given to show which
price was to be given. give reason with provision
30 A sues for money due on a bond the execution of bond is admitted but B says it was obtained by fraud which
A denies
b In above matter if execution of bond is not admitted what difference it Makes Then
31 Raghu is arrested for committing a murder Immediately after his arrest, Raghu voluntarily confesses to the
police officer in the police station He discloses in his confession, the place where he has hiden the weapon with
which he committed the offence ,
32 Birju threw acid on Ashas face who is a 12 year old school going girl A case was made against him During
the trial, Asha was also summoned to be examined as a witness However, during the trial, the defence lawyer
raised an objection on her being examined as a witness
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A) Can Asha be examined as a witness in this case Explain why
B) What would have been the scenario if Asha was deaf and dumb Explain
33 Robert intentionally leads Peter to believe that one acre of a particular land belongs to him and thereby
induces Peter to buy and pay for the land The land at the time of sale did not belong to Robert but after three
months of Sale, Robert becomes the owner of the said land Now, he seeks to set aside the sale between himself
and Peter
a Explain the Doctrine applicable to such kind of cases with the help of relevant provisions
34 Advocate Tanaji was appointed in the criminal case against a pauper, by magistrate The Advocate appeared
in the case at trial and found that the witness tendered by prosecution is a dumb person and prosecutor himself
was narrating to court what that dumb witness has seen at the scene of offence
A) Can such a witness testify in a case at the Court B) Was the prosecutor Correct Justify C) What should
have he done
35 Mr Akshay was suspected of murder of Miss Karuna He was apprehended by police and brought to the police
station The police inspector had was well built and had a rough voice and appearance Being afraid that he
would beat, Mr Akshay gave in writing to the Police inspector, while in his custody, that I have murdered Miss
Karuna with a knife and I have hidden it in an old house, I can show it to you if you take me there In this
situation
A) What portion if any is admissible in evidence out of the statement by Mr Akshay to police
B) What is the reason why the entire statement can not be accepted in evidence
Whether evidence can be given to show which price was to be given ? Give reason with provision
37. Sudhir a Govt servant, commits misappropriation of funds for the purpose of marrying his daughter Sudhir
communicates this to his wife Wani Five years later, Sudhir and Wani got divorced A year after his divorce,
Sudhir is put on trial for the offence of criminal misappropriation Wani is produced as a witness by prosecution
against Sudhir ? Can Wanis testimony be accepted by the Court ? Discuss ?,
38.Miss Aruna, an unmarried girl was accused of murder of her newly born child She was sent in police custody
and later on sent for medical examination While being examined by the Doctor, Miss Aruna made a confession
to the Doctor that she has committed murder of her said newly born child, at that time this statement was
overheard by the Police Constable who was waiting outside to take back Miss Aruna to the police Custody
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39 A seriously injured victim on reaching the hospital tells the doctor on duty that X has stabbed me because, and
before completing the sentence, he collapses and dies Discuss the relevancy and veracity of the above dying
declaration in the trial of X for murder According to the Supreme Court of India, dying declaration can be the
sole basis of conviction subject to certain precautions What are these precautions (On Duty)
48 Explain importance of fact showing existence of state of mind, body or bodily feeling
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67What are the ways of Impeaching the credit of witness
75What is Confession Who can make Confession Mention various kind of Confession
80What is leading Question When Leading Question cannot be asked Explain the Order of Examination Witness
81What is Burden of Proof On whom the burden of proof lies in suit of proceeding
84 Arvind intentionally leads Chirag to believe that one acre of a particular land belongs to him (Arvind), and
influences Chirag to buy the land making full payment to Arvind However, at the time of this sale, the land did
not actually belong to Arvind But after three months of the sale, Arvind becomes the owner of the said land
Now he seeks to set aside the sale between himself and Chirag
i Can the sale be set-aside between them Why ii Explain the doctrine applicable to such cases with the help of
relevant provisions
85 Surbhi was pricked in the stomach by her Husband who was angry as she could not bring the dowry as per his
demand from her parents She was admitted to the hospital by her neighbor, and she narrated to them that her
husband had caused the injuries She also told the same to the on-duty policeman at the hospital Police-chowki
Later, Surbhi passed away
What will be the value of Surbhis statement to her neighbor, in the trial that would be held against her husband
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86Shani, Bunny, and Chunky plan to kill Khalid by hiring a contract killer Ahmed After commission of the
crime, Ahmed, the contract killer, was arrested by the police Ahmed named all three people to be involved in
the said crime Bunny, however, denies his role in the commission of the subject crime The police officer books
all four as accused for the murder of Khalid
Can the police book Bunny as co-conspirator in this case If yes, then give reason(s) with provision(s)
What will be the situation if Bunny did not actively take part in the commission of the crime, but only helped
Shani and Chunky finding the killer
What is an Estoppel
96Comment on All confessions are admissions but all admissions are not confessions
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Mr As death was very suspicious His relative alleged that his death occurred due to poison Whose witness will be
relevant here Why
A document of 1987 is produced in respect of title of a property by the owner and possessor of the property What
presumption the court is permitted to take रृ
Defence lawyer objected to the question put to the witness by the public prosecutor on the ground that the
question suggested the answer
116A deed contains blanks Explain with aid of the relevant legal provisions whether evidence can be given of
facts which would show how the blanks were to be filled
117What do you understand by Conclusive Proof 118What is the evidentiary value of the uncorroborated
testimony of an Accomplice
119The question is whether Arun and Priya were married Whether the fact that they were usually received and
treated by their friends as husband and wife is relevant or not Cite the relevant legal provision
120A witness of whom nothing is known, is asked in cross-examination whether he is a dacoit With the aid of the
relevant legal provisions, explain whether such a question can be asked
Act,1872,
122A and B are jointly tried for the murder of C It is proved that A said that he and B had murdered C Whether
the statement given by A is a confession Discuss the relevancy of this statement with the aid of relevant legal
provision
124 Define presumption, what do you mean by May Presume, shall presume and conclusive proof ,
125Can admissions be proved by or on behalf of the persons making them If so, is the rule subject to any
exceptions
129When are opinions of third person relevant according to Indian Evidence Act तृ
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130 What is the difference between Judicial and Extra Judicial confession Explain the evidentiary values
131 State briefly the facts and principles in the Pakala Narayan Swami v Emperor
Now-a-days dying declaration has lost its creditability and authenticity, discuss
19
INTELLECTUAL PROPERTY RIGHTS
Trade Mark
Collective Mark
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What is Passing Off
Mr Ashwin, wants to use Oxygen as his trade mark for clothes and applies for registration of trade mark to the
Registrar of Trade Marks Will Mr Ashwin, succeed in registering the name Oxygen as trade mark of goods
36SIMPSONS pharmaceutical Company claims to have invented a medicine for headache which gives instant
relief in 2 minutes The tablet Xfast is a combination of their previous two cold tablets Without any new
inventionBut Xfast produces quicker reliefState with reasons whether XFast tablet will be entitled for patent
SIMPSONS
46 Define the following terms with respect to copyright: i) reprography ii) broadcast iii) author
21
47When is copyright deemed to be infringed
What is the term of copyright in photograph cinematographic films and sound recording
49Define following terms with respect to patent: i) International application ii) person interested and iii) capable
of industrial application
What is the patent of addition What is the term for patent of addition Can patent of addition be granted if the date
of patent application of patent of addition is later than the date of filing of the application of the main invention
What are the grounds for compulsory license What are the terms and conditions of compulsory license
Define the following terms with respect to trademark: i) deceptively similar ii) registered user iii) mark
What do you understand by intellectual property Explain different types of intellectual property with suitable
examples
What is the term of copyright in published literary, dramatic, musical and artistic work What is the term of
copyright in government work
Define the following terms with respect to patents: i) assignee ii) invention iii) true and first inventor
What is provisional and complete specification what are the contents of both the specifications
Who can become a patent agent What are the rights of patent agents Where there name and addresses are entered
Define following terms with respect to trademarks-i) package ii) collective mark and iii) registered user
Write short note on Appellate Board with reference to establishment, composition and qualification, term of
office, salary, allowances, resignation and removal
What is the procedure for registration of trademarks What is the duration of registered trademark
What are the three important requirements of an invention to qualify for patent
Discuss the various rights of trademark holder Are there any limitations on those rights
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Discuss the terms and conditions of assignment and transmission of trademark Is registration of assignment
compulsory
Explain passing off action Is there any distinction between passing off and infringement
Copyright is a bundle of rights Describe various rights enjoyed by an owner of the copyright
Write note on trade secrets with examples How is trade secret different from patents
off
Write a note on: (a) Collective Marks (b) Functions of trade mark () ()
Explain the term Copyright What is trade mark What are the types of registered trade mark
89 What is compulsory licensing in Patent 90 What are the remedies available for infringement of Intellectual
Property Rights
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93Can the following words be registered Support your answer with reasons Nilgiri for coffee BIOSCOPE in
respect of cinematograph films तृ
94The word Best can be registered as a Trademark for Letter-pads Do you agree ऩॎ
96Who is responsible to ensure that the patent has not been infringed
97Three people take the photograph of the TajMahal from three different corners Is each of them entitled to a
separate copyright of his photograph
98Can one claim copyright in a video film of a wildlife sanctuary produced by him
An author who published a book in the year 1900, expires in 1960 Till what time will the copyright lasts1900
1960 ,
A play is staged by the the School Drama Club in a school function attended by students There is no fee charged
for attending the play Can the playwriter sue the school Drama club for infringement
1 Define Certification Trade mark 103 2 Who can apply for the registration of a geographical indication
4 Define Invention
5 What are the terms of copyright in different types of work under Copyright Act 1957 57
6 The patented pharmaceutical product was not made in India but imported from Switzerland, so Mr Anand
applied for grant of compulsory licence for this product to Controller ,
7 Producer of Sound recording, Mr Mallik made sound recording of old hindi famous movie song with new sets
of instruments in new voice which was originally sung made by Mr Kumar Mr kumar initiated infringement
proceeding against Mr
Mallik
24
State with reasons whether Mr Kumar will succeed in infringement proceeding against Mr
Mallik ष्ट
8 XYZ salt manufacturing company applied for registration of TM Talta for their salt product Registrar of TM
refused to register the said TM च्मा
State with reasons whether Registrars decision was right or wrongDr M has invented a new method of treatment
for removal of kidney stones, which is painless less costly Dr M applies for registration of patent for new
method of treatment invented by him ,
Will Dr M succeed to get Patent State explain the provisions of law in support of your answer
काा
10 XYZ mineral water manufacturing company applied for registration of TM H2O for their mineral water bottle
भॎ 2
What do you understand by intellectual property Explain different types of intellectual property with suitable
examples
Define the following terms with respect to copyright: i) reprography ii) broadcast iii) author
25
What is the term of copyright in photograph cinematographic films and sound recording 132Define following
terms with respect to patent: i) International application ii) person interested and iii) capable of industrial
application
What is the patent of addition What is the term for patent of addition Can patent of addition be granted if the date
of patent application of patent of addition is later than the date of filing of the application of the main invention
What are the grounds for compulsory license What are the terms and conditions of compulsory license
26
BANKING LAW AND NEGOTIABLE
27
BANKING LAW AND NEGOTIABLE
If a cheque issued against consideration is bounced, what is the criminal law consequences
What is section 138 of the negotiable instruments act what is its provision
What is Indorsement
Write any three points of distinction between Bill of Exchange and Cheque
What is acceptance of bill of exchange 19 State the rules of calculating date of maturity of a negotiable
instrument
Explain the salient features of the Banking Regulations Act 1949 in brief 22 Differentiate between promissory
note and bill of exchange
State the qualifications for the appointment of as a presiding officer of Debt Recovery Tribunal
28
Write a Brief note on SEBI
Reserve Fund
29
Nomination for deposits safe deposit lockers
Define Bank under Recovery of Debts due to Banks Financial Institutions Act, 1993
Secured creditor under Recovery of Debts due to Banks Financial Institutions Act, 1993
Promissory note
Bills in sets
Marked cheqes
Garnishee orders
Ambiguous instruments
Facultative endorsement
Endorsement in blank
Negotiation Back
Who appoints the auditors of the RBI and is there a minimum number of
30
auditorsto be appointed for the RBI under the RBI Act
Write a fact and the principle laid down in this Shiva Bhai Zaverbhai Patel v
If Mr X is a director of a banking company, can he be appointed as a director of another banking company If yes,
under what provision of the Banking Regulation Act 90 What is the mode of proof of entries in the Bankers
Books Evidence Act
Does a Tribunal established under the Recovery of Debts Due to Banks and Financial Institutions Act has the
power to pass interim order
Mr X executes a promissory note in the following form, I promise to pay a sum of Rs10,000 after three months
Decide whether the promissory note is a valid promissory note ,
B obtains As acceptance to a bill by fraud B indorses it to C who takes it as a holder in due course C endorses the
bill to D who knows the fraud Can D recover from A
X sells a TV to M, a minor, who pays for it by his cheque X endorses the cheque to Y who in turn endorses it in
favor of Z The cheque is dishonored Discuss the legal position
Write a fact and the principle laid down in this B Mohan Krishna v Union of India
X, a major, and M, a minor, executed a promissory note in favor of P Examine with reference to the provisions
of the Negotiable Instruments Act, the validity of the promissory note and whether it is binding on X and
M , ,,, ,
What is Hundi
31
Explain Bill of Exchange in brief
State any five restrictions on the activities of a Banking Company The banking company acquires a company for
failure to repay the loan due to bank Is it within its power to run the company in view of restriction on its
activities us 9 of the Act
How the term REPO and REVERSE REPO is defined in section 45U of the RBI
What is the definition of BRANCH and a BRANCH OFFICE in relation to a Banking Company
Mr X is a Director of a Banking Company; can he be appointed as director of another Banking Company If yes,
under what provision of the Banking Regulation Act
Define a promissory note and bill of exchange and distinguish between them
Define cheques as contained in section 6 of The Negotiable Instrument Act 1881 and state briefly differences
between cheques and Bill of Exchange Mr X has drawn a crossed cheques on 1st May 2021 and handed over
to you and asked you to deposit cheques at the earliest date in your account so that it is not invalidated Please
state the latest guidelines of RBI in this regard
What is crossed cheques Mr X wants that payee of his cheques should deposit the cheques issued by him to the
payee in the same bank where Mr X has account , How he can accomplish this task What is special crossing
and double crossing Answer very briefly the purpose of special crossing and double crossing
10 What is grace period How many days grace days are allowed Which
Negotiable instruments are subject to grace period facility Is grace period applicable to cheques also Mr X draws
bill of exchange payable after 30 days after sight The Bill of Exchange was accepted on 1st May 2021 State the
date when instrument becomes payable
SEBI Functions
32
Licensing banks under Banking regulation Act
Define Money market instruments133 Provisions of RBI Act relating to the composition of the Central Board.
1934 प्लD
ु efine Promissory Note138 What is Indorsement
Who is holder in due course 142 Write any three points of distinction between Bill of Exchange and Cheque
33