1. | Comment on the following based on legal Provisions (no marks for wrong reasons or justification): | 2x7 | |
| (a) | Mr. A. Bose contracts with Mr. B. Ghosh to deliver to him 300 kgs Rice before 31.05.2012. Mr. Bose delivered 200 kgs by 31.05.2012. Mr. Ghosh refused to pay due to non–performance. | | (0) |
| (b) | Remaining silent with respect to the known defects is fraudulent. | | (0) |
| (c) | There are in total two parties to a Promissory Note. | | (0) |
| (d) | Any child can be employed in a factory. | | (0) |
| (e) | ABC Ltd. who incurred heavy loss during 2011 – 12 has not paid Bonus to any of its employees. | | (0) |
| (f) | Works Manager has deducted INR 500 from wages towards the cost of tools and raw materials supplied to workers for purpose of employment (Payment of Wages Act). | | (0) |
| (g) | Mr. A being an agent of Mr. P (who is owner of land) agrees for money to obtain for Mr. B a lease of P’s land but without the knowledge of ‘P’. Discuss the validity of this agreement. | | (0) |
2. | (a) | Orders once passed by the Competition Commission of India cannot be reviewed. Do you agree? | 2 | (0) |
| (b) | Saxena lets to Mr. Menon for hire a horse for his own riding but Mr. Menon drives the horse in his carriage. What action saxena can take? | 2 | (0) |
| (c) | Mr. Malhotra aged 50 years joined the P.F. Scheme on 01.01.2003. He decided to leave the service w.e.f. 01.07.2012 provided he gets Pension under E.P.F. Scheme. Advice based on Rules. | 2 | (0) |
| (d) | Arun entered into a contract with Barun to let out the house under construction and received advance of INR 2 lakhs. The house was, however, requisitioned by Government and, therefore, Arun failed to honour the contract. Can Barun recover damages for breach of contract? Advice. | 2 | (0) |
| (e) | As per order, Mr. Malhotra sent some goods to Mr. Paul at Kolkata through Rail. The Station Superintendent of Howrah Station informed Mr. Paul that goods are held at the Station at Paul's risk and cost. In the mean time, Mr. Paul became insolvent. Mr. Malhotra wants to enforce right as an unpaid seller. Advice. | 2 | (0) |
| (f) | Ashim Sells 1600 kgs of wheat out of large quantity lying in his godown forwarded to Bablu. Out of these, Bablu sells 600 kgs to Chandan (wheat yet to be ascertained). Then Chandan the delivery order signed by Bablu to Ashim who confirmed that wheat would be despatched in due course. Bablu then becomes insolvent. Ashim refused to deliver to Chandan. Advice Chandan based on rules. | 2 | (0) |
| (g) | Under Rights to Information Act if life or liberty of any person is involved, the Public Information Officer expected to reply within one month. Give correct period if this is wrong. | 2 | (0) |
| (h) | Mr. Batliboi bought 50 kgs of potato against cash payment from Mr. Joshi under a Contract of Sale but half of consignment was rotten and Mr. Joshi refused to change the rotton potato nor refunded the value. Advice Mr. Batliboi. | 3 | (0) |
3. | (a) | Fill in the blanks: | 1x4 | |
| | (i) | Drinking water shall be provided at suitable points which shall not be situated within _______________ metres of any washing place/urinal. | | (0) |
| | (ii) | In every factory wherein more than _______________ workers are ordinarily employed, cooling drinking water during hot weather shall be provided. | | (0) |
| | (iii) | No person shall spit except in the spittons provided for in factory and whoever spits in contravention shall be punishable with fine of INR. _______________ | | (0) |
| | (iv) | In every factory wherein _______________ workers are ordinarily employed, Welfare Officer as may be prescribed shall be employed. | | (0) |
| (b) | A seller may deliver goods to a carrier with a right of disposal. Comment. | 2 | (0) |
| (c) | Jayanta, the owner of a car handovers the car with key to Partha (the mercantile agent) to sell the car at a price not below INR 1,00,000. Partha (the agent) sold at INR 90,000 to Amitava, who buys in good faith and without notice of reserve price/or any fraud. Partha misappropriated the money also. Jayanta filed a suit against Amitava to recover the car. Advice with reasons whether Jayanta can succeed. | 3 | (0) |
| (d) | Arun seeing a watch in Barun’s shop marked for sale for INR 1000 entered the shop, places INR 1000 on the counter and asks for the watch. Barun refused. Can Barun refuse to sell the watch? Give reasons. | 2 | (0) |
| (e) | State the essentials of a valid contract. | 5 | (0) |
| (f) | "Young persons" means a person who has completed 18 years of age (Factories Act, 1948). Do you agree? | 2 | (0) |
4. | (a) | Write short notes on any four | 4x4 | |
| | (i) | Future Goods; | | (0) |
| | (ii) | Counter Offer; | | (0) |
| | (iii) | Protection of Gratuity; | | (0) |
| | (iv) | Limited Liability Partnership; | | (0) |
| | (v) | Industrial Disputes (I.D. Act, 1947). | | (0) |
| (b) | In the event of principal debtor being a minor, creditor cannot recover his money, from the surety–offer your views. | 2 | (0) |