Prepared By: Kiran Khatri (Faculty LJMBA)

Questions from past exams. Indian Contract act and Special contracts.
1) A contract is not void able merely because it was caused by one of the parties to it being under a mistake as to matter of fact. Explain the statement giving illustrations. (7 marks) (Jan 2011) 2) All contracts are agreement but all agreements are not contract- Explain. (7 marks)(Jan 2011) 3) A, B and C are sureties for D enter into three several bonds each in a different penalty of A Rs. 1000, B in that of Rs 2000 and C in that of Rs 4000 conditioned for Ds duly accounting to E. D makes a default to the extent of Rs. 4000. State the liability of A, B, and C. (7 marks)(Jan 2011) 3) Explain the following pairs of terms, in not more than 5 lines per term. (i) Nominal damages and exemplary damages (ii) Indemnity and guarantee. (5 * 4 = 20 marks)( Dec 2007) 4) Explain the term consideration. A stranger to consideration can sue upon the contract Explain the statement in brief. 5) A contract of marine insurance is a contingent contract. 6) What is meant by frustration of contract? Enumerate the situations where a contract can get frustrated. (5 marks)(Dec 2007) 7) Explain the following: (a) Void contract (b) Agreement of patent Prevention and control of pollution (d) License to issue digital signatures (e) Sale and agreement to sell. 8) Define agreements and type of agreements. 9) Explain rules regarding offer under The Indian Contract Act. 10) Who can enter into a contract? Discuss. 11) What do you know about free consent and when consent is not free? Explain. 12)X sold his business including goodwill to Y for Rs. 500000/- Rs. by an agreement. The agreement provided that X should not engage himself in the similar business In the whole of India for the next 10 years. X Started the same business in the Same city after one month. State the legal provision. 13) X of Delhi agreed to sell 100 bales of cotton@ Rs.1000 per bale and to deliver within a fortnight at buyers go down at Lahore. X failed to supply these goods. Sate legal position in the following case: (a) If unknown to both the parties , the goods were destroyed by fire at the time of Agreement. (b) If X knew that the goods were destroyed by fire at the time of formation of agreement. (c) If the goods were destroyed by fire after the formation of agreement, Prepared By: Kiran Khatri (Faculty LJMBA)

Prepared By: Kiran Khatri (Faculty LJMBA) (d)If war was declared between India and Pakistan. (e) If goods were to be manufactured by Z who did not manufacture those goods. (f)If goods could not be delivered because of strike of transport operators. (Dec 2006) 14) A lends his car to B to be driven by him (B) only. B allows his daughter C who is an expert car driver to drive it. C drives the car carefully but its axle suddenly breaks and the car is damaged. Is B liable to A for the damage? 15) Explain the following statements giving illustrations: (a) A contract is not void able merely because it was caused by one of the parties to it being under a mistake of fact. (b) Agreements, the meaning of which is not certain, or capable of being made Certain are void. Two or more persons are said to consent when they agree upon the same thing In the same sense. (d) The performance of any promise may be made in any manner, or at any time Which the promise prescribed or sanctions. (e) No consideration is necessary to create an agency. 16) State what the real test of agency is. Also state the provisions relating to subagents. 17) Comment on the following: 1) A, a singer, contracts with B the manager of a theatre to sing at his theatre for Two nights in every week during the next two months. And B engages to pay Her 100 Rs. for each nights performance. on the sixth night , A willfully Absents herself from the theatre and B, in consequence rescinds the contract. Claims for the payment for 5 days. Is B liable for the same? 18) Explain the nature of contract of agency. Can a minor become either principal or an agent? 19) A lends a sum of Rs. 50000 to B on the security of five shares of a limited company on 1st January, 2011. On 1st April, 2011 the company issued two bonus shares. B returns the amount of Rs. 50000 with interest to A and A returns five shares which were pledged, but refused to give the two bonus shares.

Sale of Goods Act

1) Explain who is unpaid seller? State his rights. (Marks 7)(Jan 2011) 2) Write a note on Warranty and Conditions. 3) Distinguish between sale and agreement to sell. 4) Explain the terms sale and hire purchase agreements 5) Explain the terms: Conditions and Warranty with the help of suitable examples. What are the consequences of their breach? 6) As a general rule, there is no implied warranty or condition as to quality or fitness for any particular purpose of goods under the contract of sale. Explain the proposition.

Prepared By: Kiran Khatri (Faculty LJMBA)

Prepared By: Kiran Khatri (Faculty LJMBA) 7) Avinash came across an advertisement for a second hand car. The advertisement had described the car as a Maruti Zen latest model, metal pearl. Avinash examined the car and took it for a test drive. He was happy with it and bought it now he wants to return the car as it is not silver pearl in color but white. - Decide. 8) Which are the major remedies for an unpaid seller? 9) Explain briefly any for exceptions to the maxim: no one can give a better title to the goods than he has himself. 10) State implied conditions and warranties on the contract of sale. Also give the instances where breach of contract is breach of warranty. 11) Explain the nature of contract of sale of goods and bring out clearly the distinction between a sale and agreement to sell. 12) The sale of pure ghee was warranted only equal to sample, which was shown to the buyer. The ghee supplied by the seller corresponded to the sample, but was found containing 25% groundnut oil. The buyer refused to accept delivery and filed a suit against the seller for recovery of price. Will he succeed?

Environment Protection Act

1) Explain briefly the provisions relating to the prevention of deterioration of quality of Air under the Air (protection) Act. (Marks 7)(Jan 2011) 2) Explain prevention and control of polltution. 3) Write a note on role of courts in the control of pollution. 4) Industrial development must direct sustainable development. Discuss 5) What is meant by Environment Impact Assessment statement? What are its benefits? 6) Explain what steps do the state governments take to increase awareness of environment protection? 7) How is location an important factor to be considered for prevention of environment pollution? 8) Explain the term: Appropriate laboratory. 9) State the conflicting provisions in constitution regarding division of state and center powers. 10) Explain briefly the provisions relating to the prevention of deterioration of quality of water under The Water (protection) Act. 11) Explain the role of various courts under the Environment Protection Act in pollution control and protection of Environment.

Prepared By: Kiran Khatri (Faculty LJMBA)

Prepared By: Kiran Khatri (Faculty LJMBA)

Negotiable Instruments Act

1) A contracted to pay B Rs. 1 lakh on a specified say through a promissory note in lieu of goods sold to him. A did not pay the money on the appointed day. B in consequence of not receiving the money on that day is unable to pay his debts and is totally ruined. What damages if any would you award. (Marks 7)(Jan 2011) 2) A draws a cheque in favor of B. As clerk forges Bs endorsement and negotiates the cheque to C, who takes it in good faith and for value. C receives payment on the cheques. Discuss the rights of A and C. (Marks 7) (Jan 2011) 3) You are a banker. A new customer has asked you to explain the effect of the following crossing on cheques(a) two parallel lines across the cheques with words & Co. (b)the same as in (a) but with the addition of the words not negotiable. Give him a clear explaination. (Marks 7)(Jan 2011) 4) Write a note on Types of Cheques. 5) Define negotiable instruments and discuss the parties involved in negotiable instruments. 6) Explain the term promissory note and bill of exchange. 7) What is meant by negotiation of a negotiable instrument? How it can be done? 8) Explain the proposition: a cheque is a bill of exchange but a bill of exchange is not cheque. 9) Explain the term: Presentment 10) Explain in detail the provisions relating to the dishonor of cheques under the Negotiable Instruments Act. 11) Explain the situation where a bank must refuse the payment to a cheque. What are the recourses for dishonor of cheques. 12) Examine the validity of the following negotiable instrument. 13) A bill of exchange drawn on 15/2/2011 by Kishore on Kirit to pay Jayesh an amount of Rs. 5000/- ten days after the arrival of the ship named Victory at Mumbai.( signed by Kishore). 14) P writes a promissory note like this- I acknowledge myself to be indebted to Q for Rs 5000/- to be paid to Q on the day he(Q) attains majority signed by P.

Prepared By: Kiran Khatri (Faculty LJMBA)

Prepared By: Kiran Khatri (Faculty LJMBA)

The Companies Act of India

1) Define Managing director, and state the statutory provisions regarding his appointment and remuneration? (Marks 7)(Jan 2011) 2) Explain MOA and its Clauses. 3) Write a note on AOA. 4) Define Company and explain the salient features of a Company. 5) Discuss the provisions regarding Meetings under The Indian Companies Act. 6) Define a Company and differentiate between public company and private company. 7) Explain the terms Abridged Prospectus and Statement in lieu of prospectus. 8) Explain the provisions of the companies act 1956 regarding directors appointment and disqualification. 9) Explain the doctrine of constructive notice and indoor management. What is its importance? 10) What is MOA of a company? Discuss its contents. 11) Mr. X who was appointed as a director at the last Annual General meeting resigned. The board filled up the casual vacancy by appointing Mr. Y. but within a number of days of his becoming a director Mr. Y died. The Board wishes to fill up the casual vacancy by appointing Mr. Z in the place of Mr. Y in the next Board meeting. State the legal provisions in this circumstance. 12) Directors are sometimes described as agents, sometimes as trustees and sometimes as managing partners. But these expressions used are not extensive of their powers and responsibilities but their utility. Explain how? 13) What do you mean by lifting or piercing of corporate veil? Explain the instances when corporate veil can be removed by courts at their own discretion. 14) The property of a company is a property of members- comment. 15) The power of altering the AOA is wide, yet it is subject to a large number of limitations 16) A prospectus must contain the truth and nothing but the truth- do you agree? 17) Define Quorum. What is quorum for a general meeting? What course of action must be adopted when the quorum is not complete in the general meeting? 18) A company issued a prospectus which contained a miss-statement. One Mr. G applied for shares and got them. Thereafter he sold the shares to H. (a)can H bring an action against the mis-statement?(b) would your answer be different , if H had purchased the shares from the open market after reading the prospectus and then tried to bring an action against the Company for mis-statement?

Prepared By: Kiran Khatri (Faculty LJMBA)

Prepared By: Kiran Khatri (Faculty LJMBA)

Information Technology Act

1) Explain who can become a Certifying Authority under the Information Technology Act 2000. What is the scope of activities of the same? 2) License for issuing Digital signature certificate. 3) Write a note on Digital signatures. 4) Explain the term: e commerce. How does it differ from eGovernance? Enumerate the instruments, documents and transactions to which Information Technology Act, 2000 is not applicable. 5) Explain the terms: digital signatures and digital signature certificate. Who is authorized to issue digital signature certificate? 6) Explain the civil offences under the Information Technology Act 2000? 7) State the liabilities of Internet Service Providers under the Information Technology Act 200? 8) Explain the term: Hacking. 9) Is hacking and damage to a computer system, one and the same thing? If not, please specify the difference between the terms. 10) Explain who can become a Certifying Authority under The Information Technology Act 2000 . What is the scope of the activities of the same? 11) Write a note on License for issuing Digital signature certificate. 12) Reliance Info com has started providing the internet services Rconnect on mobile and fixed wireless phones, one of the subscriber used this service to view illicit sites. Can Reliance be sued for making those sites available to the subscriber?

Consumer Protection Act

1) 2) 3) 4) Explain the scope of different consumer dispute redressal agencies. Write a note on Restrictive Trade Practices and Unfair Trade Practices. What do you know about consumer dispute redressal agencies? Explain. A bought an electric iron from a shop. As wife W was using the iron. In the first use itself, the coil melted and gave a shock. W had to be hospitalized. Can A return the iron and claim his money? Can W demand compensation for injury? Can A demand compensation for W? Explain the term: consumer dispute. Explain the composition and jurisdiction of State Commission for redressal of consumer dispute. Explain the term complaint as per Consumer Protection Act. Explain the composition and jurisdiction of District forum fro redressal of consumer disputes. A person saw a Plasma TV in the showcase of a shop. A label below the TV mentioned the price 45000 Rs .He had been looking for that model of TV for a long time. He approached the shop to buy one such TV. However, He was told that the shop did not have that model in stock. The shopkeeper also said that he could not promise to him one later, as the manufacturing company of that TV was facing financial difficulties and it was being closed down. The person insisted that he had a right to buy the one kept in the showcase. Comment. Write an explanatory note on Consumer Dispute Redressal Forum, its composition and jurisdiction. Explain the scope of different consumer dispute redressal agencies. Prepared By: Kiran Khatri (Faculty LJMBA)

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Prepared By: Kiran Khatri (Faculty LJMBA)

Intellectual Property Rights

1) Copyright protection is in the form and not the idea Discuss. 2) Explain the criteria for patentability set under the Indian Patents Act? 3) Explain the Agreement of Patents. 4) Write a note on Trademark and its Registration. 5) Write a note on what can be copyrighted. 6) This is a case between Relaxo Rubber Ltd.(plaintiff) v/s M/s Selection Footwear( defendants). Here the plaintiff is engaged in the manufacture of rubber chappals and all other kinds of footwears. The Defendants is marketing, and selling and making publicity of these products manufactured by the plaintiff. Trade mark RELAXO is continuously and extensively in use by the plaintiff since 1968 and later on it got registered with Trade mark Act. Defendants have been selling rubber chappals bearing identical trade mark RELAXO in the same style or writing as that adopted by the plaintiffs. Explain the recourse for the plaintiffs. 7) Explain special status of patents relating to medicines, food items and chemicals which has changed after 1st January 2005. 8) What is a trademark? State its essentials. 9) State the essentials of infringement of copyrights 10) Explain briefly the criteria for patentability. 11) What is meant by patents? Explain the procedure to be followed for grant of patents. When is the patent said to have been infringed? What are the remedies available in case of infringement of patents? 12) Explain the term Trade mark. What purpose does it serve? What are the characteristics of a good trade mark? 13) Explain the term copyright. Discuss the remedies available in case of infringement of a copyright.

Prepared By: Kiran Khatri (Faculty LJMBA)