Mock Test Paper

Module 1: CS Executive Old

Paper – 3: Economic and Commercial Laws

Roll No………………………………. Total No. of Printed Pages-5

Total No. of Questions-6 Maximum Marks-100

Time Allowed- 3 Hours

NOTE: Answer ALL Questions.

PART A

Question 1 (5 Marks each)

(a) What is meant by contracts "uberrimae fidei"? Which contracts are in

general may be treated as contracts "uberrimae fidei"?

(b) What are the short-term and long-term objectives of India's foreign

trade policy?

(c) What obligations may be imposed upon an exporter, who receives

advance payment from a buyer outside India, under Foreign Exchange

Management Act (FEMA), 1999?

(d) What constitutes ‘abuse of dominance’, under Competition Law?

(e) What is meant by "Geographical indications" under intellectual property

rights?

Attempt all parts of either Q. No. 2 or Q. No. 2A

Question 2 (3 Marks each)

(a) Ram, a tenant entered into an agreement of lease with Shyam, the

owner, for ten years. The lease agreement did not contain the

provisions for cleaning, repairing and maintenance of the leased

property. Ram requested to Shyam for providing maintenance services

 for the lease property. On refusal, Ram contended that he is a

consumer, as he is paying rent of the leased property but Shyam has

not provided the aforesaid services, which should be treated as the

deficiency in service under Consumer Protection Act, 1986. Decide,

whether the contention of Ram is tenable?

(b) When the Board of Approval is empowered to suspend the letter of

approval granted to the developer under Special Economic Zone (SEZ)

Act, 2005.Elaborate.

(c) Nothing new should be introduced in a pending litigation”, is a well-

known concept of property law. Critically evaluate this concept.

(d) What are the basic principles of General Agreement on Trade in Services

(GATS)?

(e) Distinguish between 'English mortgage' and 'mortgage by conditional

sale'.

OR (Alternate question to Q.No. 2)

Question 2A (5 Marks each)

(i) When the instruments may be stamped with adhesive stamps, under

the Indian Stamps Act, 1899? When and by whom such adhesive stamps

may be cancelled?

(ii) Does the Alternate Dispute Resolution (ADR) processes provide

procedural flexibility of a conventional trial? Explain.

(iii) Aman hired a room in a hotel and paid a week's rent in advance. After

registering, he went up to occupy the room. Aman found a notice on the

wall that "The proprietor will not be responsible for articles lost or

stolen, unless handed over to the manager of the hotel for safe

custody." Owing to the negligence of the hotel staff, a thief gained

access to the room and stole some goods of Aman. State whether the
 proprietor of the hotel is liable for the loss caused to Aman? State also

which type of contract it is?

Question 3 (5 Marks each)

(a) Ms. Neelam, daughter of Ashok, was travelling by train. She fell down

from the running train while she was passing through the inter-

connecting passage between two compartments and died as a result of

crush injuries on her head.

Ashok claimed compensation from the Railways for deficiency in

service. The Railways contended that the redressal agencies under the

Consumer Protection Act, 1986 had no jurisdiction to consider a

complaint of this nature. They also contended that all the coaches of the

train had been thoroughly checked at the starting point of the train and

no defect was reported.

Will Ashok succeed in getting compensation? Give reasons and refer to

decided case law, if any.

(b) Discuss briefly the ‘doctrine of part-performance’, which is embodied in

Section 53A of the Transfer of Property Act, 1882

(c)

(i) What is meant by contravention under the Foreign Exchange

Management Act (FEMA), 1999?

(ii) Which kind of approval is essential for the following transactions, under

the FEMA, 1999:

a) Arjun, wants foreign exchange facility to visit England, for which he

requires USD 3,50,000.

 b) Mathew, a non-resident Indian wants to transfer his shares of a

company to non-resident.

c) Nidhi, wants to get USD 2,50,000 for brain tumour surgery at London.

Question 4
(a) What is meant by ‘Arbitral Award’? State the ingredients of an arbitral

award under the Arbitration and Conciliation Act, 1996. (8 Marks)

(b) “The Competition Act, 2002 does not prohibit dominance but the abuse

of dominant position.” Discuss. (7 Marks)

Part B

Question 5 (3 Marks each)

(a) What is the object and scope of the Essential Commodities Act, 1955?

Discuss briefly.

(b) Explain the objectives behind the establishment of the Water

(Prevention and Control of Pollution) Cess Act, 1977.

(c) Under what circumstances a Sub-Registrar can refuse to register a

document under the Registration Act, 1908?

(d) d. X a trustee of Y, wrongfully disposes the property of the trust and

acquired another property in his own name, partly with his own money

and partly with the money received from the disposal of the trust

property. What remedy is available to Y against X under the Indian Trust

Act, 1882?

(e) Define the term ‘Manufacturer’ as used in Legal Meteorology Act, 2009.
Attempt all parts of either Q. No. 6 or Q. No. 6A

Question 6 (5 Marks each)

(a) Discuss the criteria of classification of enterprises into micro, small and

medium enterprises under the Micro, Small and Medium Enterprises

Development Act, 2006.

(b) Prateek failed to comply with the order of National Green Tribunal.

Advise to Prateek the consequences thereof.

(c) Discuss the procedure of amendment or alteration of the objects of

society under Societies Registration Act, 1860.

OR (Alternate question to Q. No. 6)

Question 6A (5 Marks each)

(a) “Is it necessary that registration of documents should be done only

where the property is situated”? Discuss the provision of the of

Registration Act, 1908 dealing with the matter.

(b) “An enterprise which is engaged in hazardous or inherently dangerous

activity and an industry which poses a potential threat to the health and

safety of the persons working in the factory and of those residing in the

surrounding areas owes an absolute and non-delegatable duty to the

community.” Comment

(c) Discuss 'essential commodities' under the Essential Commodities Act,

1955.