INDIAN INSTITUTE OF MANAGEMENT KOZHIKODE

EPGP
END-TERM EXAMINATION

Course Title Advance Business Laws (ABL)

Instructor(s) Prof. Shannu Narayan and Prof. Deva Prasad M
Duration 2 hours
Maximum Marks 50 marks
Quarter VI
Year EPGP - 13 Batch and 2nd Year

Instructions
1. Mention your name and roll number clearly on the answer script.
2. This is a pen and paper based open book exam.
3. Marks will be awarded for the most appropriate answers.
All the best for the exam!

Question 1 (12.5 marks)

Great Homes, a real estate company has defaulted in paying the outstanding dues
to the financial creditors. The financial creditors have initiated the insolvency
process against Great Homes. Many of the home buyers who have pre-paid for the
apartments are faced with trouble as the construction process of all real estate
property suddenly stopped and they may not be able to get the delivery of the
apartments. In this context committee of creditors refused to help the home-buyers.

 Analyze the situation based on the present position of home-buyers

under the present Insolvency and Bankruptcy Code
  Examine the role of committee of creditors and insolvency
professionals under the Insolvency and Bankruptcy Code

Question 2 (12.5 marks)

Johnson & Johnson’s (J&J) imported license for hip replacement devices that
turned faulty. J&J were ordered by the Ministry of Health to pay compensation
(ranging between 3 million and 12.3 million rupees) to patients who had received
the faulty hip implant. A committee was formed by the Ministry of Health that
calculated the compensation payable based on a formula using a person’s age and
the extent of disability. J&J objected to the committee’s decision on grounds of
lack of transparency and opportunity to be heard, before the Delhi High Court.
Discuss whether the objections raised by J&J is valid or not under the Consumer
Protection (Amendment) Act, 2019.
 Explain Unfair trade practice as per Consumer Protection Law and
Competition Law.
 Discuss product liability law with respect to above context

Question 3 (12.5 marks)

 
The Great Electronics Ltd. a US company, a globally acknowledged leader in
household electronic appliances is facing problem as an Indian competitor is
producing electronic good with the brand name Great Electronics India.  The US
company is desirous of entering India for business and wants to ensure the brand
image is protected. The US company also wants the Indian competitor to refrain
from using a domain name similar to theirs.
 
       Explain whether the concept of passing off and well-known trade marks
in case of trademark law apply in this case with reason? 
 
      Examine the domain name protection in Indian based on above scenario

Question 4 (12.5 marks)

Enumerate the difference between Vodafone International Holding case

(2012) and Cairn Energy India Pvt. Ltd. (2021) case in the international
taxation law regime. Specifically discuss:
 Importance of double taxation avoidance agreements (DTAA) for
India
 Basis of taxation of companies in India
********************************************