CS Final :: Secretarial Practice relating to Economic laws and drafting & Conveyancing : December 2005

Ratan purchased books from Sudhir Publishers wherein a sticker with enhanced price was fixed on the books. Ratan filed a complaint before the Consumer Disputes Redressal Forum. Whether fixing of stickers of enhanced price on books amounts to an unfair trade practice? Will Ratan be able to get refund of excess price charged? Comment in the light of decided case law.

Curewell Surgical Gloves Pvt. Ltd. borrowed money from a public financial institution for importing a plant for manufacture of surgical gloves. After one year, the government introduced a legislation for payment of interest tax, which became an additional liability for the financial institution. According to their policy, they charged this extra interest tax on Curewell Surgical Gloves Pvt. Ltd. Is this an unfair trade practice? Explain.

Taja Beverages Ltd. was registered as a medium scale industry. It received cash subsidy from the State government. After two years, due to the change in the definition of small scale unit under the Industries (Development and Regulation) Act, 1951, the company had become SSI unit. The State government demanded back the subsidy granted to the company on the ground that it was no more a medium scale unit. Advise whether Taja Beverages Ltd. should refund the Subsidy in the light of decided case law.

What are the incentives available for setting-up industries in backward districts?

What are the restrictions, if any, under the Foreign Exchange Management Act, 1999

(i)	For making remittance abroad out of the profits of business set-up in India by persons resident outside India; and
(ii)	For making remittances of surplus remaining on completion of a project in India by a person resident outside India?

Discuss briefly the procedure for obtaining environmental clearance under the Environmental Impact Assessment Notification, 1994.

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What procedure is specified under the Environment (Protection) Act, 1986 for taking samples of air, water, soil or other substances?

State the procedure to be followed for making a complaint before the Consumer Disputes Redressal Forum in case of a dispute relating to defect in goods.

Mention in brief the reasons for proposed repeal of the Monopolies and Restrictive Trade Practices Act, 1969 and its replacement with the Competition Act, 2002.

Discuss the new telecom policy along with its framework and private sector participation in value added services.

Explain in brief the provisions of the Foreign Exchange Management Act, 1999 relating to export of goods.

You, as an executive of Green Co. Ltd. have been appointed as arbitrator for resolving a dispute on inter-company transfer of goods for sale between Blue Co.(P) Ltd. and Yellow Co. (P) Ltd., subsidiaries of Green Co. Ltd. Assuming the facts of the dispute, draft an arbitration award after completion of arbitration hearings.

Whether a proxy lodged with the company under Section 176 of the Companies Act, 1956 is a 'power of attorney'? Does it require registration? Draft a specimen form of proxy.

Draw up a specimen of bank guarantee on behalf of a contractor in lieu of the earnest money.

Charlie, the purchase manager of Guzzle Ltd., has been found guilty by the investigating team of gross negligence resulting in heavy financial losses to the company. Draft an order of dismissal of Charlie.

Write short notes on the following:
 (i) Important clauses of hire purchase agreement
(ii) Components of an award.

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What are the rules and guiding principles that should be kept in mind while drawing up an affidavit?