Reg. No. : Question Paper Code: JK4107 M.B.A. DEGREE EXAMINATION, FEBRUARY/MARCH 2017. (®rom Academic Year ~ 2015 ~ New Question Paper Pattern) First Semester DBA 7107 — LEGAL ASPECTS OF BUSINESS ~ (Common to All Branches) (Regulations 2013) ‘Time : Three hours Maximum : 100 marks Answer ALL questions. PART A— (10 x 2= 20 marks) Explain Void and Voidable Contracts. What do you mean by ‘Consideration’? Elaborate, ‘Guarantees’ and ‘Warrantees’ in the Sales Contract. Distinguish a Cheque and a Draft. State the importance of Prospectus. What do you mean by Strike / Lockout? Who is responsible for the payment of Wages? Under the Payment of Wages act? State the need and the importance of VAT. A eee Pe ~ 9. Explain: (@) Copy Rights and (b) Trade Marks. 10. How the Agency is terminated? PART B — (6 x 13 = 65 marks) 11. (a) How the Contracts are classified? Explain each, in brief. Or (b) State and explain the requisites of negotiable instruments and how the negotiable instruments are discharged?12, 13. 14, 15, 16. (@) ) (a) ) @ ) fa) ) @ ) Elaborate the nature and types of companies. Distinguish articles of association and memorandum of association, Or Why Companies are wound up? What are the different kinds of winding up and state its impact? Elaborate the rules and the regulations as to the employment of young persons, Women, in a Factory / Industry, under the Factories Act. Or Discuss the various provisions relating to the Payment of Bonus Act and the Payment of wages Act. What do you mean by VAT? Explain the VAT calculation and its advantages and disadvantages. Or Elaborate Corporate Tax Planning and state the scope, incidence of CST Act 1956. How the Consumers are protected? What are their rights? Who can apply? Or State the characteristics of Cyber Crime and the classification of Cyber crimes. PART C — (1x 15 = 16 marks) Mr. Sundar, a businessman in one of the Metros, issued a cheque for Rs. 100 lacs, in favour of Mr. Mohan a minor, who in turn endorsed in favour of Kumar, who in turn endorsed in favour of Radha. When the cheque was presented for payment, it was dishonoured by the Banker? Discuss the rights of Mr. Mohan and Radha and Kumar. Or State and explain the company’s registration procedure under Indian Company's Act 1956. 2 JK4107Reg. Question Paper Code : J1187 M.B.A. DEGREE EXAMINATION, AUGUST/SEPTEMBER 2016. (From Academic Year ~ 2015 ~ New Question Paper Pattern) First Semester (Common to all branches) DBA 7107 — LEGAL ASPECTS OF BUSINESS Regulations 2013) ‘Time : Three hours Maximum : 100 marks Answer ALL questions. PART A — (10x 2= 20 marks) 1. Differentiate between a Guarantee and a warranty. 2. A Quasi contract is not a contract in the strict sense of the term. Explain this statement. 3. List out any four principles underlying Corporate Governance. 4. What is a Limited Liability Partnership? 5. State the exceptions to Caveat Emptor. 6. Is a Call Centre governed by Factories Act or Shops and Establishments Act? Why? 7. What is the purpose of Articles of Association? 8. Differentiate between Value Added Tax (VAT) and Goods and Services Tax @sn. 9. What are the rights of consumers that the Consumer Protection Bill 1986 seeks to protect? . 10. List out the major Acts that got amended after the enactment of Indian IT Act.i. 12. 18. 14. 15. 16. @ &) (@) b) (@) b) @ &) @ &) @) PART B — (6 x 13 = 65 marks) What are the types of Negotiable Instruments? Discuss their distinguishing features. Or When is a contract said to be breached? What are the legal remedies available for the affected party? On what factors are the companies classified into different types? Explain the classification under each factor. Or What are the duties and liabilities of Director under Companies Act 20127 Discuss the statutory machinery constituted under the Industrial Disputes Act for conciliation and adjudication of industrial disputes. Or Discuss the provisions for safety, health and employee welfare under the Factories Act. Describe the different methods of VAT calculation. Or Discuss any two practical aspects of subsequent sales under Section 6(2) of CST Act. Discuss the salient features of the Indian Consumer Protection Act. Or What do you understand by the term Net Neutrality? Discuss the pros and cons of Net Neutrality. PART C — (1 * 15 = 15 marks) In 2012, Vodafone Group PLC won a $2.2 billion legal battle against the ‘Tax department in a Supreme Court ruling. The tax demand was over Vodafone's $11 billion deal to buy Hutchison’s Indian mobile business in 2007. The UK-based company had appealed to the Supreme Court after losing the case in the Bombay High Court in 2010. The verdict sent Vodafone shares up as much as 2.5 percent in London. Vodafone, the world’s largest mobile operator by revenue, had taken the position that Indian tax authorities had no right to tax the transaction which had taken place between two foreign entities in the Caymans Tsland and had no sufficient connection with India for attracting capital gains tax. Even if tax was due, the company had argued, it should be paid by the seller not the buyer. 2 J1187©) ‘The government on the other hand argued that the foreign entities are merely shell companies without any assets or operations except for the Indian company. The transaction between foreign entities was nothing but a sham to avoid taxes, and that there is sufficient connection with India to tax the transaction. Indian authorities had said the deal was liable for tax because most of the assets were in India and because under local tax law, buyers have to withhold capital gains tax liabilities and pay them to the government. Questions: () Highlight the legal issues in this case. (i) What is your position on this case? Present your arguments. Or In April 2015, Maharashtra Government's Food and Drug ‘Administration (FDA) had ordered filing of FIRs against Snapdeal.com as well as against its CEO Kunal Bahl, Directors and Distributors for online sale of prescription drugs in derogation of Indian laws. FDA Commissioner Harshadeep Kamble said investigations into other e- commerce giants like Flipkart and Amazon are also under progress to ascertain if they are also involved in such sales. Questions: (@ Has an offence been committed in this case? (ii) Snapdeal is a platform that connects online buyers and sellers. Can it be held responsible? Gii) What regulation would you suggest for online pharmacy stores in India? 3 J1187Reg.No.:{ | | | | I | Question Paper Code : K1107 M.B.A. DEGREE EXAMINATION, AUGUST/SEPTEMBER 2016. First Semester (Common to all branches) DBA 7107 — LEGAL ASPECTS OF BUSINESS (Regulations 2013) ‘Time : Three hours Maximum : 100 marks s 28 Corre e se Answer ALL questions. PART A— (10 x 2= 20 marks) Write short notes of the following: Quasi contract. ‘Termination of agency. ‘Types of companies. Corporate governance. Wage. Bonus. Incidence of OST. Value Added Tax. Consumer Rights. Income Tax. PART B — (6 x 16 = 80 marks) wa (a) Describe the essentials of a valid contract. Or (b) Analyze the salient features of Negotiable Instruments Act 1881.12, 13. “a 15. (@) b) @ (b) (@ (b) fa) (b) Explain the Articles of association and discuss its relation with the memorandum of association, Or What are the circumstances in which a company may be wound up? Discuss the important provisions of the Factories Act towards health and safety of employees 2 Or Evaluate the salient provisions of Payment of Wages Act. Mention an overview of Central Sales Tax Act 1956. Or Describe the different methods of VAT calculation. Enumerate the various types of consumer redressal machineries available in India. Or Write an essay on ‘Cyber Laws’. 2 K1107Reg. No. elses] Question Paper Code $1107 M.B.A. DEGREE EXAMINATION, FEBRUARY/MARCH 2016. First Semester ‘DBA 7107 — LEGAL ASPECTS OF BUSINESS (Common to all branches) (Regulations 2013) ‘Time : Three hours Maximum : 100 marks Answer ALL questions. PART A — (10 x 2= 20 marks) Write short notes of the following: Value added tax. ‘Tax planning. 1. _ Rights of an unpaid seller. 2, ‘Types of agents. 3, Memorandum of association. 4, Prospectus. 5. Wage. 6. Bonus. ae 8 9 Consumer rights. 10, Trade marks. PART B— (5 x 16= 80 marks) Answer ALL questions. 11. @) Distinguish between @) void agreement and voidable contract; (i) void and illegal contract; (iii) void and unenforceable contracts. Or (b) On whom the burden of proof lies in caso of undue influence? State the cases in which undue influence is presumed.12, 13. 14. 15. (a) (o) @ (b) (@) ) f) ) Discuss the privileges enjoyed by a private company over a public company. How can a private company be converted into a public company and vice versa? Or Explain the restriction on the allotment of shares under the Companies ‘Act. What is the effect of an irregular allotment? What are the provisions of the Apprenticeship Act, 1961 as regards practical and basic training of apprentices and related instruction of apprentices? Or State how an employee can take action if he is getting less than the minimum wages. What is the procedure for the final determination of the dispute? Under what circumstances registration is compulsory under CST Act 1956? State the circumstances under which the certificate of registration may be amended or cancelled. Or Discuss’ the major objectives that have been attributed to the levy of excise duties in India. How excise duty is different from sales tax? Explain the types of consumer redressal machineries and forums. Enumerate the consumer grievance redressal procedures. Or Write an essay on Cyber Laws. 2 $1107Reg. No.: Question Paper Code : 80107 M.B.A. DEGREE EXAMINATION, AUGUST 2015. First Semester DBA 7107 - LEGAL ASPECTS OF BUSINESS (Common to All branches) (Regulation 2013) ‘Time : Three hours Maximum : 100 marks Answer ALL questions. PART A— (10 x 2= 20 marks) What are quasi-contracts? Distinguish guarantee from warranty. What is a foreign company? What do you mean by corporate governance? Define a factory under the Factories Act, 1948. What is an industrial dispute? State the different types of sale under CST Act. What is VAT? Who is a consumer under the Consumer Protection Act? Ser err eye 10. Who can file a complaint under the Consumer Protection Act? PART B — (6 x 16 = 80 marks) 11, (a) Explain the rights and duties of a principle? How an agency can be terminated? Or (b) State the provisions of negotiable instruments act 1881 regarding, @ Crossing (i) Endorsement (iii) Holder in due course.12. 13. 14. 16. (@) () (@) (b) @) ) @ © What are the contents of memorandum of association and articles of association of a company? : Or Mention the powers, duties and liabilities of directors of a company. Write the provisions of the payment of bonus act 1965 regarding calculation of bonus. Or Briefly explain the provisions of Factories Act 1948 relating to health, safety and welfare of workers. Explain the objectives and characteristic features of CST Act 1956. Or Explain the different methods of computation of tax under VAT. State the provisions of LT. Act 2000 and 2002 regarding checking of cyber crimes. Or Write short notes on : @ Patents (ii) Copy rights (iii) Trade marks. 2 80107Ree no:[ [TT LD] ies Eai| Question Paper Code : 22109 M.B.A. DEGREE EXAMINATION, FEBRUARY/MARCH 2015, First Semester DBA 7107 — LEGAL ASPECTS OF BUSINESS (Common to all branches) (Regulation 2013) ‘Time : Three hours Maximum : 100 marks 10, i. Answer ALL questions PART A— (10 x 2= 20 marks) Distinguish between void and voidable contract. Define a negotiable instrument. Define a private company. What are the various modes of winding up? What is an industrial dispute? What is minimum bonus under the Payment of Bonus Act? What is the use of ‘Form-C’ under the CST Act? What is meant by inter-state sale? What are patentable inventions? Who is a ‘complainant’ under the Consumer Protection Act? PART B— (5 x 16 = 80 marks) (a) Discuss the different ways in which a contract may be discharged by operation of law. Or (©) Explain with examples the characteristics of conditions and warranties,12, 13. 14, 15. (a) (b) (a) &) @ &) (a) (b) Describe the procedure relating to the incorporation of companies under the Companies Act, 1956. Or State the duties, powers and liabilities of the directors of a board. Explain briefly the provisions of Factories Act, 1948 regarding health, safety and welfare of workers, Or Explain the different machinery available for settlement of industrial disputes under the Industrial Dispute Act. Deseribe the objectives, advantages and method of implementation of VAT. Or Discuss the procedure for registration of dealers under CST Act. Describe the procedure for redressal of consumer grievances under the Consumer Protection Act, 1986. Or Explain various types of cyber crimes according to Information ‘Technology Act, 2000. 2 22109tata | M.B.A. DEGREE EXAMINATION, AUGUST 2014. First Semester DBA 7107 — LEGAL ASPECTS OF BUSINESS (Common to all branches) (Regulation 2018) Time : Three hours Maximum : 100 marks Answer ALL questions. PART A — (10 x 2= 20 marks) When can you say that a contract is valid? What is a negotiable instrument? What is the difference between guarantee and warranty? Mention the types of companies according to Company Law Mention any two objectives of Payment of Wages Act How is retrenchment different from layoff? Which ministry reports corporate tax rates in India? What is the current rate of corporate tax in India? Give any two practical issues in CST. 9. What are the types of consumer redressal machineries and forums? 10. What is the purpose of Consumer Protection Act? PART B — (5 x 16 = 80 marks) 11. (a) ‘All agreements are contract’. Do you agree? Why and Why not? Give reasons and explain in detail Or (>) A, aman enfeebled by disease or age, is induced by B's influence over him as his medical attendant to agree to pay B an unreasonable sum for his professional services. Does B employ undue influence? Can he can take steps to set the contract aside? Discuss the concept of validity and enforceability in contracts.12, 13, 4. 15. (a) b) a) ) (@ (by (a) (b) What are the powers, duties and liabilities of Directors? Discuss. Or What is the procedure for winding up of companies? Explain in detail If you are the Executive Director of a medium sized manufacturing company, what are the important records you will ensure that it is maintained according to factories act? Or Can the labours in any factory who are working as third party contract labours form an union? If they form a Union, and company is against it, what actions can be taken by company in such a scenario. What is the difference between CST, VAT, Sales Tax, Excise Duty, Customs Duty? Explain with examples. Or What is VAT? Do you think India really needs the VAT system of taxation? Explain. What are the limitations of VAT? Why are traders opposing the introduction of VAT? Can you prevent cyber crimes in India? What are the ways and means to ensure cyber security? Or What do you understand by Intellectual Property? Explain the salient features of different categories under IPR.